Hagerman v. Barnhart

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 27, 2004
• Docket: 03-2355
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-2355

STEPHANIE HAGERMAN,

Plaintiff - Appellant,

versus

JO ANNE B. BARNHART, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. R. Clarke VanDervort, Magistrate Judge. (CA-02-956-1)

Submitted: April 7, 2004 Decided: April 27, 2004

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephanie Hagerman, Appellant Pro Se. Teri Christine Smith, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Stephanie Hagerman seeks review of the magistrate

judge’s* order affirming the Commissioner’s denial of Social

Security Supplemental Income (“SSI”) benefits pursuant to 20 C.F.R.

§ 416.920(f) (2003). Our review of the record discloses that the

Commissioner’s decision is based upon substantial evidence and is

without reversible error. In addition, we note that new evidence

submitted on appeal need not be considered because it fails to meet

the requirements set forth in Borders v. Heckler, 777 F.2d 954, 955

(4th Cir. 1985). Accordingly, we affirm the magistrate judge’s

order. Hagerman v. Barnhart, No. CA-02-956-1 (S.D.W. Va. Sept. 5,

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 proceed before a magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).

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