may please the court counsel my name is dennis cameron i'm hearing hearing here today on behalf of the appellant trisha's files today's case involves a fairly straightforward issue which is the application of the contest to the administrative law judges determination claimant in this case that elena stiles was not disabled clearly i think all parties agree that the first part of the contest is met she did establish that she had identifiable severe impairments the judge made those findings they are all in agreement that those findings would have symptoms it would reasonably be the same as what the claimant testified to having established that it falls upon the administrative law judge to show by specific clear and convincing evidence in the record that the climate is not credible if the administrative law fails to do that because of its testimony is deemed credible for all purposes within that case is a tricky case and but here's here's a little bit right right it's tricky and that you're your client you know claims to have a lot of pain and doesn't claims to not get out of bed you know that there are days that you wouldn't be able to go to work and some day she's in bed that bad over eighteen hours a day and all of that the medical evidence doesn't well you know isn't able to corroborate any of the things that she says but  both to social security administration and i think in their ruling ninety six dash seven p and other courts have focused on the individual's daily activities and here the ale jay did not did not think that the plaintiff was credible in part because she testified that she occasionally drives goes out to restaurants just light housekeeping out her own pace performs errands one or two times a week and shops every ten days she reads newspapers magazines watches television she walks for exercise does puzzles i think also there was discussion about that she married her fiance in two thousand and three and i think there was also comments on her demeanor during the proceeding and her you know ability to focus to answer questions isn't this a credibility finding that supported by substantial evidence in the record at the court shouldn't be second guessing well there's two questions involved  first of all they have to identify the administrative law judge just within the fog what portions of her testimony that would apply to specifically what she said and why this knocks out those specific portions of her testimony there are thirteen points out from the record is not inconsistent testimony on her part these are third party reports of what she does during a day there at the exhibit five the i think it's one seventy six of the excerpt of record and while he goes through and cherry pick some areas out of this each one of those people were asked and it's question number twenty six is there anything about the person's behavior that would have fear interfere with a person's ability to work full time each one says yes must rest often gets tired migraine headaches memory loss chronic pain diarrhea often that's on page one seventy eight of the excerpt of records and that's from the third party die on evans and that's also after they go through and explain that she can cook she walks around her house only she can cook two or three times a week but needs help needs help going to the grocery store carrying bags and moving about the second one is asked the exact same question at the end and twenty sec says patty is a delightful person she has a lot of difficulty with pain stiffness much pain in her back and hips she's down more than she's up she has low energy most of the time i would i would submit to the court these are not inconsistent they're very consistent support her testimony they just cherry picked that one of the individual said oh she has a hobby she does puzzles she walks around these are not activities of daily that would allow you to function eight hours a day forty hours a week on a job but if you  inclined to your bed for the time you're muscles accuracy and the doctor said there's no indication here that there's been any loss of muscle mass which we would expect in a situation where a patient is bed rest is a pain to the extent that this woman says she is and there you have an objective finding that is missing and the situation where you would expect if the situation is as it is  the petition well i don't think that the administrative law judge claim that i think he felt said that there was no there was no information in the record that showed atrophy exactly right and under the cabinet i would expect to have it under the cotton test she's not required to show objective medical evidence only that the symptomology would be reasonable from the impairments that she has fibromyalgia is a wasting disease that causes fatigue which he admits saying she has some fatigue and it also causes muscle soreness stiffness that causes pain it causes flu like symptoms it's reasonable that she could have that symptomology she testifies that she does there's nothing in the medical record that says she does not lay down for five that's not the point that i'm making the point that i'm making is that anyone who is disabled to that extent whether it's by far my my own to earn other this ability would have the muscle mass effect it because you are so still and yet the doctors are describing her muscular sure in a way which is inconsistent with the amount of time she says she spends in there and the amount of pain it's she says she's having and so her her condition in and of itself is not consistent with what she is claiming well i would take some exception to that i understand the point to the courts making however her doctor us does tell her to walk to try to keep up her possible mass and it's in shown in the daily activities that she does walk around her house she does as much as she can on the days that she can be up and muscle atrophy and fibromyalgia is a wasting disease that comes on over time and patricia bachmann and the other area that the judge pointed out saying that she has flexibility i'm sorry i have to find here saying that she does and makes his own conclusions from those that she has a full range of motion if you turn it over to the next page dr bachmann's findings and conclusions from those tasks are that she has fibromyalgia that she has muscle pain she cannot simply confirms the claimant's testimony that she has all the symptomology and she has these