Astrue

OPINION AND ORDER

Plaintiff Nancy K. Nelson filed a complaint on December 13, 2007, seeking review of the Commissioner’s decision denying her application for disability benefits. The Commissioner answered the complaint on April 28, 2008, and the parties filed a joint stipulation on June 3, 2008.

BACKGROUND

I

On February 5, 2004 (protective filing date), plaintiff applied for disability benefits under Title II of the Social Security Act (“Act”), 42 U.S.C. § 423 , claiming an inability to work since January 1, 2004, due to chronic fatigue immune dysfunction syndrome, fibromyalgia, and mitral valve prolapse. Certified Administrative Record (“A.R.”) 57-60, 70. The plaintiffs application was initially denied on May 22, 2004, and was denied again on September 13, 2004, following reconsideration. A.R. 43-52. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge Barry S. Brown (“the ALJ”) on June 9, 2005, and February 9, 2006. A.R. 53, 374-419. On September 28, 2006, the ALJ issued a decision finding plaintiff is not disabled. A.R. 10-19. The plaintiff appealed this decision to the Appeals Council, which denied review on October 30,…