William N. Stone v. Robert H. Finch, Secretary of Health, Education, and Welfare
Court of Appeals for the Fourth Circuit
1DissentSobeloff, Circuit Judge
There was evidence before the Examiner from which he might readily have concluded that the claimant, Stone, was disabled and entitled to the benefits of the Act. There was other evidence from which he could and did conclude the opposite. Ordinarily, courts must uphold the Examiner’s conclusion if it is supported by substantial evidence. 42 U.S.C.A. § 405(g). The underlying postulate is that the Examiner has weighed the evidence and made his judgment with an impartial mind.
The Examiner’s own opinion, however, leaves me with the distinct feeling that he approached this claim with a jaundiced…
2Cases cited2 opinions
- Bethlehem Steel Co. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1941
- Alabama Roofing & Metal Co., Inc. v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1964