(DOWNLOAD) "Adams v. Secretary of Health & Human Services" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Adams v. Secretary of Health & Human Services
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Before: MERRITT and MARTIN, Circuit Judges; and BROWN, Senior Circuit Judge MERRITT, Circuit Judge. In this Part B case arising under the Black Lung Act, 30 U.S.C. 901, et seq., the main question presented on appeal is whether the Administrative Law Judge correctly determined that claimant was not entitled to the statutory presumption of disability under 30 U.S.C. 921(c)(4). The basic question concerns whether a claimant who is totally disabled may nonetheless be found not to trigger the 921(c)(4) presumption where, based on a combination of circumstances, the disability is determined not to have arisen from a respiratory or pulmonary impairment. Claimant filed an application for benefits which was denied initially by the Social Security Administration on November 16, 1970 and upon reconsideration on May 22, 1973. A hearing was subsequently held before an ALJ who by a decision of July 5, 1974 found that claimant was not entitled to black lung benefits. The Appeals Council upheld this decision on December 8, 1975.