Stephens v. Barnhart

Filing 920061002


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1056 EDMOND D. STEPHENS, Plaintiff - Appellant, versus JO ANNE B. BARNHART, Commissioner of Social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 Huntington. Robert C. Chambers, District Judge. (CA-04-575-3) Submitted: May 24, 2006 Decided: October 2, 2006 Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. J. T. Meisel, Huntington, West Virginia, for Appellant. Donna L. Calvert, Regional Chief Counsel, William B. Reeser, Supervisory Regional Counsel, Stephen T. Giacchino, Assistant Regional Counsel, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Charles T. Miller, Acting United States Attorney, Fred B. Westfall, Jr., 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 Unpublished opinions are not binding precedent in this circuit.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: Edmond D. Stephens appeals the district court's order accepting the recommendation of the magistrate judge and granting the Commissioner's the motion for judgment order on the pleadings and affirming benefits. error. Commissioner's denying Social Security We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the district court. See Stephens v. Barnhart, No. CA-04-575-3 (S.D. W. Va. Sept. 28, 2005). facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. AFFIRMED - 2 -

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