Mendoza

MEMORANDUM DECISION AND ORDER

Plaintiff Gabriel Mendoza filed a complaint on July 29, 1999, seeking review of the Commissioner’s decision denying his application for disability benefits. The plaintiff filed a motion for summary judgment on January 5, 2000, and the defendant filed a cross-motion for summary judgment on March 8, 2000. The plaintiff filed a response on March 24, 2000. The parties have consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (e).

BACKGROUND

I

On March 23, 1993 (protective filing date), the plaintiff filed a claim for disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Social Security Act, 42 U.S.C. § 1382 (a), claiming an inability to work since April 28, 1991, due to diabetes melli-tus. Certified Administrative Record (“A.R.”) 86-89. The plaintiffs application initially was denied on August 3, 1993, and was denied following reconsideration on February 25, 1994. A.R. 121-25, 143-47. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge (“ALJ”) Philip J. Simon on September 16, 1996. A.R. 39, 150-51. On July 8, 1997, the ALJ issued a…