july first two thousand and seven and he was at that time forty four years of being shot as a date last insured of of september thirtieth two thousand and eight he suffers from diabetes lightest and is more importantly from neuropathy in this case we've limited the piece primarily to the one issue that's mr raines from subjective reporting team in this particular case the commissioners established a procedure or set of guidelines on how pain is to be assessed it's a two step process the first is is the condition of the type that would likely cause if so  you proceed to the step and step which is to look at all of the evidence and conjuncture in this particular case the ail create specifically seem to limit her thought process to things such as his gait his activities on a consistent basis and that he was on a regular basis lying down with the speed up to avoid the problem due to alleviate the pain noted in his feet the vocational expert testified  hearing of case law seems to indicate clearly that anybody who asked take a break for an extended period of time and elevate their feet is not employable in this particular case the l g a did not take into account  that factor we have outlined in detail that neuropathy is not simply an issue of a lack of feeling in the apathy can also be severe pain such as fact that he took his children out to the to his parents farm where they kept animals for for a try sometimes he would assist his father mike turning on machinery that would is an automatic feeder that t g this is not the kinds of necessary situations where this is a wide range of activity that would equate to full time employment and when he went to his parents farm the teenage kids helped him do major work right caray to work in the care for their cattle yes and this particular case judge that's exactly the case in your court of the fact that his kids did a lot of the heavier type of activities i don't first to admit that in many times when you're looking at the scales of justice the weight of the evidence tipped in favor of a party is a lot of times the volume of the evidence in this particular case we do not necessarily have a large volume of the evidence  we do have significant evidence of weight and that is that he did have this condition that it is does cause pain that he reported it at one point in time the state agency dr insel fall that he had some credibility in his reported statements and i don't think the l j do an adequate job going in and centering that factor when assessing the overall i cited some some various cases throughout my brief that indicate that i'm there is a mistaken belief by courts by by doctors etc that individuals who are seeking disability must live a life where their crops up in front of a television and that's not the case depending on age circumstances and education individuals can perform a wide range of activities even a competitive setting and still qualify for disability in this particular case the strains from its biggest problem being it was a condition that required him to take these breaks that there was a painful condition overall it affecting his feet and the ability to stand even for two hours was compromise that's what's would it would have i guess the last thing i would like to address more easily is the fact that is the daily activities he did indicate that he did things such as help this five year old dress get his kids to the bus stop he did help with some shopping laundry and cleaning but he also reported needing to rest on a daily basis nap or to speed up these are all things that are somewhat inconsistent with the ability to perform on a regular there are no questions i guess at this point in time i would reserve the remaining time i have f may please the court my name is linda jan a second i represent the acting commissioner of social security as counsel indicated this so issue before this court is whether the l j adequately supported her determination that mr  not consider his reported pain but that's simply not the case hale j expressly acknowledged that in june and august of two thousand and ten mr engstrand reported what came to his doctor however the elderly noted that his doctor attributed his foot pain likely to diabetic neuropathy from his poorly controlled diabetes nevertheless the doctor consistently noted that mr engstrand was still able to perceive the ten gram filament on both of his speech without difficulty in additionally thousand and nine he had a normal state normal station normal neurological signs and in june of two thousand and ten he had a normal range of motion with no joint tenderness or swelling and a normal gait and again the doctor consistently thousand and ten he had x ray showed only a mile are rightists in his right hip and mild arthritis in his right knee in addition to those objective findings the l g a emphasized that mr engstrand was not compliant with become well controlled with increased insulin levels and compliance with the recommended treatment the m j also considered mr engstrand considerable activities after his two thousand and seven alleged disability act that day pills or however he described what it made him feel like in a course that can be taken into account the pain that the person presents or or or describes right and mr inkster and i believe also the second state agency reviewing physician who had the benefit of updated treatment notes specifically rejected the treating physicians opinion because these later treatment note show that his diabetes was under better control and that his neuropathy had improved and sedentary exertional levels so even if mr engstrand could stand and walk only for two hours out of the day he could still perform at work as a ticket taker in a surveillance monitor which to be explained in significant numbers in wisconsin in some detail jay provided numerous reasons supported by the record for declining to accept mr and strands allegations her credibility determination with nat hadn't wrong and should be thank you with all due respect to counsel you know rapidly is a condition that and salts and is not necessarily reversible and improvement in one's gaieties does not equate rocky happens in that pretty much stays when you're a diabetic so this is an idea that once has diabetes was under control there was an improvement in his neuropathy is nuts ordered by anything in the records no medical support for feel with your feet the numbed us now there's two aspects with neuropathy neuropathy can either result in numbness that you can't feel or it can result in pain sometimes they go hand in hand sometimes they're normal station and range of motion also does not establish what the level of his he noids we have an x ray and findings on earth right as in his hip there needs does not establish the level of pain that he had in his can come up with a machine that the paino meter as i've referred to it on numerous numerous brief to stablish what level of pain someone has that's why we have these subjective tests that are implied by the commissioner and this method use this to assess overall credibility because what's painful to me may not be painful to you or something else and it's a very subjective situation and you have to look at the total circumstances what's involved for the more this idea that he was working five hours today and his parents farm this is not like huge manual labor i think he described at one point is he would go out in the fields and drive a tractor for a few hours but yet he was still lying down for them or the site via that he could perform sedentary work if he could only stand for two hours a day is is not realistic either when you're taking breaks you may be able to stand for two hours  dave but if you're unable to perform for eight hours forty hours a week that's not sustain employment and your unable to work in the definition under the social security act so all of this combined leads to the  conclusion that this ultimately is an issue of pain that was not properly accessed by the ail chick she made every attempt to come up with some sort of objective measures but this is something that subjective an orientation that cannot be determined the way