Neugebauer
Neugebauer v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Lori Neugebauer appeals the district court’s judgment affirming the Social Security Commissioner’s denial of Title II disability benefits. We affirm.
The district court lacked jurisdiction to review the Commissioner’s decision not to reopen Neugebauer’s first administrative action, in which she did not prevail and which she did not appeal. Although Neugebauer could have appealed the denial of her disability claim itself as a final agency action, 42 U.S.C. § 405 (g), the Commissioner’s decision not to reopen a prior disability determination is purely discretionary and may not be reviewed by the district court. 20 C.F.R. § 404.903 (1).
Nor can Neugebauer claim exception based on a colorable constitutional claim. See Califano v. Sanders, 430 U.S. 99, 108-09 , 97 S.Ct. 980 , 51 L.Ed.2d 192 (1977); Panages v. Bowen, 871 F.2d 91, 93 (9th Cir.1989). Neugebauer’s contention that the failure to produce the doctor’s consultative report, as part of the prior application file, violated her due process rights fails because the ALJ had no duty to obtain evidence of disability. That burden is on the claimant. See 20 C.F.R. § 404.1512 (a).