U.S. Court of Appeals for the Fourth Circuit, 2004

Burke v. Commissioner of Social Security

Burke v. Commissioner of Social Security
U.S. Court of Appeals for the Fourth Circuit · Decided July 1, 2004 · Gregory, Shedd, Hamilton
101 F. App'x 913

Burke v. Commissioner of Social Security

Opinion

PER CURIAM.

Carter M. Burke seeks review of the district court’s order accepting the magistrate judge’s recommendation to affirm the administrative law judge’s denial of disability benefits based on Burke’s lack of sufficient quarters of coverage at the time of disability for DIB purposes. 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 Burke’s argument that he obtained sufficient quarters of coverage based on his military service was waived on appeal because he did not note specific objections to the magistrate judge’s finding that his date last insured for DIB purposes was March 31, 1991. See Fed.R.Civ.P. 72(b); Thomas v. Arn, 474 U.S. 140, 155, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Accordingly, we affirm the district court’s order. See Burke v. Commissioner, Soc. Sec., No. CA-02-319-2 (E.D.Va. Dec. 22, 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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