District Court, D. South Dakota February 23, 2004, CIV. 02-3037 (Attia v. Barnhart)

ORDER

KORNMANN, District Judge.

James E. Attia (Attia) filed this action on October 21, 2002. The Commissioner of Social Security (Commissioner) filed an answer in a timely manner. Attia seeks judicial review of a decision of the Commissioner which denied his application for disability insurance benefits under Title II, §§ 216(i) and 223 of the Social Security Act (Act), 42 U.S.C. §§ 416® and 423.