Short v. Barnhart, Comm

Filing 920060831


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1106 LARRY R. SHORT, Plaintiff - Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. Glen M. Williams, Senior District Judge. (1:04-cv-00132-gmw) Submitted: August 18, 2006 Decided: August 31, 2006 Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Joseph E. Wolfe, Norton, Virginia, for Appellant. Donna L. Calvert, Regional Chief Counsel, Nora R. Koch, Supervisory Regional Counsel, Kathleen Hogan, Assistant Regional Counsel, Philadelphia, Pennsylvania; John L. Brownlee, Acting United States Attorney, Sara Bugbee Winn, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Larry affirming benefits. the R. Short appeals the district of court's order Commissioner's denial disability insurance 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 We have thoroughly reviewed the parties' briefs and find no F.3d 585, 589 (4th Cir. 1986). administrative record and the reversible error. Accordingly, we affirm for the reasons stated by the district court. See Short v. Barnhart, No. 1:04-cv-00132-gmw We dispense with oral argument because (W.D. Va. Nov. 10, 2005). 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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