Ramon

OPINION AND ORDER

Plaintiff Jose Tello Ramon filed a complaint on December 7, 2007, seeking review of the Commissioner’s decision denying his application for disability benefits. The Commissioner answered the complaint on April 21, 2008, and the parties filed a joint stipulation on June 11, 2008.

BACKGROUND

I

On February 18, 2003 (protective filing date), plaintiff applied for disability benefits under the Supplemental Security Income program (“SSI”) of Title XVI of the Social Security Act (“the Act”), 42 U.S.C. § 1382 (a), claiming an inability to work since January 1, 2000, due to hypothyroidism, diabetes mellitus, vision difficulties, and back pain. Certified Administrative Record (“A.R.”) 71-74, 84. The plaintiffs application was initially denied on June 13, 2003, and was denied again on July 23, 2003, following reconsideration. A.R. 28-38. The plaintiff then requested an administrative hearing, which was held on September 1, 2005, before Administrative Law Judge F. Keith Varni (“the ALJ”). A.R. 39-41, 49-51, 160-71. On November 3, 2005, the ALJ issued a decision finding plaintiff is not disabled. A.R. 11-19. The plaintiff appealed this decision to the Appeals Council,…