the first issue being the administrative law judges determination that mr gannon only needed to use the bathroom three to five times in an eight hour work shift because of his or little bowel syndrome there is no medical basis in the record for the ministry of lies judged to have concluded that giving in only needed three to five breaks per workday this is an unfounded medical assumption on the part of the judge what is the testimony the testimony judge schroeder is that over time mr gideon needed to use the bathroom much more frequently the three to five day three to five times for work shift working until two thousand and one consistent with this court's decision in stone versus heckler a progressive deteriorating disorder such as a little bow syndrome compels us to look at the condition most recently in other words the most recent medical evidence and if we look at the spectrum of progress notes from not only dr canal only but from the other people who examined mr king and his need to go to the bathroom increased over time and if the court would like i could refer to medical evidence in jones versus hechler this court said disability determination is not supposed to be turned into credibility determinations and the judge basically as i see the record what jumped recitals the ones to which you refer and the other physicians all quote mr game is saying i've got to use the bathroom six times a day eight times a day ten times a day fifteen or twenty times a day clearly the physicians the physicians are not there observing this to again yes they are repeating his recital and i think what's most significant about that your honor is this none of the physicians who either examined including the state agency physician at stanford or dr canal e none of them ever said or intimated mr keene is telling me that he's got to go to the bathroom x number of times a day and i find this somewhat inconsistent with what i would expect to see with an individual who suffers from not one word in the record where anything station challenged his recital and i think the absence of that is rather someone could also exaggerate to a doctor clearly that's possible your honor and i'm not aware of any reported cases but case by the ninth circuit where the court has said self reporting in exaggerate the physician hasn't doesn't have to say that he's a liar but you do you do you dispute the fact that he drove a car and that he watched t v for several hours a day and then he went to church every week i'm plaintiff there's the burden of proving disability plaintiff has been unable to show that he could perform that he could not perform at a medium level doing unskilled work appellants entire case rests on credibility and as my colleague has made it he did not challenge the l j nor the district court's finding on credibility the l j's r f c for unskilled medium work is supported by the evidence and  inclusion of three to five unscheduled breaks during the day gave plaintiff the benefit of the doubt that the testified that based on that particular r f c although certain jobs would be eroded that plaintiff was able to perform a significant number of jobs at the medium and light levels that existed in the national economy or one of the more as to the finding  so therefore doctor cannot only statement back then which he made in february of two thousand and two is suspect because he was saying the claimant couldn't work couldn't find a job that would accommodate his special needs yet claim it bathroom and said that the evidence shows that there are a lot of jobs that he could do that support that he thought that the the extent to which he said he was unable to work w impediment all rings ring suspect in the l j again is the arbitrator of the credibility looked at the entire record had an opportunity to meet face to face with mr with the appellate end of term and that you know what maybe there's some truth here i'm going to give this guy the benefit of the doubt and i'm going to say that he does have a problem he does need to use the facilities frequently three day three to five times know work eight hour work day would be sufficient adding on the two breaks and a lunch plus he can go before and after another medical curiosity is the fact that he that he is saying that he needs to use the bathroom twenty bowel movements a day this is in february of two thousand and two when the doctor feels examined plaintiffs in october of two thousand and two plaintiffs weight has had actually increased by several pounds and testified at the hearing the following january his weight had increased even more it just doesn't ring true that an individual who is having this the stability of this problem which i have not read should should increase its weight or not meal a day he washed dishes maybe three times a week he mopped the floor maybe twice a week you did laundry once a week while he went grocery shopping once a week this was not an active life as far as getting medical care he couldn't get a call on us because he