Memorandum Opinion and Order

Pending are the parties’ briefs seeking judgment on the pleadings.  The plaintiff’s brief was filed December 27, 2005. The defendant’s brief was filed January 26, 2006. On August 29, 2006, the court received the proposed findings and recommendation of the United States Magistrate Judge.  On September 8, 2006, the Commissioner objected.  On September 12, 2006, the court directed the plaintiff to respond to the Commissioner’s objections.  On September 15, 2006, plaintiff’s response was received.