Booth

MEMORANDUM OF DECISION

Plaintiff filed this action seeking reversal of the decision of the defendant, the Commissioner of the Social Security Administration (the “Commissioner”), denying plaintiffs application for disability insurance benefits and supplemental security income benefits. Plaintiff filed a motion for summary judgment seeking a remand for an award of benefits or, in the alternative, a remand for further proceedings. The Commissioner filed a motion for remand, arguing that although the ALJ failed to make a proper credibility finding, the appropriate remedy was a remand for additional proceedings rather than an award of benefits.

Administrative Proceedings

Plaintiff filed applications for disability insurance benefits and supplemental security income benefits on February 3, 1997, alleging that he has been disabled since May 2, 1993, due to sleep apnea, asthma, bronchitis, severe back problems, carpal tunnel syndrome, leg pain, and swelling. [Administrative Record (“AR”) 68-75]. Plaintiffs applications were denied initially and upon reconsideration. [AR 55-67]. Plaintiff requested an administrative hearing, which was conducted before Administrative Law Judge Richard…