Shuppe v. Commissioner of Social Security

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2145
KELLY F. SHUPPE,
Plaintiff – Appellant,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant – Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P.
Stamp, Jr., Senior District Judge. (5:07-cv-00057-FPS-JES)
Submitted: March 30, 2009 Decided: April 17, 2009
Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kelly F. Shuppe, Appellant Pro Se. Tara A. Czekaj, Assistant
Regional Counsel, Maija Pelly, SOCIAL SECURITY ADMINISTRATION,
Philadelphia, Pennsylvania, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kelly F. Shuppe appeals the district court’s order
adopting the recommendation of the magistrate judge to affirm
the Commissioner’s decision denying disability insurance
benefits. 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.A. § 405(g) (West 2006 & Supp.
2008); Craig v. Chater, 76 F.3d 585, 589 (4th Cir. 1996). We
have reviewed the record and the parties’ briefs and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Shuppe v. Commissioner, No. 5:07-cv-
00057-FPS-JES (N.D. W. Va. Sept. 18, 2008). 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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