Smalls v. Barnhart, Comm

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-2520 PATRICIA A. SMALLS, Plaintiff - Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (CA-03-1573-4-27BH) Submitted: June 30, 2005 Decided: July 28, 2005 Before LUTTIG, TRAXLER, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. John S. Nichols, BLUESTEIN & NICHOLS, LLC, Columbia, South Carolina, for Appellant. Frank W. Hunger, Assistant Attorney General, Jonathan S. Gasser, Acting United States Attorney, Marvin J. Caughman, Assistant United States Attorney, Deana R. Ertl- Lombardi, Regional Chief Counsel, William T. Dawson, Assistant Regional Counsel, Denver, Colorado, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Patricia A. Smalls appeals the district court’s order accepting the magistrate judge’s recommendation to affirm the Commissioner’s denial of disability insurance benefits. We must uphold the decision to deny benefits if the decision is supported by substantial evidence and the correct law was applied. See 42 U.S.C. § 405(g) (2000); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). We have thoroughly reviewed the materials submitted in the joint appendix, the parties’ briefs, and the district court’s order, and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Smalls v. Barnhart, No. CA-03-1573-4-27BH (D.S.C. filed Sept. 27, 2004 & entered Sept. 28, 2004). 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 -