UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1093
CARTER M. BURKE,
Plaintiff - Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-02-319-2)
Submitted: May 28, 2004 Decided: July 1, 2004
Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Carter M. Burke, Appellant Pro Se. Susan Lynn Watt, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Carter M. Burke seeks review of the district court’s
order accepting the magistrate judge’s recommendation to affirm the
administrative law judge’s denial of disability benefits based on
Burke’s lack of sufficient quarters of coverage at the time of
disability for DIB purposes. Our review of the record discloses
that the Commissioner’s decision is based upon substantial evidence
and is without reversible error. In addition, we note that Burke’s
argument that he obtained sufficient quarters of coverage based on
his military service was waived on appeal because he did not note
specific objections to the magistrate judge’s finding that his date
last insured for DIB purposes was March 31, 1991. See Fed. R. Civ.
P. 72(b); Thomas v. Arn, 474 U.S. 140, 155 (1985). Accordingly, we
affirm the district court’s order. See Burke v. Commissioner, Soc.
Sec., No. CA-02-319-2 (E.D. Va. Dec. 22, 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
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