McMahan v. Barnhart, Comm

Filing 920070118


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1695 REBECCA J. MCMAHAN, for A. C. M., Plaintiff - Appellant, versus JO ANNE B. BARNHART, Commissioner of Social Security Administration, 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-00216) Submitted: November 30, 2006 Decided: January 18, 2007 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.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, Charlotte, North Carolina, Sidney P. Alexander, Assistant United States Attorney, Asheville, North Carolina, Kavonne L. Mayeski, Special Assistant United States Attorney, SOCIAL SECURITY ADMINISTRATION, Boston, Massachusetts, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rebecca J. McMahan appeals the magistrate judge's order and judgment affirming the Commissioner's denial of supplemental disability insurance benefits for her minor son.* 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 F.3d 585, 589 (4th Cir. 1996). We have thoroughly reviewed the administrative record and Accordingly, we See the parties' briefs and find no reversible error. affirm for the reasons stated by the magistrate judge. McMahan v. Barnhart, No. 1:04-cv-00216 (W.D.N.C. Apr. 17, 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 the jurisdiction of the magistrate judge. See 28 U.S.C. 636(c) (2000). - 2 - *

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