Albert Brown, Jr. v. Carolyn W. Colvin


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 [4209641] [14-1631] (UNPUBLISHED)--[Edited 10/28/2014 by LMT]

Download PDF
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District Court for the District of Nebraska - Omaha ____________ Submitted: October 7, 2014 Filed: October 24, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges.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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?