he suffered multiple serious injuries including a traumatic brain injury was treated in the hospital more than fifty times since his accident despite this robo return to work and he continued working until may two thousand and  he did not put any disability claim period prior to two thousand and eight and like you now focus on the g s main errors that require a person here as part of his application for disability visual displayed memory was in the point one percent tile that's a very low result use general memory was in the point three percent and the able jane mentioned this evidence in testing for a simple reason that social security is not generally every patient has its offensive it's not to my knowledge i do not represent robel at his hearing but i looking at the record here which has lots and lots of medical records from earlier time period when i believe his medical treatment was being covered by california victims compensation three from the current period it's not my understanding that he actually ha medical insurance and that would explain i think why there isn't a whole lot of current treatment there is not having this i have we have dr dixon's report and your your claim the error is that you don't know what weight was given to it what we don't have here is a neuro psychologist who could tease out executive functioning from the memory functioning and all the details but you're right what we have to go with what we have what we do have here is on it's thousand and eight i don't have it right here several years well yes they do put that on there now what's interesting about that is the work he had done continued to work sporadically actually between two thousand and two two thousand and eight if you look at his earnings record in the in the in the in the record he's earnings were never all that large because he was about mostly working part time because that's all he could handle and much of the work he did was working it seems like it was working with people with with some sort of disabilit certainly his last two years of work was as a caregiver for his foster brother who had down's syndrome that job required no lifting and it was for some sense of your family member so his ability to do that work super playing offense then were that he was no longer he was missing work even in taking care of his foster brother because he was having to go to the emergency room he was having health problems he was missing work the other precipitating event was he could no longer handle even the stress of i think if that's how you serving in the los angeles area and he couldn't handle it and so he got out of there and moved to washington state so those were the two why did he stop working because he was missing work he couldn't even handle working for his boss or brother so it argues that it's harmless error assessment lit the only thing that comes close is that she limited to rather all too simple and some complex work well the complex work part just doesn't make any sense with that and with that level of memory rogue all testify about his limitations on standing and we're walking and his need to change positions and needs a lie down and the fatigue that he experiences and the ails he actually has a station where she said yeah ok he's got i agree he has severe back pain and he has been seeing it cetera but then none of these although she she said he had these things the limitations that are associated that doesn't show up anywhere a person using a cane isn't going to be able to do light work which is what the l g said he could use she said if you do full time light work she also didn't have any limits any any including the residual functional capacity his need to change positions and his need to lie down and the effects of this for team now it's unclear if the diagnoses and the record of chronic fatigue syndrome is diagnoses of addison's disease which is somewhat  disease and the treatment helped but part of that disease involved when he would have feel an attack coming on he had to take medication and he had to get in bed so  three times but as part when we first saw him robo brought in his medical file dr mince you're describing it is being taken in she's fit documents here said after reviewing this extensive medical record i don't think he continued straight on through two thousand and eight when he when he moved to washington state so it wasn't just that it was the only heavy risk that there was ongoing treatment throughout the time he was working which explains w robles testimony was consistent with that those it's those limits he sions that i think the error in rejecting and once again the decision on whether a person is disabled is off the judge it's not up to a doctor may please the court jordan goddard appearing for the commissioner of social security good morning mr rogel certainly had serious medical problems actor's accident in two thousand and two however the record shows that he recovered sufficiently in order to return to work the first of all i have to find out that i haven't actually grief that because that argument has never been made before before now that i'm aware a second of all about not returning to work full time that is completely erroneous i don't know where of his of his brother he described that work as twenty four seven work he he definitely described it as full time work he was even if it wasn't full time work he was well he earned actually more than twice the minimum amount for that year that we consider to be substantial work so he was working full time at that job and being paid twenty four thousand dollars a year which is well over the presumptive amount for significant work activity there is no indication that his his work activity was not full time he may be referring to a job coach job that mr rove will work i believe he left that in two thousand and five in that job he also worked with autistic people has a long history of working with people with special needs at that job he worked thirty hours a week and he was also at the time still working part time as his brothers caretaker and being paid by the state of california he doesn't tell us how many hours a week he was he was for like to point out that he was working for the state of california actually he's being paid by the state of california and if he's now alleging this reply brief that he was affectively the fraud in the state of california and not doing the work that he was claiming that he was doing i find that interesting evaluate whether this was real work and it's got things like i got help from others doing right job i was only working for a relative or friend and therefore in the lower standards there's a whole list and goes on to page one fifty of of different conditions that could qualify as special work conditions that would indicate that this is not sort of real work and mr wrote check no he said he made the claim to social security when he filed his application if this is a real full time job and he had expectations that he was expected that he was held to and that you apparently met those expectations for years so the claim that this wasn't a real job or that he was working part time is simply not supported by the test scores and dr dixon's report and he says and i quote dr globally after evaluating all of these memory scores he says his scores were sufficient that he should be able to hold down  bottom line is these do not prevent employment and then when you throw in the fact that the memory problems presumably originate with the two thousand and two accident mr ruggles a young man in this twenty's is so he's not he's not to the point where we expect to see sort of memory deterioration with age the only only real explanation of where these memory problems come from is from this accident however he he worked and in fact his his neurologist at the time two thousand and seven and frankly difficulty finding work in two thousand and eight doesn't surprise me as someone who remembers the economy at that time and was in fact looking for two for work so i think there's more than one possible explanation for his condition after the accident and it correlates with his medical records of the time but if you look at the medical records from the period where he's alleging disability he doesn't have those your logical issues talking about  and the fact that what she was describing seems to correlate with the medical records earlier in time before he's alleging disability he definitely had your logical issues after the accident he had multiple reconstructive surgeries but his his doctorate at the  more than if your main reason for rejecting that testimony if we want to turn to the other way witness statement i believe it was mr brown  now and i've heard everything you've said and i've been unable to respond to mr brown says oh my gosh i'll take you to the emergency room if you want mr ruddle says norm and that's the end of us and so again we have on your twenty third paragraph in february two thousand and seven the claimant underwent a wonder when a comprehensive work out at mission hospital he does not identify doctor posts to go by name he refers to the records roag only use paper plates because of dropping things his observation that he never seen him stay in one position for more than thirty minutes is that to twenty six to twenty seven to record mr brown expect somebody would need a memory problems would not necessarily impact him from doing those two types of jobs and the for teens in the record thing with helping you out child adult he was doing the job he was doing it to the best of his ability i don't know if he knew how well he was doing it how i don't know those details but there was no reason for him to endorse any special