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77 F. App'x 178

Lever v. Barnhart, Comm

U.S. Courts of Appeals

Decided October 8, 2003

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U.S. Courts of Appeals · decided 2003-10-08

Cited by 1 later decisions — most recently March 2007

Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on Hays v. Sullivan

Good law ✅— No negative treatment on recordhow we know

Affirmed by unpublished PER CURIAM opinion · Decided 2003-10-08

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PER CURIAM.

¶1 Valerie Y. Lever appeals the district court’s order accepting the magistrate judge’s recommendation to affirm the Commissioner’s termination of disability *179 income benefits. On appeal, Lever raises three specific issues: (1) whether substantial evidence supports the Commissioner’s finding that her medical condition had improved; (2) whether the court erred in affirming the Commissioner’s consideration of her medical condition and ability to perform “past relevant work” only at the time of the initial cessation determination in February 1998 and not at the time of the ALJ decision in June 1999; and (3) whether the court erred in failing to find that the ALJ did not follow the sequential evaluation analysis.

¶2 We must uphold the district court’s disability determination if it is supported by substantial evidence. 42 U.S.C. § 405(g) (2000); Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir.1990). We have reviewed the record in light of Lever’s arguments on appeal and find no reversible error. Furthermore, we find sufficient evidence in the record to support the Commissioner’s decision to terminate benefits based upon medical improvement. See 20 C.F.R. § 404.1594 (2003). 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.

¶3 AFFIRMED.

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