John Henry HOUSTON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee

JERRY E. SMITH, Circuit Judge:

Claiming disability because of a lung disease (silicotuberculosis), John Henry Houston sought social security benefits, which were denied by an administrative law judge (AU). On review of the AU’s decision, the Appeals Council then remanded the ease to the AU, who again denied benefits. The Appeals Council then confirmed the AU’s decision. On review, the district court accepted the determination of the Appeals Council and granted summary judg ment in favor of the Secretary. Finding that the Appeals Council’s initial remand was proper and that the AU’s second…