The opinion of the court was delivered by: Norma L. Shapiro, S.J.
This is an action brought pursuant to 42 U.S.C. § 405(g) seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Lynne R. Byrnes's claim for disability insurance benefits ("DIB") under Title II of the Social Security Act. Before the court are plaintiff's objections to the Report and Recommendation of Magistrate Judge M. Faith Angell that the relief sought by plaintiff be denied and judgment affirming the decision of the Commissioner be entered in favor of defendant.
On December 31, 2001,*fn1 plaintiff protectively filed an application for DIB alleging disability beginning February 20, 1998. The claim was denied by the state agency on March 20, 2002, and plaintiff filed a timely written request for hearing. Plaintiff appeared before the Administrative Law Judge ("ALJ") on December 10, 2002. Following a limited hearing on procedural issues, tr. 796-818, the administrative law judge issued an Order of Dismissal based on the doctrine of res judicata , "finding that the current claim involved the same facts, issues, time frame and party reflected in the prior [application]." Tr. 69. Plaintiff requested review by the Appeals Council. While plaintiff's Title II application was pending before the Appeals Council, plaintiff protectively filed an application for supplemental security income ("SSI") on May 21, 2003. Plaintiff was found disabled, for purposes of SSI, as of May 1, 2003. The Appeals Council issued an Order of Remand on March 24, 2005. Tr. 68-70. In the order, the Appeals Council reopened the determination on the plaintiff's December 31, 2001 application for DIB and remanded the claim for further proceedings to determine whether the plaintiff was disabled at any time on or before June 30, 1998, the plaintiff's date last insured. The Appeals Council also affirmed the finding by the state agency that plaintiff was disabled, for SSI purposes, beginning May 1, 2003. Tr. 68-70.
The ALJ determined that "[b]ased on the application for a period of disability and disability insurance benefits protectively filed on November 9, 2001, the claimant was not disabled under sections 216(i) and 223(d) of the Social Security Act through June 30, 1998, the date last insured." Tr. 23. On October 26, 2007, the Appeals Council denied plaintiff's Request for Review and adopted the ALJ's decision as the final decision of the Commissioner. Tr. 6-9.
The ALJ concluded that plaintiff was not under a disability within the meaning of the Social Security Act at any time through the date last insured. Tr. 18. The ALJ found:
1. Plaintiff last met the insured status requirements of the Social Security Act on June 30, 1998.
2. Plaintiff had not engaged in substantial gainful activity at any time relevant to the decision.
3. Through the date of last insured, plaintiff had the following severe impairments: endometriosis status post total hysterectomy in February 1998 and intrapelvic adhesions status post lysis*fn2 in November 1998.
4. Through the date last insured, plaintiff did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.
5. Through the date last insured, plaintiff had the residual functional capacity to perform sedentary and light exertion work, which did not require lifting more than 20 pounds and which did not require the performance of detailed or complex tasks.
6. Through the date last insured, plaintiff was unable to perform past relevant work.
7. Considering plaintiff's age (33 years old at date of last insured), her education (at least a high school education), work experience (transferability of job skills not material given plaintiff's age) and residual functional capacity, there were jobs that existed in ...