UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JEAN DUNN,
Plaintiff-Appellant,
v.
No. 98-2467
KENNETH S. APFEL, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
Leonie M. Brinkema, District Judge.
(CA-97-2007)
Submitted: April 30, 1999
Decided: August 16, 1999
Before MURNAGHAN, WILKINS, and NIEMEYER,
Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
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COUNSEL
Stephen Domenic Scavuzzo, Vienna, Virginia, for Appellant. James
A. Winn, Chief Counsel, Patricia M. Smith, Deputy Chief Counsel,
Eric Kressman, Assistant Regional Counsel, Office of the General
Counsel, SOCIAL SECURITY ADMINISTRATION, Philadelphia,
Pennsylvania; Helen F. Fahey, United States Attorney, Leslie Bonner
McClendon, Assistant United States Attorney, Alexandria, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
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OPINION
PER CURIAM:
Jean Dunn appeals the district court's order upholding the denial
by the Commissioner of Social Security of Dunn's application for
social security disability insurance benefits and supplemental security
income. We affirm.
Dunn was born in 1942, has a high school equivalency degree, and
past work experience as the owner of a temporary employment firm.
She alleged disability commencing in July 1993 due to pain resulting
from an earlier operation. Three months after the alleged disability
onset date, Dunn underwent an operation to correct the condition
causing the pain. Post-surgical notes described excellent progress,
Dunn herself stated in August 1994 that she was able to work full-
time, she sought no medical treatment in 1995 or 1996 for pain, she
engaged in a wide variety of daily activities, and she took only mild
painkillers as needed.
Following an administrative hearing on her claim for benefits, the
ALJ found that Dunn's pain was not as severe as claimed and that she
was able to perform her past work. The Appeals Council affirmed the
denial of benefits, and Dunn filed suit in the district court. The district
court upheld the denial of benefits. Dunn appeals, claiming that the
ALJ improperly discredited her complaint of disabling pain.
This court must determine whether the Commissioner's findings
are supported by substantial evidence, see Richardson v. Perales, 402
U.S. 389, 401 (1971), and whether the correct law was applied, see
Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990). Substantial
evidence is that evidence which a "reasonable mind might accept as
adequate to support a conclusion." Perales , 402 U.S. at 401 (internal
quotations omitted).
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We have reviewed record, briefs, and pertinent case law and find
no reversible error. Accordingly, we affirm on the reasoning of the
district court. See Dunn v. Apfel, No. CA-97-2007-A (E.D. Va. Sept.
10, 1998).* 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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*Although the district court's judgment is marked as"filed" on Sep-
tember 3, 1998, the district court's records show that it was entered on
the docket sheet on September 10, 1998. Pursuant to Rules 58 and 79(a)
of the Federal Rules of Civil Procedure, it is the date that the judgment
or order was entered on the docket sheet that we take as the effective date
of the district court's decision. See Wilson v. Murray, 806 F.2d 1232,
1234-35 (4th Cir. 1986).
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