Stephens v. Barnhart

Filing 920061002

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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