Massanari

MEMORANDUM DECISION AND ORDER

On June 19, 2000, Janice Smith, as guardian ad litem on behalf of her daughter Jeanette Enge, a minor, filed a complaint seeking review of the Commissioner’s decision denying Jeanette’s application for disability benefits. The plaintiff filed a motion for summary judgment on November 9, 2000, and the defendant filed a cross-motion for summary judgment motion on January 30, 2001. The plaintiff did not file a reply. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (c).

BACKGROUND

I

On October 17, 1996, Jeanette applied for disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 -1383d, claiming she has been disabled since March 15, 1991, when she was almost three years old, due to asthma and breathing difficulties. Certified Administrative Record (“A.R.”) 40-43, 56. Jeanette’s application was initially denied on April 4, 1997, and was denied following reconsideration on July 15, 1997. A.R. 44-53. Jeanette then requested an administrative hearing, which was held before Administrative Law Judge Linwood Perkins, Jr. (“ALJ”), on April…