Marshburn v. Callahan ( 1999 )


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  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    JOANNE MARSHBURN,
    Plaintiff-Appellant,
    v.
    No. 99-1464
    JOHN J. CALLAHAN, Commissioner of
    Social Security,
    Defendant-Appellee.
    Appeal from the United States District Court
    for the District of Maryland, at Greenbelt.
    Charles B. Day, Magistrate Judge.
    (CA-97-503-PJM)
    Submitted: September 30, 1999
    Decided: November 18, 1999
    Before WILKINS, MICHAEL, and TRAXLER, Circuit Judges.
    _________________________________________________________________
    Affirmed by unpublished per curiam opinion.
    _________________________________________________________________
    COUNSEL
    Stephen F. Shea, WILLONER, CALABRESE & ROSEN, P.A., Col-
    lege Park, Maryland, for Appellant. James A. Winn, Regional Chief
    Counsel, Patricia M. Smith, Deputy Chief Counsel, David F. Cher-
    mol, Assistant Regional Counsel, Office of the General Counsel,
    SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylva-
    nia; Lynne A. Battaglia, United States Attorney, Allen F. Loucks,
    Assistant United States Attorney, Baltimore, Maryland, for Appellee.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Joanne Marshburn appeals from the magistrate judge's order grant-
    ing summary judgment to the Commissioner of Social Security on her
    claim for social security disability insurance benefits. The parties vol-
    untarily consented to the jurisdiction of the magistrate judge pursuant
    to 
    28 U.S.C.A. § 636
    (c) (West 1993 & Supp. 1999). We have
    reviewed the briefs, appendix, and administrative record and find no
    reversible error. Accordingly, we affirm.
    On appeal, Marshburn raises the following issues: (1) the magis-
    trate judge erred in his determination that substantial evidence sup-
    ported the Administrative Law Judge's ("ALJ") decision that she is
    capable of performing a full range of sedentary work; (2) the ALJ
    improperly ignored the opinion of her treating physician; (3) the ALJ
    failed to properly analyze her complaints of pain; and (4) the ALJ
    erroneously determined that she lacked credibility.
    Our review persuades us that the magistrate judge correctly found
    that the Commissioner's decision denying benefits was based on sub-
    stantial evidence. See Hays v. Sullivan, 
    907 F.2d 1453
    , 1456 (4th Cir.
    1990). We also find that the ALJ properly weighed the opinion of
    Marshburn's treating physician, see Craig v. Chater, 
    76 F.3d 585
    , 590
    (4th Cir. 1996), properly analyzed Marshburn's subjective complaints
    of pain, see 
    id. at 595
    , and made a proper credibility finding pursuant
    to 
    20 C.F.R. § 404.1529
     (1999). Accordingly, we affirm on the rea-
    soning of the magistrate judge. See Marshburn v. Callahan, No. CA
    97-503-PJM (D. Md. Feb. 12, 1999). 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
    

Document Info

Docket Number: 99-1464

Filed Date: 11/18/1999

Precedential Status: Non-Precedential

Modified Date: 10/30/2014