Downing v. Weinberger

MEMORANDUM

NOLAND, District Judge.

Plaintiff seeks review of a final decision of the Secretary of Health, Education and Welfare, made after a hearing to which she was a party, denying her widow’s black lung benefits under Title IV of the Federal Coal Mine Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901 et seq., hereinafter referred to as the Act. The action is timely and pursuant to 42 U.S.C. § 405(g) and 30 U.S.C. § 923(b) is properly before the Court.

The plaintiff, Esmer Downing, is the widow of Henry Elvin Downing. Mr. Downing died in 1958 at the age of…