UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-1907 JERRY L. DOWNEY, Plaintiff - Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Lynchburg. Norman K. Moon, District Judge. (CA-98-61) Submitted: December 22, 1999 Decided: February 4, 2000 Before WILKINS and LUTTIG, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Affirmed by unpublished per curiam opinion. John E. Lane, III, Lynch Station, Virginia, for Appellant. James A. Winn, Regional Chief Counsel, Allyson Jozwik, Assistant Regional Counsel, Office of the General Counsel, SOCIAL SECURITY ADMINIS- TRATION, Philadelphia, Pennsylvania; Robert P. Crouch, Jr., United States Attorney, Thomas L. Eckert, Assistant United States Attor- ney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Jerry L. Downey appeals the district court’s order affirming the Commissioner’s decision that Downey’s disability insurance benefits are subject to offset under 42 U.S.C.A. § 424a (West Supp. 1999). We have reviewed the briefs and the administrative record, and find that substantial evidence supports the Commissioner’s de- cision. Downey’s constitutional and equitable arguments are with- out merit. Accordingly, we affirm on the reasoning of the district court, adopting the magistrate judge’s recommendation. See Downey v. Apfel, No. CA-98-61 (W.D. Va. June 30, 1999). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2