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  • Terry Regan v. Carolyn Colvin, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order adopting the magistrate judge's recommendation to affirm the Social Security Administration Appeals Council's decision to deny Terry Regan's applications for disability benefits. The Court of Appeals found that the Commissioner's disability determination was supported by substantial evidence and applied the correct law. The Court deferred to the Commissioner's decision because the conflicting evidence allowed for reasonable minds to differ on whether Regan was disabled. As such, the Court affirmed the district court's judgment.

    Original Description:

    Filed: 2014-07-22 Precedential Status: Non-Precedential Docket: 13-2251

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order adopting the magistrate judge's recommendation to affirm the Social Security Administration Appeals Council's decision to deny Terry Regan's applications for disability benefits. The Court of Appeals found that the Commissioner's disability determination was supported by substantial evidence and applied the correct law. The Court deferred to the Commissioner's decision because the conflicting evidence allowed for reasonable minds to differ on whether Regan was disabled. As such, the Court affirmed the district court's judgment.

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    Public Domain
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    4 views4 pages

    Terry Regan v. Carolyn Colvin, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order adopting the magistrate judge's recommendation to affirm the Social Security Administration Appeals Council's decision to deny Terry Regan's applications for disability benefits. The Court of Appeals found that the Commissioner's disability determination was supported by substantial evidence and applied the correct law. The Court deferred to the Commissioner's decision because the conflicting evidence allowed for reasonable minds to differ on whether Regan was disabled. As such, the Court affirmed the district court's judgment.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-2251

    TERRY REGAN,
    Plaintiff - Appellant,
    v.
    CAROLYN W. COLVIN, Acting Commissioner of Social Security,
    Defendant Appellee,
    and
    MICHAEL J. ASTRUE, Commissioner of Social Security,
    Defendant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Dever, III,
    Chief District Judge. (7:12-cv-00136-D)

    Submitted:

    June 26, 2014

    Before WYNN and


    Circuit Judge.

    DIAZ,

    Decided:

    Circuit

    Judges,

    and

    July 22, 2014

    HAMILTON,

    Senior

    Affirmed by unpublished per curiam opinion.

    William
    Lee
    Davis,
    III,
    Lumberton,
    North
    Carolina,
    for
    Appellant.
    Thomas G. Walker, United States Attorney, R. A.
    Renfer, Jr., Assistant United States Attorney, Todd J. Lewellen,
    Special
    Assistant
    United
    States
    Attorney,
    Raleigh,
    North

    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Terry
    adopting

    the

    supported

    Regan

    appeals

    magistrate

    by

    Administration

    the

    judges

    substantial
    Appeals

    district

    courts

    recommendation

    evidence,

    Councils

    the

    to

    affirm,

    Social

    decision

    order

    to

    as

    Security
    adopt

    the

    Administrative Law Judges denial of Regans applications for


    disability

    benefits.

    Our

    review

    of

    the

    Commissioners

    disability determination is limited to evaluating whether the


    findings are supported by substantial evidence and whether the
    correct law was applied.
    653 (4th Cir. 2005).
    evidence

    as

    See Johnson v. Barnhart, 434 F.3d 650,


    Substantial evidence is such relevant

    reasonable

    support a conclusion.

    mind

    might

    accept

    as

    adequate

    to

    Id. (internal quotation marks omitted).

    We do not reweigh evidence or make credibility determinations in


    evaluating

    whether

    decision

    is

    supported

    by

    substantial

    evidence; [w]here conflicting evidence allows reasonable minds


    to differ as to whether a claimant is disabled, we defer to the
    Commissioners

    decision.

    Id.

    (internal

    quotation

    marks

    omitted).
    Against
    the

    parties

    this

    briefs,

    framework,
    the

    we

    have

    administrative

    thoroughly
    record,

    reviewed
    and

    the

    materials submitted in the joint appendix, and we discern no


    reversible error.
    judgment.

    Accordingly, we affirm the district courts

    See Regan v. Colvin, No. 7:12cv00136D (E.D.N.C.


    3

    Sept. 17, 2013).


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the


    contentions

    are

    adequately

    this

    and

    argument

    court

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    AFFIRMED

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