Albert Brown, Jr. v. Carolyn W. Colvin

581 F. App'x 598

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 24, 2014
• Docket: 14-1631
• Status: Unpublished

Opinion

[Unpublished]

PER CURIAM.

Albert B. Brown, Jr., appeals the district court’s 1 order affirming the denial of disability insurance benefits. Upon de novo review, see Van Vickle v. Astrue, 539 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.

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