eighteen they did their review and decided in january of two thousand and fourteen he was no longer disabled went through the administrative process we had the administrative hearing and the administrative to include the child put him impairments tension deficit hyperactivity disorder organic brain symptom syndrome scuse me speech and language delays and anxiety now what happens is the conditions do not change i don't think there's any argument legitimate argument that the impairments from childhood changed he no longer met the childhood lisping because he's an adult but the impairments didn't change now the issue it involves whether the a l j had sufficient facts to justify finding that there was an improvement in his condition and one of the problems i asked him as one of the problems i have standing here in front of you arguing as austin likes to say he can do lots austin can do everything austin is d j scared me when i read that when the judge pointed that out that's why she's going to deny it because he's doing d j and you picture the crowds of kids dancing in the person up on the front spend on the he want to d j contest my goodness he must be good everything it on teaching is online he's on computer so he's on computer and he's doing a mix of music and he may have some capacity to recognize good music or put it together and in a good fashion but his his activities have been online if he has done any teaching in terms of social activities it's all been volunteer he's never made any money at it nobody said you're good enough i'm going to pay it to do this thing so one of the arguments we have is when the judge found he's not as limited as he says he is because he can do these activities she she errs what she finds that because he can be a d j he can he can go out and and socialize and do things most of the items she identifies involves online he date online ok he says he can use a computer there's no doubt about it he has an organic brain syndrome the kid is slow there's there's no denying that he has emotional and cognitive limits but he has repeatedly taken advantage of it's uncontested somebody comes along and says you can make a lot of money selling this item i don't remember something about five thousand dollars you can make selling these items you've just got to pay five hundred dollars to be a salesman and so he does it because it sounds great he gets called on his grandmother who is the person who watches out for him gets the money back the same guy comes back to him and says hey but i need a one hundred bucks we can be a one hundred bucks and he does just because he can be taken advantage of social media she points out that he he can do social media therefore he's not limited again it's all online activities the the description that i think most evidences you know i hear what you're saying but there's also the opportunity to work on line so you know if you know in the end when you see he's on line do you well i think you'd be absolutely accurate if the judge had posed that as a limitation to the vocational consultant and say when you've got this child or nineteen year old who has these activities if i'm going to put him in in a spot where he doesn't have to be exposed to the public are there things he can do the problem is the l g said you know he can occasionally be exposed to the public he can occasionally be exposed to coworkers no i'm just talking to you online is the judge said he could spend a rd of his day being with other people he could spend of rd of his day working with the public and here's a kid who gets caught and he gets caught by everybody he gets he taken advantage of he doesn't have that capacity if legitimately he had some capacity to do something online and i've and i after all these years the one thing i have absolutely no confidence in is vocational rehabilitation i don't know what jobs are out there and i and i and i question vocational experts to try to figure out what is it that this person i'm representing is supposed to be able to do and i would have been interested in the answer to that question here to see if the judge if given him the limits that included his his mental limitations and said i want you to limit  his the jobs you're looking at online i don't really been interested in that because maybe there is something he could have done i don't know one of the one of the things that the judge does when that's i think is a critical  in the speculation that has happened in his case and not since cases she she she says he went to call in every school that shows he can be out in the public he can do things in the public even though he claims he can't here's this kid get not a high school case going to graduate from high school he's had all the special seps he's whatever they give them to help him get through they have coaxed him through he's now he's got a job coach has job coaches that not i've had a job coach where they come in and they tell you ok he could do this job and do some things this job coach is is in the facility at pizza hut derp excuse me and say that at the pizza place where he's washing dishes and the coach has to be on site to help him i mean that's how much help the the job records show that he needs to do but the ales i said he want to call in every school he went to call in every school that shows he can learn he can be in the public and he can go up accomplish things what they did was one of the it's either the life skill coach or the job coaches because he had a lot of help going through there trying to teach him to be independent they're trying to teach him how to cook for him self in so and i made notes of it i don't want to misrepresent it but it's like he can he can make a sandwich he can cook a burger and he learns how to make a t v dinner that's what they taught him now that's a long jump from there to colon every school colaneri school means you've got skills have a special if you passed and he said he finished it that he's got skills he can work he can cook he can you know people hire good cooks i mean everybody everybody i