Wedge

MEMORANDUM DECISION AND ORDER

This matter is before the Court for review of the decision by the Commissioner of Social Security denying plaintiffs application for Supplemental Security Income. Pursuant to 28 U.S.C. § 636 (c), the parties have consented that the case may be handled by the undersigned. This action arises under 42 U.S.C. § 405 (g), which authorizes the Court to enter judgment upon the pleadings and transcript of the record before the Commissioner. The parties have filed a joint stipulation. After reviewing the matter, the Court reverses the decision of the Commissioner and remands to determine whether the plaintiff is eligible for the childhood disability benefits prior to age 21 under listing 112.05D.

I. PROCEDURAL BACKGROUND

Before plaintiff attained the age of 18, an application for Supplemental Security Income was protectively filed on behalf of plaintiff on November 16, 1999. Plaintiff alleged both mental and physical impairments. That claim was denied by the Commissioner, and again by an Administrative Law Judge (“ALJ”) on June 19, 2002. Plaintiff then sought review by the Appeals Council. The Appeals Council denied review on November 7, 2003. The parties…