Speight
Speight v. Apfel
Opinion
Opinion
Chapman, J.
MEMORANDUM DECISION AND ORDER
Plaintiff Percetta M. Speight filed a complaint on January 5, 2000, seeking review of the Commissioner’s decision denying her application for disability benefits. The plaintiff filed a motion for summary judgment on March 24, 2000, and the defendant filed a cross-motion for summary judgment on July 12, 2000. The plaintiff filed a reply on July 27, 2000. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (c).
BACKGROUND
I
On December 6, 1995 (protective filing date), the plaintiff applied for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 423 , claiming an inability to work since January 1, 1992, due to anxiety attacks and hypertension. Certified Administrative Record (“A.R.”) 82-85, 102. The plaintiffs application initially was denied on February 13, 1996, and was denied following reconsideration. A.R. 54-63. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge (“ALJ”) Mason D. Harrell, Jr., on March 13, 1998. A.R. 29, 87-88. On April 29, 1998, the ALJ found the plaintiff is not disabled. A.R. 9-17. The plaintiff then sought…