know i appreciate good cooks i'm not a cook so i'm looking at that as that's a really good job skill but the judge jumped a huge distance from he completed cullen every school to he finished a life skills class where he learned how to turn on a stove shut it off and not burn the place down in terms of his limitations his is cognitive problems which there's no evidence that the group were affirmed by the medical provider maxwell and she's ignored she has said i have treated him she treated him from two thousand and twelve to two thousand and fifteen throughout that time it's noted not in her records it's noted throughout that time the life skill coach has to come in and fill out his weekly prescript his prescription medication deal those little seven deals every week they have to come check on it one week out of five this kid has the ability to go through his medications and lay him out in in the in the weekly deal we've had him on two psychotropic medications the between prescription medications and behavioral management it's only marginally effective it's not able to consistently work one of the reasons for that is he's not taking his medications he doesn't set him up he doesn't take up some guy acquaintance friend i don't know comes along and says you shouldn't take those mental health medications they're bad for you and he quits he quits i mean if anybody that comes along takes advantage of this poor kid his his concern with the medications is expressed when he goes to the to the doc and says you know the medications keep me from gaining weight it's it's a speed medication and so they don't eat they're not hungry and and she's saying no no if you just eat normal you can you will keep losing weight on this so keep trying it but there's no evidence that the the evidence is the medications will work if you can get him into his body and somebody watches and follows along and  and we're talking about the same person talking about a person who's only had part time jobs and i don't know if any of the jobs ever lasted more than a month or two he lose he loses all of them he wasn't known he does he chose to leave the jobs it was he found that the job at the pizza place washing dishes was too fast paced for him he could not keep up with the requirements that's that's what the record is he couldn't keep up with washing dishes threw up his hands i just can't keep up and that's in spite of job coaches coming along and and trying to help people and i mean they're in that they're in the job site they're on the job site so i don't think he's ever had a full time job and if it is it's never lasted more than a month and if i can unless there's questions i'd like to reserve the last bit of my time thank you  cannot work because he has problems with social interaction he just walks off the job he has a hard time with time management he can't remember anything but the medical records in this case demonstrated that medication extremely well and is very stable on current medication that was two months before the jays hearing in this case we also have a lot of activities in this case that despite some issues keeping up with some of the activities they show that mr braun was a lot more functional than he alleged under under this court's moline a precedent that is relevant for the l g to consider today we focused a lot mr braun argued a lot about the fact that he did all of these things on line n fifty two they all reference him actually going places selling tickets to having d j gigs online beyond just the online music mixing that he was doing and i would point out even to judge fairs his point even the online activities that he was doing with respect to d j name undermine his allegations that he does not retain the that the mental functional capacity to do any work they demonstrate that he has to retain that the  ability to concentrate even if it is online only with respect to his allegations about being too socially limited to interact with other people while he kept busy with a church group that which they relied on for example he actually went on several mission trips with this group he traveled internationally to police at one point to build houses with this group he was doing ticket taking at m s you at one point he did it is true that the call an airy class was in the form of a life skills class after mr braun graduated from high school but nevertheless he did acquire cooking skills in the evidence to show it was a sixteen week course he actually mr brown even considered focusing on developing his cooking in the workplace for example a page forty nine there's reference to him wanting to use the cooking skills that he gained during that course  so the activities that mr braun performed undermined his allegations that his mental impairments prevented him from doing any work with respect to mr brown's arguing about his job coaching in the past judge bear you pointed out that he had past work he certainly did and in fact he did very well at some of those jobs at the time of the hearing when he had a job at staples office supply store where he was interacting with the public he had a job coach but at the same time he was doing semi skilled work dealing with the public and he reported that it was going very well and staples was happy with his performance it was part time i think it was i don't know the specific number it was less than forty it was maybe half of that i would say somewhere around twenty hours  there was indication he has not had full time work he's done these jobs have been part time but there were there is indication in the record that he's actually looking for more he was looking for more hours with some of these jobs i think come on in was it was a place where he worked he was doing laundry service there he was was hoping to get more hours and had expressed frustration that he wasn't getting more hours which was why he ended up moving on from that job and looking for something else  there is evidence that he encountered some difficulties at some of these jobs you know he did he did have some incidents