Fink v. Barnhart, Comm ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-1694
    CURTIS B. FINK, SR.,
    Plaintiff - Appellant,
    versus
    JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL
    SECURITY,
    Defendant - Appellee.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.   Dennis L. Howell,
    Magistrate Judge. (1:04-cv-00266)
    Submitted:   February 21, 2007            Decided:   March 15, 2007
    Before TRAXLER, KING, and DUNCAN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    V. Lamar Gudger, III, GUDGER & GUDGER, P.A., Asheville, North
    Carolina, for Appellant. Gretchen C. F. Shappert, United States
    Attorney, Sidney P. Alexander, Assistant United States Attorney,
    Rami M. Vanegas, Special Assistant United States Attorney, Robert
    J. Triba, Chief Regional Counsel, Boston, Massachusetts, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Curtis B. Fink, Sr., appeals the magistrate judge’s order
    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 thoroughly reviewed the administrative record and
    find no reversible error.      Accordingly, we affirm for the reasons
    stated by the magistrate judge. See Fink v. Barnhart, No. 1:04-cv-
    00266 (W.D.N.C. filed Apr. 18, 2006; entered Apr. 19, 2006).                 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 jurisdiction of the magistrate
    judge. See 
    28 U.S.C. § 636
    (c) (2000).
    - 2 -
    

Document Info

Docket Number: 06-1694

Filed Date: 3/15/2007

Precedential Status: Non-Precedential

Modified Date: 4/18/2021