Legal Opinion
Kulhavick v. Mathews
District Court, E.D. Pennsylvania
Decided November 9, 1976No. Civ. A. No. 75-3373PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
TROUTMAN, District Judge.
Before this Court are cross-motions for summary judgment filed by the plaintiff and defendant, respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health & Safety Act, 30 U.S.C. § 901 et seq., after his claim was heard and denied by an administrative law judge (ALJ) and by the Appeals Council of the Social Security Administration.
A careful review of the administrative record establishes that there was fundamental error requiring that the record be remanded.
Firstly, counsel for the plaintiff objected…
2Cases cited4 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Paul K. Browne, Sr. v. Elliot L. Richardson, Secretary of Health, Education and WelfareCourt of Appeals for the First Circuit · 1972
- Collins v. RichardsonDistrict Court, D. South Carolina · 1971
- Donahue v. WeinbergerDistrict Court, E.D. Pennsylvania · 1976
3Cited by1 opinion
- Stump v. MathewsDistrict Court, D. Delaware · 1977