Hilliard

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT, AND REMANDING (Docket Nos. 13,14)

On December 12, 2002, Plaintiff James Hilliard filed an application for disability insurance benefits under Title II of the Social Security Act (“Act”) and supplemental security income benefits under Title XVI of the Act. The application was denied on March 28, 2003, after which Mr. Hilli-ard requested a hearing before an administrative law judge (“ALJ”). Administrative Record (“A.R.”) at 44-47. A hearing was held before an ALJ on October 5, 2004. Subsequently, on December 14, 2004, the ALJ issued his decision, concluding that Mr. Hilliard was able to perform his past relevant work and was therefore not “disabled” under the Act.

Mr. Hilliard has exhausted his administrative remedies with respect to his claim of disability. This Court has jurisdiction for judicial review pursuant to 42 U.S.C. § 405 (g). Mr. Hilliard has moved for summary judgment, seeking a reversal of the Commissioner's decision and a remand for a rehearing and complete development of the record. The Commissioner has cross-moved for summary judgment. Having considered…