Daphne Pannell v. Andrew Saul, No. 19-1417 (4th Cir. 2020)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1417 DAPHNE REGINA PANNELL, Plaintiff - Appellant, v. ANDREW SAUL, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District Judge. (4:17-cv-00025-JLK-JCH) Submitted: February 27, 2020 Decided: March 10, 2020 Before WILKINSON, NIEMEYER, and RUSHING, Circuit Judges. Affirmed by unpublished per curiam opinion. David J. Cortes, Richmond, Virginia; Joel Cunningham, Jr., Halifax, Virginia, for Appellant. Eric P. Kressman, Regional Chief Counsel, Stephen Giacchino, Supervisory Attorney, Joanne K. Kernicky, Assistant Regional Counsel, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsylvania; Sherri A. Lydon, United States Attorney, Columbia, South Carolina, Sara B. Winn, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Daphne Regina Pannell appeals the district court’s order accepting the recommendation of the magistrate judge and upholding the Administrative Law Judge’s (ALJ) denial of Pannell’s applications for benefit protection during a period of disability, 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 Pannell’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. Pannell v. Comm’r of Soc. Sec., No. 4:17-cv2 00025-JLK-JCH (W.D. Va., Feb. 26, 2019). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 3
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