Curry v. Apfel, Commissioner

U.S. Court of Appeals for the Fourth Circuit

Curry v. Apfel, Commissioner

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2048

DANNY R. CURRY,

Plaintiff - Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant - Appellee.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-98-422-2)

Submitted: December 14, 1999 Decided: January 5, 2000

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William Stewart Thompson, COOK & COOK, Madison, West Virginia, for Appellant. James A. Winn, Regional Chief Counsel, Eda L. Giusti, Assistant Regional Counsel, Office of the Generaql Counsel, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Rebecca A. Betts, United States Attorney, Kelly R. Curry, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Danny R. Curry appeals the district court’s order affirming

the Commissioner’s decision to deny disability benefits. We have

reviewed the joint appendix, administrative record, and the dis-

trict court’s opinion accepting the recommendation of the magis-

trate judge and find no reversible error. Accordingly, we affirm

substantially on the reasoning of the district court. See Curry

v. Apfel, No. CA-98-422-2 (S.D.W. Va. July 1, 1999). In addition,

we note that it was not error to rely on the comparative qualifi-

cations of those who evaluated Curry’s I.Q. and give greater weight

to the opinions of medical personnel with superior credentials.

See Long v. Bowen,

866 F.2d 1066, 1067

(8th Cir. 1989). We dis-

pense 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

2

Reference

Status
Unpublished