Foster v. Barnhart

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 2, 2004
• Docket: 03-2322
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-2322

DAVID L. FOSTER,

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 Virginia, at Big Stone Gap. James P. Jones, District Judge. (CA-02-93-2)

Submitted: March 17, 2004 Decided: April 2, 2004

Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David L. Foster, Appellant Pro Se. Andrew Charles Lynch, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Julie C. Dudley, Assistant United States Attorney, Roanoke, Virginia, for Appellee

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

David L. Foster appeals the district court’s order

affirming the Commissioner’s denial of social security disability

and supplemental security income benefits. We have reviewed the

record and the district court’s opinion and find no reversible

error. We must uphold the Commissioner’s disability determination

if it is supported by substantial evidence. 42 U.S.C. § 405(g)

(2000); Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990).

Having thoroughly reviewed the administrative record, we agree with

the district court that substantial evidence supports the

Commissioner’s final decision denying disability benefits.

Accordingly, we affirm for the reasons stated by the district

court. Foster v. Barnhart, No. CA-02-93-2 (W.D. Va. Aug. 25,

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

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