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HAMRICK v. SCHWEIKER

No. 81-1539.

679 F.2d 1078 (1982)

Arden HAMRICK, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1982.

Attorney(s) appearing for the Case

Joseph S. Friedman, Social Security Division, Dept. of Health and Human Services, Baltimore, Md. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Wayne A. Rich, Jr., U. S. Atty., Marye L. Wright, Asst. U. S. Atty., Charleston, W. Va., on brief), for appellant.

Franklin W. Kern, Charleston, W. Va. (Hazel A. Straub, Charleston, W. Va., on brief) for appellee.

Before WINTER, Chief Judge, and PHILLIPS and SPROUSE, Circuit Judges.

PER CURIAM:

The question presented by this appeal is whether substantial evidence supports the Secretary's determination that the claimant was not totally disabled by pneumoconiosis on or before June 30, 1973. We hold that substantial evidence does support this determination and that the district court's contrary judgment must be reversed.

I.

Arden Hamrick applied for benefits under the Federal Coal Mine Health and Safety Act1<...

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