FOR THE FOURTH CIRCUIT MINNIE R. JOHNSON, Plaintiff-Appellant, v. No. 99-2431 KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Patrick Michael Duffy, District Judge. (CA-98-1604-5-23) Submitted: March 31, 2000 Decided: April 21, 2000 Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Steven Michael Calcutt, Florence, South Carolina, for Appellant. Frank W. Hunger, Assistant Attorney General, J. Rene Josey, United States Attorney, John Berkley Grimball, Assistant United States Attorney, Deana R. Ertl-Lombardi, Chief Counsel, Teresa H. Abbot, Assistant Regional Counsel, SOCIAL SECURITY ADMINISTRATION, Denver, Colorado, for Appellee. _________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Minnie R. Johnson appeals from the district court's order upholding the denial of social security disability insurance benefits. We affirm. Johnson suffers primarily from an injured back and related sciatica. After a hearing on her application for benefits, an administrative law judge ("ALJ") found that Johnson was impaired as a result of her disorders but that she was nonetheless capable of performing a full range of sedentary work. Based on this finding, the ALJ concluded that she was not eligible for disability insurance benefits. The Appeals Council upheld this determination, which became the final decision of the Commissioner. Johnson sought review of this decision in the district court, which granted summary judgment to the Commissioner. Johnson now appeals. We find the arguments raised on appeal to be without merit. First, Johnson does not satisfy all the criteria set forth at 20 C.F.R. Part 404, Subpart P, 1.05(c) (1999), and therefore was properly found not to be disabled at the third step of the sequential evaluation process. Second, substantial evidence supports the ALJ's finding that Johnson had no nonexertional impairments that would prevent performance of a full range of sedentary work. Accordingly, the testimony of a vocational expert was not needed, and the ALJ properly relied on the grids, which directed a finding of not disabled. We conclude that substantial evidence supports the Commissioner's decision and that the correct law was applied. Therefore, we affirm. 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 2
Diana G. Corns v. Russell County Virginia School Board Larry A. Massie, Individually, and in His Official Capacity as Division Superintendent Roger D. Sword, Individually, and in His Official Capacity as a Member of the Russell County School Board Hugh Barrett, Individually, and in His Official Capacity as a Member of the Russell County School Board Harold Mitchell, Individually, and in His Official Capacity as a Member of the Russell County School Board Denny L. Jessee, Individually, and in His Official Capacity as a Member of the Russell County School Board Olaf Porter, Individually, and in His Official Capacity as a Member of the Russell County School Board John Henry Smith, Individually, and in His Official Capacity as a Member of the Russell County School Board, 52 F.3d 56, 4th Cir. (1995)
Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the First Judicial District of Arkansas David Cahoon, Individually and in His Official Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas Henry Wilkinson, Individually and in His Official Capacity as Circuit Court Judge for the First Judicial District of Arkansas, Lafayette Patterson Jeanne Kennedy Doug Williams Lee County, Arkansas Robert May, Jr., Individually and in His Official Capacity as Sheriff of Lee County. Lafayette Patterson v. Robert Banks Margie Banks Reverend Almore Banks (Four Cases). Roy C. Lewellen, Jr. v. Gene Raff, Individually and in His Official Capacity as Prosecuting Attorney for the First Judicial District of Arkansas David Cahoon, Individually and in His Official Capacity as Deputy Prosecuting Attorney for Lee County, Arkansas Lafayette Patterson Jeanne Kennedy Doug Williams, Lee County, Arkansas Robert May, Jr., Individually and in His Officia