UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

FAY G. TOWNS,
Plaintiff-Appellant,

v.
                                                                         No. 95-3145
SHIRLEY S. CHATER, COMMISSIONER OF
SOCIAL SECURITY,
Defendant-Appellee.

Appeal from the United States District Court
for the Northern District of West Virginia, at Clarksburg.
David L. Core, Magistrate Judge.
(CA-94-11-1)

Submitted: July 25, 1996

Decided: August 14, 1996

Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS,
Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

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COUNSEL

Mary V. Rehmann, Morgantown, West Virginia, for Appellant. Char-
lotte Hardnett, Chief Counsel, Region III, David M. Frazier, Assistant
Regional Counsel, Office of General Counsel, SOCIAL SECURITY
ADMINISTRATION, Philadelphia, Pennsylvania; William Wilmoth,
United States Attorney, Helen Campbell Altmeyer, Assistant United
States Attorney, Wheeling, West Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Fay G. Towns filed a claim with the Social Security Administration
in March 1992 for Supplemental Security Income, alleging disability
commencing December 16, 1991, as a result of back pain. After
denial and reconsideration, Towns requested a hearing before an
Administrative Law Judge (ALJ). The ALJ decided that Towns was
not disabled under the Social Security Act because Towns had no
non-exertional limitations and although he had a musculoskeletal
impairment and could not return to past relevant work, he also had the
residual functional capacity to perform at least sedentary work. The
Appeals Council denied Towns' request for review. The ALJ's deci-
sion then became the Secretary's final decision.

Towns filed a complaint in the district court challenging the final
decision of the Secretary. The parties consented to a disposition by a
magistrate judge pursuant to 28 U.S.C.A. § 636(c) (West 1993). The
magistrate judge entered a final order affirming the decision of the
Secretary. This appeal followed.

We review the Secretary's final decision to determine whether it is
supported by substantial evidence and whether the correct law was
applied. 42 U.S.C.A. § 405(g) (West Supp. 1996); Hays v. Sullivan,
907 F.2d 1453, 1456 (4th Cir. 1990). Towns claims that substantial
evidence does not support the ALJ's finding of ability to perform sed-
entary work. However, the ALJ gave specific reasons for his determi-
nation and we will not disturb it. Hammond v. Heckler, 765 F.2d 424,
426 (4th Cir. 1985). The ALJ made a thorough evaluation of the evi-
dence, and we conclude that the Secretary's decision is supported by
substantial evidence and was based on the correct legal standards.

Towns also alleged that the ALJ failed to develop a full and fair
record and therefore the administrative proceedings were fundamen-

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tally unfair. Towns waived his right to appear at the hearing before
the ALJ, but only after the ALJ gave him several warnings and sug-
gestions to obtain free legal advice. The ALJ obtained evidence from
Towns' treating physicians and from the claims representative who
observed Towns and noted his daily activities. In addition, there is no
evidence in the record that Towns was prejudiced by a mental impair-
ment.*

Accordingly, we affirm the district court's judgment. We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.

AFFIRMED
_________________________________________________________________
*Towns' brief discusses and cites to a psychological evaluation
attached to the complaint filed in the district court. This evaluation was
not before the Secretary when she made her final decision. Towns' brief
also refers to June 1994 back surgery occurring after the Secretary's
denial of benefits. This court is restricted only to evidence presented in
the administrative record. See Wilkins v. Secretary, Dep't of Health &
Human Servs., 953 F.2d 93, 96 (4th Cir. 1991).

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