RAPIER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 85-6115.

808 F.2d 456 (1986)

Elizabeth RAPIER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 30, 1986.


Attorney(s) appearing for the Case

Louis DeFalaise, Lexington, Ky., John S. Osborn, Asst. U.S. Atty. (argued), for defendant-appellee.

Sandra L. Mayes (argued), Appalachian Research and Defense Fund of Kentucky, Barbourville, Ky., for plaintiff-appellant.

Before KEITH and KENNEDY, Circuit Judges, and CONTIE, Senior Circuit Judge.


PER CURIAM.

On February 16, 1971, appellant filed an application for survivor's black lung benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969 as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901 (1982). The Social Security Administration denied the application. An Administrative Law Judge ("ALJ") next considered the case de novo and on May 24, 1974, found appellant not to be entitled to benefits. The Appeals Council...

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