Jimenez
Jimenez v. Astrue
Opinion
Opinion
Chapman, J.
OPINION AND ORDER
Plaintiff Eduardo Jimenez filed a complaint on March 12, 2008, seeking review of the Commissioner’s decision denying his applications for disability benefits. On August 26, 2008, the Commissioner answered the complaint, and the parties filed a joint stipulation on September 30, 2008.
BACKGROUND
I
On June 20, 2002, 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 August 15, 2000, due to right shoulder, lower back and right knee injuries. Certified Administrative Record (“A.R.”) 86-88, 90. The plaintiffs application was initially denied on September 5, 2002, and was denied again on December 27, 2002, following reconsideration. A.R. 66-74. The plaintiff then requested an administrative hearing, which was held on January 12, 2004, before Administrative Law Judge Peggy M. Zirlin (“the ALJ”). A.R. 75, 2344-67. On April 22, 2004, the ALJ issued a decision finding plaintiff is not disabled. A.R. 606-17, 1718-29. The plaintiff appealed this decision to the Appeals Council, which remanded the matter to the ALJ on March 11, 2005. A.R. 618-35, 1684.