Albert Brown, Jr. v. Carolyn W. Colvin

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Kermit E. Bye and Lavenski R. Smith; Denying [4159187-2] motion to strike filed by Appellant Mr. Albert B. Brown, Jr.. [4209641] [14-1631] (UNPUBLISHED)--[Edited 10/28/2014 by LMT]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-1631
___________________________
Albert B. Brown, Jr.
lllllllllllllllllllll Plaintiff - Appellant
v.
Carolyn W. Colvin, Acting Commissioner of Social Security Administration
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the District of Nebraska - Omaha
____________
Submitted: October 7, 2014
Filed: October 24, 2014
[Unpublished]
____________
Before WOLLMAN, BYE, and SMITH, Circuit Judges.
____________
PER CURIAM.
Albert B. Brown, Jr., appeals the district court’s1 order affirming the denial of
disability insurance benefits. Upon de novo review, see Van Vickle v. Astrue, 539

1

The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.

Appellate Case: 14-1631

Page: 1

Date Filed: 10/24/2014 Entry ID: 4209641

F.3d 825, 828 & n.2 (8th Cir. 2008), and careful consideration of Brown’s arguments
for reversal, we find no error in the administrative law judge’s (ALJ’s) determination
that Brown was not disabled before his date last insured. A decision not to reopen a
prior final decision is not subject to judicial review absent a colorable constitutional
challenge. See Hardy v. Chater, 64 F.3d 405, 407-08 (8th Cir. 1995). To the extent
Brown challenges the ALJ’s determinations as to credibility and residual functional
capacity (RFC), we find that the credibility determination is supported by substantial
evidence and valid reasons and thus is entitled to deference, see Turpin v. Colvin, 750
F.3d 989, 993 (8th Cir. 2014); and that Brown failed to meet his burden of
establishing a more limited RFC, see Perks v. Astrue, 687 F.3d 1086, 1092 (8th Cir.
2012). The judgment of the district court is affirmed, see 8th Cir. R. 47B, and
Brown’s motion to strike is denied.
______________________________

-2-

Appellate Case: 14-1631

Page: 2

Date Filed: 10/24/2014 Entry ID: 4209641