Robert Whitmore, III v. Commissioner of the Social Security Administration

U.S. Court of Appeals for the Fourth Circuit

Robert Whitmore, III v. Commissioner of the Social Security Administration

Opinion

USCA4 Appeal: 24-1629 Doc: 11 Filed: 11/21/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1629

ROBERT WHITMORE, III,

Plaintiff - Appellant,

v.

COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Thomas E. Rogers, III, Magistrate Judge. (4:23-cv-07032-TER)

Submitted: November 19, 2024 Decided: November 21, 2024

Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Whitmore, III, Appellant Pro Se. David Leach, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1629 Doc: 11 Filed: 11/21/2024 Pg: 2 of 2

PER CURIAM:

Robert Whitmore, III, appeals the magistrate judge’s order granting the

Commissioner’s motion to dismiss as untimely Whitmore’s complaint challenging the

denial of his applications for disability insurance benefits and supplemental security

income. We have reviewed the record and find no reversible error. See Irwin v. Dep’t of

Veterans Affs.,

498 U.S. 89, 96

(1990) (discussing limited availability of equitable tolling);

Kuusk v. Holder,

732 F.3d 302, 305

(4th Cir. 2013) (same). Accordingly, we affirm the

magistrate judge’s order. Whitmore v. Comm’r of the Soc. Sec. Admin., No. 4:23-cv-

07032-TER (D.S.C. June 24, 2024). 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

2

Reference

Status
Unpublished