Esau Canterbury, for ROMAN CANTERBURY v. MICHAEL J. ASTRUE, Commissioner of Social Security

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2225
ESAU CANTERBURY, for ROMAN CANTERBURY,
Plaintiff - Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. David A. Faber,
Senior District Judge. (2:07-cv-00061)
Submitted: July 10, 2009 Decided: July 23, 2009
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Leonard Stayton, Inez, Kentucky, for Appellant. Eric P.
Kressman, Acting Regional Chief Counsel, Rafael Melendez,
Supervisory Attorney, Lori Karimoto, Assistant United States
Attorney, SOCIAL SECURITY ADMINISTRATION, Philadelphia,
Pennsylvania, Charles T. Miller, United States Attorney, Carol
A. Casto, Assistant United States Attorney, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Esau Canterbury, on behalf of his son, Roman
Canterbury, appeals the district court’s order accepting the
magistrate judge’s recommendation to grant the Commissioner’s
motion for judgment on the pleadings and terminate his child’s
social security supplemental income benefits.
We must uphold the district court’s disability
determination if it is supported by substantial evidence. 42
U.S.C. § 405(g) (2009); Hays v. Sullivan, 907 F.2d 1453, 1456
(4th Cir. 1990). We have reviewed the record in light of
Canterbury’s arguments on appeal and find substantial evidence
supports the Commissioner’s finding that the child’s medical
condition had improved such that disability benefits should
cease. See 20 C.F.R. § 404.1594 (2009). Accordingly, we affirm
the termination of benefits. 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

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