Powell

MEMORANDUM DECISION AND ORDER

Plaintiff Gail Powell filed a complaint on May 8, 1996, seeking review of the Commissioner’s decision denying her disability benefits. The plaintiff filed a motion for summary judgment on September 4, 1996, and the defendant filed a cross-motion for summary judgment on November 4, 1996. The plaintiff did not file a reply.

BACKGROUND

I

On April 13,1992, the plaintiff submitted a claim for disability benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 423 , as well as a claim for disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Social Security Act, 42 U.S.C. § 1382 (a), asserting an inability to work since June 12, 1991, due to neuromuscular weakness, fatigue, shortness of breath, chest pains and an infection. (Certified Administrative Record (“AR”) 29-33, 84r-96). The plaintiffs applications initially were denied on November 25, 1992, and were denied following reconsideration on March 29,1993. (A.R.56-61, 80-83).

The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge (“ALJ”) J. Leeds Barroll on January 31, 1995. (A.R.101-02, 358). At the…