Mike Elkins v. Secretary of Health and Human Services

Mike Elkins, a 67-year-old former coal miner, appeals from the judgment of the district court granting the motion of the Secretary of Health and Human Services for summary judgment and dismissing Elkins’ claims for black lung disability benefits under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 921 et seq., and denying attorney fees. We affirm.

I

On September 15, 1972, Elkins filed an application for black lung benefits alleging disability due to pneumoconiosis. The Social Security Administration denied this application initially and upon…