Clemons v. Commissioner, Soc ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1247
PHILLIP A. CLEMONS,
Plaintiff - Appellant,
versus
COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Danville. Glen E. Conrad, Magistrate
Judge. (CA-02-4-4)
Submitted: June 24, 2003 Decided: July 21, 2003
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Phillip A. Clemons, Appellant Pro Se. James Anthony Winn,
Assistant Regional Counsel, Dina White Griffin, SOCIAL SECURITY
ADMINISTRATION, Philadelphia, Pennsylvania; Julie C. Dudley,
Assistant United States Attorney, Sara Bugbee Winn, OFFICE OF THE
UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Phillip A. Clemons seeks review of the magistrate judge's
order* affirming the Commissioner's denial of Social Security
disability insurance benefits to Clemons prior to August 10, 1997,
based on its finding that Clemons was not totally disabled until
that date. We review the Commissioner’s final decision to determine
whether it is supported by substantial evidence and whether the
correct law was applied. Pass v. Chater, 65 F.3d 1200, 1203 (4th
Cir. 1995). We have reviewed the record and conclude the
Commissioner’s decision is based upon substantial evidence.
Accordingly, we affirm on the reasoning of the magistrate judge.
See Clemons v. Commissioner of Social Security, No. CA-02-4-4 (W.D.
Va. Jan. 28, 2003). 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
*
The parties consented to review by a magistrate judge
pursuant to 28 U.S.C. § 636(c)(2) (2000).
2