Hash v. Califano

DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

This is an action seeking judicial review of a final decision of defendant, Secretary of the Department of Health, Education, and Welfare, denying plaintiff’s application for black lung benefits. The available administrative remedies have been exhausted and the matter is properly before this court under the provisions of 42 U.S.C. § 405(g), *385as incorporated by 30 U.S.C. § 923(b). The court is empowered under this section to enter judgment upon the pleadings and administrative record. 42 U.S.C. § 405(g). The sole issue presented is whether the…