Kelly Shuppe v. Commissioner of Social Securit

Filing 920090417

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2145 KELLY F. SHUPPE, Plaintiff Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00057-FPS-JES) Submitted: March 30, 2009 Decided: April 17, 2009 Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Kelly F. Shuppe, Appellant Pro Se. Tara A. Czekaj, Assistant Regional Counsel, Maija Pelly, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kelly F. Shuppe appeals the district court's order adopting the recommendation of the magistrate judge to affirm the Commissioner's decision denying disability insurance benefits. 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.A. 405(g) (West 2006 & Supp. We 2008); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). have reviewed the record and the parties' briefs and find no reversible error. Accordingly, we affirm for the reasons stated Shuppe v. Commissioner, No. 5:07-cvWe dispense with contentions the court are and by the district court. 00057-FPS-JES (N.D. W. Va. Sept. 18, 2008). oral argument because in the the facts and legal adequately presented materials before argument would not aid the decisional process. AFFIRMED 2

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