Padilla

OPINION AND ORDER

Plaintiff Carmen Padilla filed a complaint on August 17, 2006, seeking review of the Commissioner’s decision denying her applications for disability benefits. On January 10, 2007, the Commissioner answered the complaint and the parties filed a joint stipulation on June 12, 2007.

BACKGROUND

I

On March 26, 2003 (protective filing date), plaintiff applied for disability benefits under Title II of the Social Security Act (“Act”), 42 U.S.C. § 423 , and the Supplemental Security Income program (“SSI”) of Title XVI of the Act, 42 U.S.C. § 1382 (a), claiming an inability to work since January 1, 1992, due to gastritis, diabetes, breathing difficulties, back pain, and neuralgia. Certified Administrative Record (“A.R.”) 24, 64-66, 72-75, 83, 92. The plaintiffs applications were initially denied on September 26, 2003, and were again denied following reconsideration. A.R. 24, 33^47. The plaintiff then requested an administrative hearing, which was held on January 10, 2005, before Administrative Law Judge Stuart M. Kaye (“the ALJ”). A.R. 48-49, 306-25. On April 15, 2005, the ALJ issued a decision finding plaintiff is not disabled. A.R. 17-27. The plaintiff appealed this…