Fink v. Barnhart, Comm

Filing 920070315

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1694

CURTIS B. FINK, SR., 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 North Carolina, at Asheville. Dennis L. Howell, Magistrate Judge. (1:04-cv-00266)

Submitted:

February 21, 2007

Decided:

March 15, 2007

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

V. Lamar Gudger, III, GUDGER & GUDGER, P.A., Asheville, North Carolina, for Appellant. Gretchen C. F. Shappert, United States Attorney, Sidney P. Alexander, Assistant United States Attorney, Rami M. Vanegas, Special Assistant United States Attorney, Robert J. Triba, Chief Regional Counsel, Boston, Massachusetts, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Curtis B. Fink, Sr., appeals the magistrate judge's order affirming the Commissioner's denial of disability insurance

benefits and supplemental security income.* 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. 1996). We have thoroughly reviewed the administrative record and Accordingly, we affirm for the reasons

find no reversible error.

stated by the magistrate judge. See Fink v. Barnhart, No. 1:04-cv00266 (W.D.N.C. filed Apr. 18, 2006; entered Apr. 19, 2006). We

dispense 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

The parties consented to jurisdiction of the magistrate judge. See 28 U.S.C. § 636(c) (2000). - 2 -

*