UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-2359
DONALD SMITH,
Plaintiff - Appellant,
versus
JO ANNE B. BARNHART, Commissioner of Social
Security,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Robert E. Maxwell,
Senior District Judge. (CA-04-54-2-REM)
Submitted: April 24, 2006 Decided: May 16, 2006
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Donald Smith, Appellant Pro Se. Robert Drum, SOCIAL SECURITY
ADMINISTRATION, Philadelphia, Pennsylvania; Helen Campbell
Altmeyer, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Donald A. Smith appeals the district court’s order
adopting the report and recommendation of the magistrate judge,
granting summary judgment to the Commissioner, and thus affirming
the Commissioner’s denial of disability insurance benefits and
supplemental security income. 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
reviewed the record and find no reversible error. Accordingly, we
affirm on the reasoning of the district court. See Smith v.
Barnhart, No. CA-04-54-2-REM (N.D. W. Va. Sept. 30, 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
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