Wright v. Barnhart, Comm

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-1978 LINDA M. WRIGHT, Plaintiff - Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. Glen M. Williams, Senior District Judge. (CA-02-62-2) Submitted: January 14, 2004 Decided: February 13, 2004 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Linda M. Wright, Appellant Pro Se. Mona M. Bennett, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania, Sara Bugbee Winn, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Linda M. Wright seeks review of the district court’s decision, adopting the magistrate judge’s recommendation, affirming the Commissioner’s denial of social security disability benefits pursuant to 20 C.F.R. § 404.1520(f) (2003). Our review of the record discloses that the Commissioner’s decision is based upon substantial evidence and is without reversible error. In addition, we decline to consider the new evidence that Wright submitted on appeal because it fails to meet the requirements set forth in Borders v. Heckler, 777 F.2d 954, 955 (4th Cir. 1985). Accordingly, we affirm the district court’s order. See Wright v. Barnhart, No. CA-02-62-2 (W.D. Va. July 29, 2003). We 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 - 2 -