Billy Grisso v. JoAnne B. Barnhart, No. 05-2720 (8th Cir. 2006)
Annotate this CaseCourt Description: Civil case - Social Security. Decision refusing to approve program in connection with inmate's claim for benefits affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2720 ___________ Billy Grisso, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Jo Anne B. Barnhart, Commissioner, * Social Security Administration, * [UNPUBLISHED] * Appellee. * ___________ Submitted: September 28, 2006 Filed: October 11, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. In 1981, Billy Grisso was awarded disability benefits. In 1983, he was sentenced to 25 years in prison for felony offenses, and his benefits were suspended pursuant to a former federal law, 42 U.S.C. ยง 402(x)(1) (1993) (amended 1994), which provided that an individual imprisoned for a felony could not receive benefits unless he participated in an approved rehabilitation program. In 1997, Grisso filed an application with the Social Security Administration for approval of an industrial training program he had participated in from July 1984 to July 1992. An administrative law judge (ALJ) refused to approve the program, the district court1 affirmed, and Grisso appeals. After thorough review of the record and the parties submissions, we find substantial evidence supports the ALJ s decision. See Dukes v. Barnhart, 436 F.3d 923, 926 (8th Cir. 2006) (standard of review). We also find no abuse of discretion in the district court s denial of Grisso s motion for reconsideration. See In re Charter Commc ns, Inc., 443 F.3d 987, 993 (8th Cir.) (standard of review), petition for cert. filed, 75 U.S.L.W. 3034 (U.S. July 7, 2006) (No. 06-43). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny as moot Grisso s motion to call up records. ______________________________ 1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. -2-
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