Murphy v. Apfel, Commissioner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-2644 JOHN H. MURPHY, Plaintiff - Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. James K. Bredar, Magistrate Judge. (CA- 99-471-AW) Submitted: June 13, 2000 Decided: July 25, 2000 Before WIDENER, WILKINS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Stephen F. Shea, WILLONER, CALABRESE & ROSEN, P.A., College Park, Maryland, for Appellant. Lynne A. Battaglia, United States Attor- ney, Allen F. Loucks, Assistant United States Attorney, Arthur J. Fried, General Counsel, Charlotte J. Hardnett, Principal Deputy General Counsel, James A. Winn, Associate General Counsel, Char- lotte M. Connery-Aujla, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: John H. Murphy appeals the magistrate judge’s order denying Murphy’s motion for summary judgment, granting the Commissioner’s motion for summary judgment, and upholding the Commissioner’s de- nial of Murphy’s application for disability insurance benefits and supplemental security income.* On appeal, Murphy contends that the administrative law judge erred in relying on the testimony of a vocational expert as to the types of work Murphy could perform. We have reviewed the briefs and the administrative record and find that substantial evidence supports the Commissioner’s decision de- nying benefits. See 42 U.S.C.A. § 405(g) (West Supp. 2000); Coff- man v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987). Accordingly, we affirm on the reasoning of the magistrate judge. See Murphy v. Apfel, No. CA-99-471-AW (D. Md. Oct. 8, 1999). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED * The parties consented to jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (1994). 2