ALJ Error Disability Benefits.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Consolidation Coal Company v. Director, Office of Workers Compensation Programs, et al.

Case No.: 18-2097

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: ALJ Error Disability Benefits

Ralph Ross worked as a coal miner for approximately thirty years. He smoked cigarettes for almost as long but was able to quit after his first heart attack. Ross continued to work as a coal miner even though he suffered another heart attack and had difficulty breathing at work. Approximately six years after Ross stopped working in the coal mines, his breathing problems became severe.

On January 19, 2012, Ross filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. At first, the administrative law judge ("ALJ") denied Ross's claim. Ross petitioned the United States Department of Labor's Benefits Review Board (the "Board") for review, and the Board vacated and remanded the ALJ's decision for further consideration. On remand, the...