Nicholas Jarek v. Carolyn Colvin
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cv-00620-FDW-DSC. Copies to all parties and the district court. [1000003423]. [16-1388]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1388
NICHOLAS JAREK,
Plaintiff – Appellant,
v.
CAROLYN
W.
COLVIN,
Administration,
Commissioner
of
Social
Security
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:14-cv-00620-FDW-DSC)
Submitted:
December 30, 2016
Decided:
January 13, 2017
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
J. Lynn Bishop, LYNN BISHOP, PA, Charlotte, North Carolina, for
Appellant. Jill Westmoreland Rose, United States Attorney,
Kathleen C. Buckner, Special Assistant United States Attorney,
Paul B. Taylor, Assistant United States Attorney, Asheville,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Nicholas Jarek appeals the district court’s order adopting
the
magistrate
Commissioner’s
judge’s
denial
of
recommendation
Jarek’s
and
applications
upholding
for
the
disability
benefits and supplemental security income.
Our review of the
Commissioner’s
evaluating
determination
is
limited
to
whether
the findings are supported by substantial evidence and whether
the correct law was applied.
See Mascio v. Colvin, 780 F.3d
632, 634 (4th Cir. 2015).
We
have
thoroughly
reviewed
the
parties’
briefs,
the
administrative record, and the joint appendix, and we discern no
reversible error.
judgment. *
Jarek v. Colvin, No. 3:14-cv-00620-FDW-DSC (W.D.N.C.
Feb. 16, 2016).
facts
and
Accordingly, we affirm the district court’s
legal
We dispense with oral argument because the
contentions
are
*
adequately
presented
in
the
We note that, while the treatment records and opinion
letter from Jarek’s pain management specialist may have related
to the relevant period considered by the ALJ, this evidence does
not warrant remand. Furthermore, we conclude that the evidence
submitted to the district court in support of a sentence six
remand under 42 U.S.C. § 405(g) (2012) either does not relate to
the relevant period or is not material.
See Meyer v. Astrue,
662 F.3d 700, 705 (4th Cir. 2011) (recognizing that evidence “is
material if there is a reasonable possibility that the new
evidence would have changed the outcome” (internal quotation
marks omitted)).
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
AFFIRMED
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