Summary
holding that substantial evidence supported the ALJ's selection of "the date of a consultative examination" as the claimant's onset date where "the medical record presented clear evidence documenting the progression of [the claimant's] condition," and the examination "marked the first time a physician opined that [the claimant] had such limitations as to ultimately render him disabled"
Summary of this case from Murphy v. BerryhillOpinion
No. 10-1639.
Submitted: February 10, 2011.
Decided: March 3, 2011.
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:09-cv-00590-RLW).
Charles Henry Cuthbert, Jr., Cuthbert Law Offices, Petersburg, Virginia, for Appellant. Eric Kressman, Regional Chief Counsel, Brian O'Donnell, Supervisory Attorney, Jillian Kipp, Assistant Regional Counsel, Social Security Administration, Philadelphia, Pennsylvania; Neil H. Mac-Bride, United States Attorney, Robin Perrin Meier, Assistant United States Attorney, Richmond, Virginia, for Appellee.
Before WILKINSON, NIEMEYER, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Therman Jones appeals the district court's order affirming the Commissioner's decision to deny Jones a period of disability and disability insurance benefits. We must uphold the decision to deny benefits if the decision is supported by substantial evidence and the correct law was applied. See 42 U.S.C. § 405(g) (2006); Johnson v. Barnhart, 434 F.3d 650, 653 (4th Cir. 2005) (per curiam). We have thoroughly reviewed the parties' briefs, administrative record, and the materials submitted in the joint appendix, and find no reversible error. Accordingly, we affirm. See Jones v. Comm'r of Soc. Sec, No. 3:09-cv-00590-RLW, 2010 WL 2306151 (E.D. Va. June 3, 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.