Lowery v. Barnhart

Filing 920070914

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-2192

JAMES V. LOWERY, Plaintiff - Appellant, versus JO ANNE B. BARNHART, Commissioner of Social Security Administration, Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Beth P. Gesner, Magistrate Judge. (1:05cv-03424-BPG)

Submitted:

August 29, 2007

Decided:

September 14, 2007

Before MOTZ and KING, Circuit Judges, and WILKINS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jeffrey R. Scholnick, HOOD & SCHOLNICK, P.A., Towson, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Allen F. Loucks, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James V. Lowery appeals the magistrate judge's order affirming benefits.* the Commissioner's denial of 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

F.3d 585, 589 (4th Cir. 1996).

materials submitted in the joint appendix and the parties' briefs and find no reversible error. Accordingly, we affirm. See Lowery We

v. Barnhart, No. 1:05-cv-03424-BPG (D. Md. Sept. 11, 2006).

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 under 28 U.S.C. § 636(c) (2000). - 2 -

*