Carlyn T. Testamark v. Nancy A. Berryhill, No. 17-2413 (4th Cir. 2018)

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The court issued a subsequent related opinion or order on August 31, 2018.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2413 CARLYN T. TESTAMARK, Plaintiff - Appellant, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:16-cv-00202-REP) Submitted: July 20, 2018 Decided: August 30, 2018 Before DUNCAN, DIAZ, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Daniel S. Jones, LAW OFFICES OF CHARLES E. BINDER AND HARRY J. BINDER, LLP, New York, New York, for Appellant. Tracy Doherty-McCormick, Acting United States Attorney, Alexandria, Virginia, Jonathan H. Hambrick, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Carlyn T. Testamark appeals the district court’s order adopting the magistrate judge’s recommendation and upholding the Administrative Law Judge’s (ALJ) denial of Testamark’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 Testamark’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 Testamark v. Berryhill, 2 No. 3:16-cv-00202-REP (E.D. Va. Oct. 11, 2017). 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