Taylor v. Potter

¶1 The district court correctly dismissed Taylor’s appeal of the Department of Labor’s disability determination because such a determination is not subject to judicial review. 5 U.S.C. § 8128(b)(2); see Concordia v. U.S.P.S., 581 F.2d 439, 443 (5th Cir.1978). Taylor has failed to show that the Department of Labor violated a clear statutory mandate and she raises no constitutional claim not suitable for determination in an administrative setting. See Woodruff v. United States, 954 F.2d 634, 639 (11th Cir.1992). Taylor is also prohibited from alleging disability discrimination in violation of the Rehabilitation Act in order to secure judicial review of the Department of Labour’s determination. See Meester v. Runyon, 149 F.3d 855, 857 (8th Cir.1998). AFFIRMED.