Mersman

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND; DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT; AND DENYING DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Maeva Mersman brings this action pursuant to 42 U.S.C. § 405 (g) to obtain judicial review of the final determination that Plaintiff does not qualify for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401 , et seq., by Defendant William Halter, Acting Commissioner of the Social Security Administration. In the present motion, Plaintiff seeks an order reversing the Commissioner’s final findings, or in the alternative, remanding the case to the Commissioner for further proceedings. The Commissioner, in turn, has filed a cross-motion for summary judgment.

II. BACKGROUND

On May 27, 1997, Plaintiff filed an application for Social Security disability insurance. (R. at 46-47.) Plaintiffs disability insured status expired on March 31, 1998. (R. at 15.) The Social Security Administration denied Plaintiffs application upon initial review and on reconsideration. (R. at 30-40.) Plaintiff then requested a rehearing which took place before the Honorable Donald F. Rector, Administrative Law…