Hoffman

MEMORANDUM DECISION AND ORDER

Plaintiff Keith A. Hoffman, aka Keith A. Hoffmann, filed a complaint on June 7, 2000, seeking review of the Commissioner’s decision denying his application for disability benefits. The plaintiff filed a motion for summary judgment on November 29, 2000, and the defendant filed a cross-motion for summary judgment motion on January 29, 2001. The plaintiff filed a reply on February 28, 2001. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (c).

BACKGROUND

I

Sometime prior to March 29,1996, plaintiff applied for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 423 , and was found disabled due to alcoholism and granted disability benefits. Certified Administrative Record (“A.R.”) 23. In June 1996, the Commissioner notified plaintiff that he was terminating plaintiffs disability benefits effective January 1, 1997, because the benefits were based, in whole or in part, on plaintiffs alcoholism. A.R. 22. On July 1, 1996, plaintiff filed a request for reconsideration, A.R. 75-76, which was denied on September 16, 1996. A.R. 102-04. The plaintiff then requested an administrative hearing,…