[DOWNLOAD] "Sturgill v. Califano" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Sturgill v. Califano
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Order BEFORE: EDWARDS, Chief Circuit Judge, KENNEDY and JONES, Circuit Judges Plaintiff appeals from the district court's decision affirming the Secretary's denial of black lung benefits pursuant to 30 U.S.C. § 901 et seq. Plaintiff filed a protective application for benefits on January 15, 1970, and an application for benefits pursuant to black lung law on July 30, 1970. This application was denied initially on December 22, 1970 and again on January 17, 1972. When the Act was amended, the plaintiff's application was reviewed in June and September 1973 and denied again.After a hearing de novo, the Administrative Law Judge denied benefits. The Secretary adopted the findings of the Administrative Law Judge. The plaintiff sought review of the Secretary's decision in District Court for the Eastern District of Kentucky.This case was heard by the magistrate pursuant to 28 U.S.C. § 636(b). The magistrate reported and recommended to the district judge that the Secretary's decision be affirmed. Judge Hermansdorfer adopted the report and recommendation of the magistrate in an order dated April 13, 1978. From this order Plaintiff, substituted for her husband on his death, appeals. The Plaintiff was born in 1916. He worked in coal mines of Eastern Kentucky for about 36 years. He retired in 1968 when his employer stopped operations. He began receiving State Workmen's Compensation benefits for silicosis in November 1969. He was granted Social Security disability benefits because of coronary arteriosclerosis, angina pectoris, and coronary insufficiency.