Milhoan v. Barnhart, Comm

Filing 920060628


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1659 WILLIAM MILHOAN, Plaintiff - Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CA-03-2051-2) Submitted: June 19, 2006 Decided: June 28, 2006 Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Kelly Lee Elswick-Hall, VENEZIA LAW OFFICES, LC, Charleston, West Virginia, for Appellant. James Anthony Winn, Assistant Regional Counsel, Michelle Dawn Scotese, Donna L. Calvert, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Kelly Rixner Curry, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: William Milhoan appeals the district court's order accepting the recommendation of the magistrate judge to affirm the Commissioner's denial of disability insurance benefits. We must uphold the decision to deny benefits if the decision is supported by substantial evidence and the correct law was applied. See 42 U.S.C. 405(g) (2000); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). We have thoroughly reviewed the administrative record and Accordingly, we affirm for the reasons See Milhoan v. Barnhart, No. CA-03We dispense with oral argument find no reversible error. stated by the district court. 2051-2 (S.D. W. Va. Mar. 30, 2005). because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED - 2 -

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