Yohe v. Commissioner of Social Security

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1448

PENNY K. YOHE,

Plaintiff - Appellant,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant - Appellee,

and

SOCIAL SECURITY ADMINISTRATION,

Party-in-Interest.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:09-cv-00075-FPS-JES)

Submitted: February 23, 2011 Decided: March 14, 2011

Before WILKINSON, DUNCAN, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Timothy F. Cogan, CASSIDY MYERS COGAN & VOEGELIN, L.C., Wheeling, West Virginia, for Appellant. Eric Kressman, Regional Chief Counsel, Maija Pelly, Acting Supervisory Attorney, Philadelphia, Pennsylvania; Betsy C. Jividen, United States Attorney, Helen Campbell Altmeyer, Assistant United States Attorney, Nicole A. Schmid, Special Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Penny K. Yohe appeals the district court’s order

accepting the recommendation of the magistrate judge, granting

the Commissioner’s motion for summary judgment and affirming the

decision of the Commissioner to deny Yohe supplemental security

income benefits. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Yohe v. Comm’r of Soc. Sec., No. 5:09-

cv-00075-FPS-JES (N.D. W. Va. Apr. 6, 2010). 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