Dolan v. Barnhart, Comm

Filing 920070109


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1212 ELIJAH DOLAN, Plaintiff - Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL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. Joseph Robert Goodwin, District Judge. (2:03-0208) Submitted: November 27, 2006 Decided: January 9, 2007 Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Roger D. Forman, FORMAN & HUBER, L.C., Charleston, West Virginia, for Appellant. Donna L. Calvert, Regional Chief Counsel, William B. Reeser, Supervisory Regional Counsel, Joyce M. J. Gordon, Assistant Regional Counsel, Philadelphia, Pennsylvania; Charles T. Miller, Acting United States Attorney, Carol A. Casto, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Elijah Dolan appeals the district court's order adopting the magistrate judge's report and affirming the Commissioner's denial of disability insurance benefits. decision to deny benefits if the We must uphold the is supported by decision 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. 1986). We have thoroughly reviewed the administrative record and Accordingly, we See Dolan v. We dispense the parties' briefs and find no reversible error. affirm for the reasons stated by the district court. Barnhart, No. 2:03-0208 (S.D. W. Va. Jan. 5, 2005). with oral argument 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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