Best

OPINION AND ORDER

Plaintiff William H. Best filed a complaint on October 30, 2003, seeking review of the Commissioner’s decision denying his applications for disability benefits. The Commissioner answered the complaint on September 18, 2007, and the parties filed a joint stipulation on November 6, 2007.

BACKGROUND

I

On November 10, 1997, plaintiff applied for disability benefits under both Title II of the Social Security Act (“Act”), 42 U.S.C. § 423 , and the Supplemental Security Income program (“SSI”) of Title XVI of the Act, 42 U.S.C. § 1382 (a), claiming an inability to work since July 1, 1997, due to a herniated disc. Certified Administrative Record (“A.R.”) 66-68, 74, 198-200. The plaintiffs applications were initially denied on February 23, 1998, and were denied again on April 30, 1998, following reconsideration. A.R. 55-65. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge F. Keith Varni (“ALJ Varni”) on November 16, 1998. A.R. 24, 27-52, 324-25, 343-68. On January 26, 1999, ALJ Varni issued a decision finding plaintiff is not disabled. A.R. 10-18, 308-16. The plaintiff appealed this decision to the Appeals Council,…