USCA4 Appeal: 23-1548 Doc: 22 Filed: 12/21/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1548

CAMERON RAYMON SIMMONS,

Plaintiff - Appellant,

v.

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Elizabeth W. Hanes, District Judge. (4:21-cv-00116-EWH-DEM)

Submitted: December 19, 2023 Decided: December 21, 2023

Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Daniel S. Jones, LAW OFFICES OF HARRY J. BINDER & CHARLES E. BINDER, P.C., New York, New York, for Appellant. Jessica D. Aber, United States Attorney, Richmond, Virginia, Lauren A. Wetzler, Chief, Civil Division, Alexandria, Virginia, Joel E. Wilson, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia; Brian C. O’Donnell, Associate General Counsel, David E. Somers, III, Office of Program Litigation, Office 3, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1548 Doc: 22 Filed: 12/21/2023 Pg: 2 of 3

PER CURIAM:

Cameron Raymon Simmons appeals the district court’s order adopting the

magistrate judge’s recommendation and upholding the administrative law judge’s (ALJ)

denial of Simmons’ application for disability insurance benefits. “In social security

proceedings, a court of appeals applies the same standard of review as does the district

court. That is, a reviewing court must uphold the determination when an ALJ has applied

correct legal standards and the ALJ’s factual findings are supported by substantial

evidence.” Brown v. Comm’r Soc. Sec. Admin.,

(4th Cir. 2017) (cleaned

up). “Substantial evidence is that which a reasonable mind might accept as adequate to

support a conclusion. It consists of more than a mere scintilla of evidence but may be less

than a preponderance.” Pearson v. Colvin,

(4th Cir. 2015) (cleaned up).

“In reviewing for substantial evidence, we do not undertake to reweigh conflicting

evidence, make credibility determinations, or substitute our judgment for that of the ALJ.

Where conflicting evidence allows reasonable minds to differ as to whether a claimant is

disabled, the responsibility for that decision falls on the ALJ.” Hancock v. Astrue,

(4th Cir. 2012) (cleaned up).

We have reviewed the record and discern no reversible error. We conclude that the

ALJ applied the correct legal standards in evaluating Simmons’ claims—particularly in

terms of analyzing the supportability and consistency of the proffered medical opinion

evidence, see

.1520c (2023)—and that the ALJ’s factual findings are

supported by substantial evidence, accord Bowers v. Kijakazi,

(8th Cir.

2022) (recognizing that, under § 404.1520c, an applicant’s “treating physicians are not

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entitled to special deference,” and reviewing ALJ’s analysis under this regulation for

substantial evidence). Finally, we agree with the district court that there was no basis for

remanding this matter to the ALJ because the opinion evidence Simmons proffered to the

Appeals Council was not “new” in that it was previously available, cumulative, and did not

show a reasonable probability of a different outcome. See Meyer v. Astrue,

(4th Cir. 2011) (providing that evidence first presented to the Appeals Council “is new

if it is not duplicative or cumulative and is material if there is a reasonable possibility that

the new evidence would have changed the outcome” (internal quotation marks omitted)).

Accordingly, we affirm the district court’s judgment upholding the ALJ’s decision.

Simmons v. Kijakazi, No. 4:21-cv-00116-EWH-DEM (E.D. Va. Mar. 31, 2023).

We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

AFFIRMED

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