Danny R. Curry v. Kenneth S. Apfel, Commissioner of Social Security

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-2048
DANNY R. CURRY,
Plaintiff - Appellant,
versus
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Charles H. Haden II, Chief
District Judge. (CA-98-422-2)
Submitted: December 14, 1999 Decided: January 5, 2000
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
William Stewart Thompson, COOK & COOK, Madison, West Virginia, for
Appellant. James A. Winn, Regional Chief Counsel, Eda L. Giusti,
Assistant Regional Counsel, Office of the Generaql Counsel, SOCIAL
SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Rebecca A.
Betts, United States Attorney, Kelly R. Curry, Assistant United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Danny R. Curry appeals the district court’s order affirming
the Commissioner’s decision to deny disability benefits. We have
reviewed the joint appendix, administrative record, and the dis-
trict court’s opinion accepting the recommendation of the magis-
trate judge and find no reversible error. Accordingly, we affirm
substantially on the reasoning of the district court. See Curry
v. Apfel, No. CA-98-422-2 (S.D.W. Va. July 1, 1999). In addition,
we note that it was not error to rely on the comparative qualifi-
cations of those who evaluated Curry’s I.Q. and give greater weight
to the opinions of medical personnel with superior credentials.
See Long v. Bowen, 866 F.2d 1066, 1067 (8th Cir. 1989). We dis-
pense 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 of 2 --