where he as he pointed out this morning he was falling behind with like the dishwashing job the pace was a that he can tolerate only occasional changes in routine work setting should not be required to make more than occasional decisions and judgments additionally he cannot perform at a fixed production rate or pace so yes he had some issues in the past these were different jobs these are jobs that with this residual functional capacity he may not be able to perform but with this residual functional capacity when the l g posed this hypothetical r f c to the vocational expert the vocational experts say yes there are lower skilled jobs in the economy that an individual with that r f c could perform and the exact examples of those jobs were window cleaner garbage collector and a dresser those were the jobs that the vocational expert identified and those are those are jobs that require that are not the same jobs that he had done in the past the part time work where he was using a job coach with respect  cases as the course bayless case makes clear the a j can discount those opinions that if there are only germany reasons which is a low standard and the l g provided a reason here and that's that miss maxwell despite her treatment history which is a relevant consideration the old acknowledge as usual i'm doing really well his grandmother who was talking about all the difficulties that she had with him going out late and playing his music loud and having to monitor his some of his activities and helping him with his daily activities on page four hundred and seventy to seventy one this is in the spring of two thousand and fifteen she to confirm that medication was helping him page eighty seven the same we see the same thing and again in november th team which was just a couple of maxwell's opinion despite the treatment history there's not a line with what i'm seeing here and while i am limited in mr braun pretty significantly in the r f c to just occasional public interaction which is very little up to one rd of the day no working in tandem with coworkers unskilled jobs requiring no root just basically routine changes in the workplace at the l g found that that  occasion where somebody mentioned well you shouldn't take this medication the overall record shows that mr braun is more functional than that so in addition to just the fact sometimes he did sometimes he is missing his medication there are multiple treatment records also that show that you know he has a bright he has a normal mood he has no unusual thought content thought processes were logical and coherent and judging from his activities  which involve maintaining of an active d j hobby for example he even had a d j segment on a radio show at some point keeping busy with his church group doing ticket taking at m s s you he reported that he never had problems with his self does occasionally have judgment issues there were several judgement issues that mr brown identified in the brief but what the l g found was that for example he can carry out only unskilled tasks he can maintain concentration persistence and pace for those tasks just occasional interaction with the public which i again as as it's defined as very little up to one rd so to the extent he may be having issues with hey you know that if you do this this will happen and if it's the extent he has some impaired judgment there the only limit is limiting him to only occasional interaction with the public cannot work directly with the public as part of his work duties only occasional interaction with coworkers but cannot work in tandem and here's here's here's a key he can tolerate only occasional changes in a routine works at him and should not be required to make more than occasional decisions and judgments for these unskilled tasks so acknowledging that there are some judgment issues he's not taking his medication all the time he is susceptible to lapses in judgment the l g recognizes all that but then incorporates those limitations into the r and then finds based on the vocational expert testimony that there are jobs that such a person could perform in in the national economy so to the extent the court has no further questions substantial evidence supports the sale g s decision the commissioner like the thanks i'd like to thank the court for the opportunity to come out and address the court on these cases day in austin ron in addressing the issues council has raised for the court one of the things that's critical is in going through the briefs and the records is there is no job this kid is without a job coach he's got a job coach and everything and that's not me r f c there's never a time he's doing more than part time if he's due any and he just that doesn't even last months there's he just doesn't get through he cannot keep a job there's a reference in here to in the briefing about how gullible this poor guy is july of thirteen and online record company from romania offered him a contract to come in big money is going to be made promoting this online when the case manager comes in to say us than you're getting caught i mean austin here let's let's look at this thing he dropped the idea austin's never wanted to quit though because then he picks up on the idea of travelling from where he's at which is quite a ways outside of gig come to missoula do d j s oh yes i'm going to do it and he and he says he's going to do it somebody says if you've got a way to get to missoula well no no no i'll deal with that later grasp because he's not going to say no he's going to keep trying to do jobs there are there are references throughout that all of his activities require assistance everything requires assistance as at the time that of the hearing grandma has finally taken over the medication distribution to try to keep him on i think it is in fact the case that if you keep them medicated and he focuses he does a lot better but there's no evidence that he's ever been able to accomplish anything without a job coach at a life skills coach and those were not part of the r f c thank you your honor s