Davis v. Califano

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is an action seeking review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff’s claim for black lung benefits pursuant to sections 411(a) and 412(a)(1) of the Federal Coal Mine Health & Safety Act of 1969, as amended. 30 U.S.C. §§ 921(a) and 922(a)(1). Review in this court is based upon the provisions of 30 U.S.C. § 923(b), which expressly incorporates § 205(g), (h) of the Social Security Act. 42 U.S.C. § 405(g), (h) (1976).

The sole issue is whether the final decision of the Secretary denying the…