Astrue

OPINION AND ORDER

Plaintiff Tich Pham, aka Tich Thi Pham, filed a complaint on October 22, 2008, seeking review of the Commissioner’s decision denying her application for disability benefits. On March 27, 2009, the Commissioner answered the complaint, and the parties filed a joint stipulation on May 6, 2009.

BACKGROUND

On December 3, 2004 (protective filing date), plaintiff filed an application for disability benefits under Title II of the Social Security Act (“Act”), 42 U.S.C. § 423 , claiming an inability to work since April 20, 2003, due to “severe radiating pain in left arm, surgery [on her] left arm, pain in [her] right arm, and depression^]” Certified Administrative Record (“A.R.”) 23, 76, 79-80. The plaintiffs application was initially denied on March 22, 2005, and, following reconsideration, was denied again on June 2, 2005. A.R. 59-71. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge F. Keith Varni (the “ALJ”) on November 30, 2006, and on March 26, 2007. A.R. 72-73, 398-428. On April 10, 2007, the ALJ issued a decision finding plaintiff is not disabled. A.R. 21-30. The plaintiff appealed this decision to the Appeals…