Marshall v. Barnhardt

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 21, 2003
• Docket: 02-2415
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2415

JOAN E. MARSHALL,

Plaintiff - Appellant,

versus

JO ANNE B. BARNHARDT, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Charles B. Day, Magistrate Judge. (CA-01- 2211-DKC)

Submitted: May 12, 2003 Decided: May 21, 2003

Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Stephen F. Shea, Silver Spring, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, John W. Sippel, Jr., Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Joan E. Marshall seeks review of the magistrate judge's order*

affirming the Commissioner's denial of social security benefits.

We affirm. 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 Marshall v. Barnhardt, No. CA-01-2211-DKC (D. Md. filed Sept.

27, 2002; entered Sept. 30, 2002). 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).