impairments you have the two minutes left you want to save some for a bottle actually your honor this is a very straightforward issue under the contest if there's an if there's no malayan ring which there is not in this case it's up to the administrative law judge to show that the thirteen areas she claims she has problems in by clear and convincing act evidence from the record are not credible he doesn't even address six of those areas your honor so i'm so i'm saying that he has the r f c was incomplete you know her testimony is given credibility the v e testifies during the hearing that none of these jobs are political to her and good morning your honor smart name is sarah ryan and i represent the commissioner of social security i think you can see where we're focused on some level that i mean we know that the algae cannot reject a claim that subjective complaints soley on a lack of medical evidence and here it seems like the l j rejected this thousand credibility regarding all are subjective complaints which were many based on a lack of medical evidence and i'd like to direct your attention to findings by stating that there was a lack of ongoing and significant objective clinical findings which would warrant a finding of disability isn't the a l j just relying on the lack of medical evidence to reject your claim  respond to that your honor that's not the only reason the a l j gave in his decision for rejecting her credibility in addition to pointing out that there was a lack of minimal objective findings to support her claims he also pointed out that the medical record was at odds and in fact contradicted some of her subjective claims and that's a bit different it may be considered said no there's nothing wrong with your nerves you have no neuropathy or nerve entrapment writing that she was complaining under certain circumstances that she had it she wasn't i don't think there's a claim in this case that you have her whole tunnel syndrome or anything like that as well she also said that it complained of right side weakness and so they ran a brain scan and a carotid artery ultrasound and found normal findings nothing remarkable there her subjective contrast to a lot of cases we see everybody seems to believe or wherever he says diagnosis the side while jeremiah facial pain so forth i mean and right to just let me think i'm sorry you go right down the medical records and none of them say or even imply that she's growing or faking what they do say they give her lots of pain medication they change their medication and generally speaking when i see a record of fibromyalgia and the doctors are suspect if you see  example of some of her claims that were inconsistent with the actual medical record where she told at least two doctors that she had cancer that led to her hysterectomy she told one doctor she had ovarian darvocet and he started and he said now we can put you on a treatment plan for your fibromyalgia for example i'm going to recommend that you go on injections for your trigger points and we may possibly want to injections cervical epidural injections and steroids treatments and it wasn't long after that that he was trying to taper off her darvocet that she discharged dr harris and back to work for any c in approximately the beginning of two thousand and one now she was having crises in her personal life her marriage was failing she had a daughter who was fourteen at the time who had some medical issues in may of two thousand and one she had a confrontation with a supervisor at her work at any city that's the first time the medical records show she went to the emergency room for chest pains in june of two thousand and one she went on disability from her work at any c for stress now in the counseling records where she's counseling with this marriage and family therapist she's talking to the counselor about the fact that her marriage has been crumbling since the year two thousand and she's been in counseling since two thousand and during this time she's been trying to work out her marriage with her husband she has started dating her fri she's been briefly seen a man named steve whom she's met for three weeks then and september of two thousand and one which is a mere three months before she files for disability for fi she meets a man named ryan hold then in december of two thousand and one after she's gone on disability for stress from any city she filed for disability for from social security on the grounds fibromyalgia and the headaches now in may of two thousand and one or june of two thousand and one she's gone on disability state disability from any city and december of two thousand and one months and she has complained to her counselor that the study just going to make her do typing or or go to trade school in order to continue to be on state disability and she has a history of being on disability because in her twenties she had to work injury now this is a woman who wants to continue to be on disability now all the time she's claiming she's told one doctor that she's been in pain a lot for some reason she doesn't know why it worsened in may of two thousand and one and so she dates her private back to that date which of course is when she had that confrontation with the supervisor of any city and of course that also happens to coincide with the date that any city had the layoffs for economic reasons and laid her off at the same time during this period she has somehow managed while she's saying she's in band with fibromyalgia to me and ultimately marry her current husband bradley so that means she has now at least for  again and married bradley she has moved from the sacramento area to reno she made two trips to texas to move her paternal grandmother back to california she has had crises in her personal life her two young teenage daughters have moved out of her household to her full ex husband's household there's a great deal going on in this lady's life and she has painted a picture of herself and no doubt has convinced herself that she cannot work but the a finding that she can work is a reasonable interpretation up the record and her activities and blocking the problem out of print i appreciate your appreciate your advocates position and your and your question if you believe that she can get out of the five days a week in the folk rehab specialist says that would disqualify her from all jobs that is not me and i'm sorry i didn't catch the boke rehab lucia