James v. Commissioner of Economic Security

Believing that the decision of the Commissioner should be reversed and remanded, I respectfully dissent.

Our review of the Commissioner’s decision involves a dual standard. We must defer to the special knowledge of the Commissioner and avoid substituting our judgment for his. But, we must closely scrutinize his decision and intervene when he has failed to give “reasoned consideration to all material facts and issues.” Greater Boston Television Corporation v. F.C.C., 444 F.2d 841, 851 (D.C.Cir.1970), certiorari denied, 403 U.S. 923, 91 S.Ct. 2229, 29 L.Ed.2d 701 (1971).1 See Reserve Mining Co.,…