Santiago

MEMORANDUM AND ORDER

Now before the Court are plaintiffs motion for summary judgment and defendant’s cross-motion for summary judgment. Plaintiff Gerald Santiago (“Santiago”) brings this action pursuant to section 205(g) of the Social Security Act, and 42 U.S.C. section 405 (g) to obtain judicial review of the final decision by the Commissioner of the Social Security Administration finding that Santiago was not disabled and hence ineligible for Social Security disability insurance benefits.

I. BACKGROUND

A. Procedural History

Santiago filed an application for Supplemental Social Security Income benefits under Title II of the Social Security Act (“the Act”) on April 30, 1999, alleging leg and foot injuries. He met the disability insured status requirements under Title II of the Act from the time of the alleged onset date of his disability through December 31, 1996. His application was initially denied by the Social Security Commissioner, and following a denied request for reconsideration, an administrative hearing was held on September 25, 2000 before an administrative law judge, Charles D. Reite (“the ALJ”). The ALJ rendered an unfavorable decision on December 29, 2000.…