in this matter but they do give some perspective long term outlook on it and so i'd like to discuss it first without reference to those two pages but your honor the history of julia borough is that she was when she was just three years old her parents separated shelley starr volatile biological father three or four times the record states that she her mother remarried she had a very strict mother this severely spanked her as a as a child growing up her mother and father stepfather all died she married three times very short first marriage short second marriage her husband was abusive to her and then thirdly she's been married now for over thirty years so this has meant that she went to work at safeway as a grocery clerk and worked for over thirty years she received many awards why she was working for safeway and the records from all the psychologist much a team player and she has unfortunately she had several significant injuries during her life beginning in one nine hundred seventy she had a cervical fusion she had a lumbar fusion that ministry of law judge said that currently when he saw judge said that he was denying her mental claim that step two step two course being that if it's to get rid of frivolous claims and demand in the screening device and so our position is if we can show that her mental impairment slask to twelve months and more more than at least mildly affect her work activities then the decision contains a legal error and should be at least remained in this particular case the reasons that we feel that the judge committed legal error and h two of the mental impairment he said that he gave way to dr vanderbilt's at one time l and i examined her that examined her for psychological over her treating psychiatrist dr harrison that saw her on a regular basis on many occasions and interesting note is that dr vanderbilt in functioning gave her a more severe functioning rating than the treating doctor did dr harrison had given her a global assessment function after she for fifty five to sixty lower than dr harris and it's in fact rather than higher and he said not only was that the current gaffe score late in one nine hundred ninety eight but also that was the highest in the twelve months preceding that fifty five to sixty dr vanderbilt the difference between dr vanderbilt and dr harrison was basically their conclusions dr vanderbilt stated that he felt she could return to work with certain restrictions dr harrison felt like she couldn't return to work but there's no doubt that there was functional limitations and more than mild restrictions on work like activities for her mental impairments dr vanderbilt says the record is very well developed that she has a true bipolar t was positive for clinical depression and m m p i which was possible which was positive for mood disorder and that he felt it was well documented in the records and on his clinical interview that this lady had a bipolar two disorder bipolar  tried to commit suicide she wasn't hit by the car but she was taken to the hospital and she was hospitalized for a week at the psychiatric hospital in yakima washington memorial hospital there dr harrison says she should go through a partial hospitalization so she was in that program for a month of intensive outpatient partial hospitalization after that to put on the yes that she's put on she was on first put on meds in one nine hundred ninety one for depression and that's kind of why it was given a and he didn't incorporate that as far as the physical side on the mental side he didn't incorporate anything didn't give my recollection of the record is that someone along the way one of the doctors suggested that the only place she could work if she could her alleged onset date is march of ninety eight so this kind of this year period that judge jeff was looking at was march ninety eight to march ninety nine and there are mental health records where on twenty different occasions during that period of time dr harrison saw her bipolar disorder with not severe for the requisite twelve month period what happened here is her she worked with this condition has worked with this condition for thirty years so d vanden belt said that this has been a condition that's lifelong it's genetic biologically based genetically determined in a lifelong mood disorder however in march of ninety eight when she stopped working she had an and he she worked for many years and she wanted to continue to work they switched or over to the video counter she was working there but she because of her mental  problems what had been an extremely competent person suddenly couldn't remember to lock up the video cassettes at the end of the day or to get customers deciding receipts you know this was a very sick  given the pain clinic in this season in one thousand nine hundred seven february one seventeen may have ninety seven she participated in the pain clinic and made remarkable progress at the pain clinic then she went back to work again working just part time twenty hours a week the opinion of her trained physician dr harrison pro or a number of reasons one that they lacked objective findings that they were inconsistent with dr vanden plas more detailed examination which did have objective findings and also that he was functioning as an advocate  as i stated dr vanderbilt opined that she her bipolar disorder was something that was lifelong she had been dealing with this and it was only recently in march that she had an exacerbation sixty and he noted that in the previous year she had been at seventy but let me just mike let's go back to one of the things that bothered me with the two different i mean is from march of ninety eight and from november of ninety eight are the same in that they're consistent however they're not the same they are different you have to read dr vanderbilt's whole record his entire report and throughout the report he says that there is no reason why she can't go back to work he says that there are no psychiatric no psychiatric contra indication your return and i'll go to you at two sixty he was answering a letter to ring your case management and is miss her release to work as and then there are a number of i don't know it just seems very difficult to me that somebody who can't open a drawer and suddenly go back to work at safeway i mean you know i'll be honest i'm not speaking for my colleagues but you certainly haven't convinced me that this woman isn't very sick well your honor she was very sick for a short period of time in what is in the long period of time in the period of time that she couldn't may temporarily help her something right this bike may temporarily help her mental problems on a temporary basis but it's nothing to do with her physical impairments and it seems and in the meantime you have these severe physical problems that haven't gotten much of any better and it's just they have a real hard time with this case i usually agree with us all security ministration but i sure don't agree on this one i don't think what you are in my twenty really seconds i would like to point out the physical impairment all the owner well meaning evidence  physical impairments are not severe enough to prevent her from going back to like work it's like work greeting people at the door my time  credible and i found what i found difficult about that is that even though i think their own doctor suggested she had to report her symptoms so i mean i don't understand that's why i say this does not appear to be a woman who is out there you know is as we often see on i'm sorry to say trying to get a free ride for the rest of her life back in ninety four she went to a doctor and the doctor says i'm taking you off work you're disabled physically and she said no please don't do it dr and you better go back to work part time and she worked herself back into it but here's some important dates i think your honor in the record from dr harrison's notes april twenty two ninety nine more than a year after her alleged onset date her medication levels are right where they're supposed to be