Elbert Brown v. Jo Anne B. Barnhart

U.S. Court of Appeals for the Eighth Circuit
Elbert Brown v. Jo Anne B. Barnhart, 70 F. App'x 909 (8th Cir. 2003)

Elbert Brown v. Jo Anne B. Barnhart

Opinion

PER CURIAM.

Elbert Brown appeals the district court’s * order dismissing for lack of juris *910 diction Brown’s appeal of the Commissioner’s denial of disability insurance benefits (DIB). When Brown filed a third application for DIB, the Commissioner dismissed Brown’s request for a hearing on the basis of res judicata; the Commissioner also determined good cause did not exist to reopen the final decision on Brown’s second application. The district court concluded it lacked jurisdiction to review the Commissioner’s res judicata determination and refusal to reopen. On de novo review, see Boock v. Shalala, 48 F.3d 348, 351 & n. 2 (8th Cir. 1995), we affirm for the reasons stated by the district court. See 8th Cir. R. 47B.

A true copy.

*

The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas.

Reference

Full Case Name
Elbert BROWN, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Appellee
Status
Unpublished