Astrue
Miller v. Astrue
Opinion
Opinion
Chapman, J.
OPINION AND ORDER
Plaintiff Russell R. Miller filed a complaint on December 17, 2008, seeking review of the Commissioner’s decision denying his application for disability benefits. On May 20, 2009, the Commissioner answered the complaint, and the parties filed a joint stipulation on June 19, 2009.
BACKGROUND
On October 31, 2005, plaintiff, who was then 52 years old, applied for disability benefits under Title II of the Social Security Act (“Act”), 42 U.S.C. § 423 , claiming an inability to work since May 21, 2004, due to lead poisoning, dementia, and neuropsychological problems. Certified Administrative Record (“A.R.”) 94-98, 122. The plaintiffs application was initially denied on May 11, 2006, and was denied again on April 5, 2007, following reconsideration. A.R. 64-74. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge Lawrence D. Wheeler (“the ALJ”) on November 13, 2007. A.R. 26-48, 75. On January 29, 2008, the ALJ issued a decision finding plaintiff is not disabled. A.R. 7-21. The plaintiff appealed the decision to the Appeals Council, which denied review on October 10, 2008. A.R. 3-6.