Filed: Aug. 30, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1376 TAMMY A. MARTINEZ, Plaintiff - Appellant, v. ANDREW SAUL, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:17-cv-00186-MOC) Submitted: August 20, 2019 Decided: August 30, 2019 Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublish
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1376 TAMMY A. MARTINEZ, Plaintiff - Appellant, v. ANDREW SAUL, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:17-cv-00186-MOC) Submitted: August 20, 2019 Decided: August 30, 2019 Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublishe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1376
TAMMY A. MARTINEZ,
Plaintiff - Appellant,
v.
ANDREW SAUL, Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Max O. Cogburn, Jr., District Judge. (3:17-cv-00186-MOC)
Submitted: August 20, 2019 Decided: August 30, 2019
Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Dana W. Duncan, DUNCAN DISABILITY LAW, S.C., Nekoosa, Wisconsin, for
Appellant. R. Andrew Murray, United States Attorney, Gill Beck, Assistant United States
Attorney, David Mervis, Special Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tammy A. Martinez appeals the district court’s order upholding the Administrative
Law Judge’s (ALJ) denial of Martinez’s applications for disability insurance benefits and
supplemental security income. “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.,
873 F.3d 251, 267 (4th Cir. 2017) (citation and internal quotation marks omitted).
“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,
810 F.3d 204, 207 (4th Cir. 2015) (citation and
internal quotation marks omitted). “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,
667 F.3d 470, 472 (4th Cir. 2012) (brackets, citation, and
internal quotation marks omitted).
We have reviewed the record and perceive no reversible error. The ALJ applied the
correct legal standards in evaluating Martinez’s claims for benefits, and the ALJ’s factual
findings are supported by substantial evidence. Accordingly, we affirm the district court’s
judgment upholding the denial of benefits. See Martinez v. Berryhill, No. 3:17-cv-00186-
MOC (W.D.N.C. Feb. 5, 2018). We dispense with oral argument because the facts and
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legal contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
AFFIRMED
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