sure there was even i think mr hilliard was reporting that he was feeling a little bit better but there's additional evidence in the record after that on march st two thousand and sixteen mr heller complained that he had severe right leg pain it took him to the  of time but the new complications arise and the bottom line is that dr rice's analysis did not accord with the total hip replacement that proved to be necessary afterwards and certainly did not reflect the experience in the month fast food worker as that work is generally performed substantial evidence did not support this conclusion throughout the record you have testimony from mr hilliard and conclusions from various  doctors and reading test administered by a literacy center a stabbing that mr hilliard had very limited capacity in the area of reading writing and math for example a transcript record straight forty five and other literacy tests that put mr has that ever been a problem for you he said yeah it's been a problem for me in some of the jobs that i've had a transcript record forty six he speaks for job dollar general and he says if i only had that job for a short time i couldn't count the money right so actually important here because of mr hilliard's physical limitations you know most jobs have a physical component they have a mental component and when you can't do the physical component then the mental component matters even more and so as a result the l j here was really obligated to develop the record to make sure that this job is generally performed was one that mr hillard could do it about him doing the fast food work for eight or nine years or ever long it's certainly the case that he had prior experience but the l g also for our found that he couldn't do the work as he had actually performed it in previous years due to the new physical limitations that he had developed during the intervening period so the physical component of that work was out of that per minute and math skills that are fairly complex nature and never consider that as part of his decision and he never raised the vocational expert in obtaining the vocational experts determination as to whether or not this was a job that mister urine qualified as a treating physician right off the bat he referred to the mr treatment physicians by definition dr brothers oncet cannot be a trait of physician because he was a one time he did not qualify as an acceptable medical source and therefore could not qualify as a trade in source and any opinion he offered could not qualify as a medical opinion further as an i can't wait depending on the circumstances of the case your regulations clearly  absolutely your honor and that and they will jack knowledge that in concert or that evidence will judge st pointed out that it was not a acceptable medical source and that does affect his ability to offer a medical opinion and it cannot also establish two thousand and fifteen statement and her and her in the tribune records that hill arrived at the doctor's appointment hunched over walking slowly with a k after his miracle treatment walked back out the door without using the can it all standing upright walking briskly clear evidence that he may not have been completely forthcoming with the symptomology who said testified to that  clarified and qualified his opinion but it was based on a one time examination that was completely dependent on dillard's effort and whatever basically demonstrated it to perform now the real issue from counsels argument or oppose the council's argument that following his right hip replacement in october of two thousand and fifteen his own of the predicts surgeon two months later in december stated that he was doing quite well and hillary reported that he was quote very happy with the before the hearing clearly a fill in the blank opinion from a not accepting medical source obtained for the hearing to bolster his climb now as i acknowledge addressed mr gordon could provide good evidence of limitations and the commissioner does not deny that but that evidence is that evidence is overcome by the evidence from the two state graduated from high school obviously there for work and regular math he also testified that he was able to handle finances at a truck therefore there's really a minimal level that seems to have been the cash register when he was at mcdonald's and burger king but it's important to note that when he left those jobs he wasn't fired he quit because he moved with a sister to a different state and so again the math the math level requirement and then the reading and language the math and the language requirements are they nd lowest levels that the denoting addresses for the fast food worker job and you know it's also about nd grade reading is not sufficient for a normal fast food worker i thought you either you thought it still scared ministration thought that to well your honor that that would be he left it up to thirty pounds which was the only reason that the elders r c prevented him from going back to it as actually performed because the l g i took him at his testimony that he had left it up to thirty pounds now he may have genuinely believe that but that's based on his memory of well how heavy were those boxes now he was able to perform the job because he did it for nine years and this the pure speculation that he may have been accommodated fails for five reasons st of all it performed for nine years to large institutional employers mcdonald's or burger king it provided no evidence of any such accommodation or altering of the job requirements he also at thirty admitted his duties included wouldn't stock taking orders and working the cash register all of which required some ability to reach out and use forms and he also testified that the sole reason he could not perform was because of the physical standing and lifting requirements also important to note that although the real judge did not make an alternative stuff i find in the edge i did a list of the testimony from the vocational export to support such a those five jobs only require math level one and language level one so even if they could only perform math and law and language level one but there's no evidence they couldn't perform those those other three jobs and it's also again the commissioner so much that he performed this job for nine years and the vocational expert heard the testimony about his reading and writing difficulties so i have basically three simple points to make on her battle st listening to opposing counsel's presentation before the court i hear opposing counsel essentially trying to do two things one rewrite the l j decision so that it conforms with what the commissioner today would like that decision to read and to including a host of credibility determinations about various things that mr hilliard attested to that are not honor but i'd you know it's been a while since i've looked word for word of the decision i don't believe there was anything about mma lingering in the elgin research about the cane so if there was something said about lingering that would be consistent with the argument i don't believe that there was anything about  of the agency's experts saying that mr hilliard could do all these things and then three months needed later needing a total hip replacement and that's ultimately kind of the nub of this issue in terms of giving comparative weight to agency a patient but their testimony should be given more weight and then that kind of leads to the rd and final point which i think builds off of your point judgement and that mr hillard is an individual with a nd grade reading level there and for those reasons we respectfully submit that you should reverse very well thank you thank you for your argument