Averbach
Averbach v. Astrue
Opinion
Opinion
Chapman, J.
OPINION AND ORDER
Plaintiff Fred Averbach filed a complaint on June 4, 2009, seeking review of the Commissioner’s decision denying his applications for disability benefits. On November 17, 2009, the Commissioner answered the complaint, and the parties filed a joint stipulation on February 4, 2010.
BACKGROUND
On January 7, 2000, plaintiff, who was born on January 7, 1946, first applied for disability benefits under 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, claiming an inability to work since June 19, 1998, due to depression, asthma and kidney stones. A.R. 182-86, 190. After his applications were denied, an administrative hearing was held before Administrative Law Judge Richard L. Leopold (“ALJ Leopold”), A.R. 21-25, 180, 554, 578-82, who issued a decision on August 21, 2001, finding plaintiff is not disabled. A.R. 12-20, 540-48. Following the Appeals Council’s denial of review, A.R. 6-11, 549-52, plaintiff filed a complaint in this district court challenging the denial of disability benefits to him. See Averbach v. Barnhart, CV 03-6303-RC (“Averbach I”). On January 9, 2004,…