Terry Regan v. Carolyn Colvin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:12-cv-00136-D. Copies to all parties and the district court/agency. [999399988]. [13-2251]

Download PDF
Appeal: 13-2251 Doc: 29 Filed: 07/22/2014 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2251 TERRY REGAN, Plaintiff - Appellant, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant – Appellee, and MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever, III, Chief District Judge. (7:12-cv-00136-D) Submitted: June 26, 2014 Before WYNN and Circuit Judge. DIAZ, Decided: Circuit Judges, and July 22, 2014 HAMILTON, Senior Affirmed by unpublished per curiam opinion. William Lee Davis, III, Lumberton, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, R. A. Renfer, Jr., Assistant United States Attorney, Todd J. Lewellen, Special Assistant United States Attorney, Raleigh, North Appeal: 13-2251 Doc: 29 Filed: 07/22/2014 Pg: 2 of 4 Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 13-2251 Doc: 29 Filed: 07/22/2014 Pg: 3 of 4 PER CURIAM: Terry adopting the supported Regan appeals magistrate by Administration the judge’s substantial Appeals district court’s recommendation evidence, Council’s the to affirm, Social decision order to as Security adopt the Administrative Law Judge’s denial of Regan’s applications for disability benefits. Our review of the Commissioner’s disability determination is limited to evaluating whether the findings are supported by substantial evidence and whether the correct law was applied. 653 (4th Cir. 2005). evidence as a See Johnson v. Barnhart, 434 F.3d 650, “Substantial evidence is such relevant reasonable support a conclusion.” mind might accept as adequate to Id. (internal quotation marks omitted). We do not reweigh evidence or make credibility determinations in evaluating whether a decision is supported by substantial evidence; “[w]here conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled,” we defer to the Commissioner’s decision. Id. (internal quotation marks omitted). Against the parties’ this briefs, framework, the we have administrative thoroughly record, reviewed and the materials submitted in the joint appendix, and we discern no reversible error. judgment. Accordingly, we affirm the district court’s See Regan v. Colvin, No. 7:12–cv–00136–D (E.D.N.C. 3 Appeal: 13-2251 Doc: 29 Filed: 07/22/2014 Sept. 17, 2013). facts and materials legal before Pg: 4 of 4 We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?