Lingenfelter

I. Background

A. Procedural History

On August 19, 1997, Lingenfelter filed applications for dis- ability insurance benefits and supplemental security income, alleging that he had been disabled and unable to work since November 8, 1993 due to severe foot and knee impairments. After his applications were denied initially and upon reconsid- eration, Lingenfelter requested a hearing before an ALJ. At the January 4, 2000 hearing, Lingenfelter was represented by counsel and testified on his own behalf. The ALJ issued a decision denying Lingenfelter’s applications on March 22, 2000, finding that Lingenfelter suffered from multiple severe impairments but was not disabled within the meaning of the SSA. The Appeals Council denied Lingenfelter’s request for review and adopted the ALJ’s decision as the final decision of the Commissioner on January 13, 2003.2 Lingenfelter then filed a complaint for review with the district court, which issued an order and judgment adopting the report and recom- mendation of a magistrate judge and affirming the ALJ’s decision. Lingenfelter timely appealed. 1 Lingenfelter currently receives disability benefits on the basis of a sub- sequent application,…