Roberts v. Weinberger

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action to review the final decision of the Secretary denying plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to Title 30 U.S.C. §§ 921(a) and 922(a)(2), 1 of the Federal Coal Mine Health and Safety Act of 1969, Title 30 U.S.C. § 901 et seq., as amended [hereinafter cited as the “Act”]. Title 30 U.S.C. § 923(b) incorporates by reference § 205(g) and (h) of the Social Security Act, Title 42 U.S.C. § 405(g) and (h). 2

Plaintiff is the widow of Joe E. Roberts who died in a mine accident on October 9, 1956, at age…