Holder v. Apfel, Commissioner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1496 ELLEN S. HOLDER, Plaintiff - Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL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. Deborah K. Chasanow, District Judge. (CA- 97-1749-DKC) Submitted: December 15, 1998 Decided: March 5, 1999 Before WIDENER, ERVIN, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Ellen S. Holder, Appellant Pro Se. Mona M. Bennett, SOCIAL SECU- RITY ADMINISTRATION, Philadelphia, Pennsylvania, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ellen Holder pursued a claim for disability insurance benefits under the Social Security Act, alleging disability due to back, head, and neck injuries. An administrative law judge (ALJ) deter- mined that Holder retained the capacity to perform her past rele- vant work and therefore was not disabled. The Appeals Council upheld the ALJ’s decision, which became the final decision of the Commissioner of Social Security (Commissioner). Holder then filed this action. The parties consented to the jurisdiction of a magistrate judge, see 28 U.S.C. § 636(c)(1) (1994). The magistrate judge found that substantial evidence sup- ported the Commissioner’s decision and granted summary judgment to the Commissioner. Holder appeals. We review the denial of disability insurance benefits to de- termine whether the Commissioner applied the correct legal stan- dards and whether substantial evidence supports his findings. See Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). Having care- fully considered the record under this standard, we affirm on the reasoning of the magistrate judge. See Holder v. Apfel, No. CA-97- 1749-DKC (D. Md. Feb. 2, 1998).* We dispense with oral argument * Holder has submitted to this court evidence that was not before the Commissioner or the magistrate judge. We decline to consider this evidence. Further, we note that remand to the Com- missioner for consideration of the evidence is not warranted. See 42 U.S.C. § 405(g) (1994); Wilkins v. Secretary, 953 F.2d 93, 96 (4th Cir. 1991); Borders v. Heckler, 777 F.2d 954, 955 (4th Cir. 1985). 2 because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the deci- sional process. AFFIRMED 3