Payan
Payan v. Chater
Opinion
Opinion
Chapman, J.
MEMORANDUM DECISION AND ORDER
Elijio Payan (“plaintiff”) filed a complaint on August 24, 1995, seeking review of the Commissioner’s denial of disability benefits. The plaintiff filed a motion for summary judgment on January 24, 1996, and the defendant filed a cross-motion for summary judgment on March 25, 1996. The plaintiffs reply brief was filed on April 8,1996.
BACKGROUND
On May 25, 1993, the plaintiff submitted a claim for disability benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 423 , asserting an inability to work since March 2, 1991, due to neck, back, shoulder, and lower extremity pain. (Certified Administrative Record (“AR.”) 84-87, 123). On June 23,1993, the plaintiff submitted 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). (AR.88-91). The plaintiffs applications were initially denied on October 5, 1993, and denied following reconsideration on February 16, 1994. (AR.93-105). The plaintiff then requested a hearing, which was held before Administrative Law Judge Milan M. Dostal (“ALJ”) on November 14, 1994. (A.R.58, 106-107). At the hearing, the…