page four i have the statement that unfortunately i noticed last night that the judge rejected barker's evaluation i don't know where that came from please strike it it's unclear where that came from  concerned about the lack of findings in the five but sitting close examination here i don't know that that's a finding let me ask you this you obviously were not present at the examination no just the claimant and his wife your claim i was on the stand yesterday why didn't you ask him how long you could emanation was at that point the motion had been stripped had been denied well had been denied but the credibility was that issue but what you say is not is not evidence i understand judge sonia and the opportunity to learn evidence into the record and you're now trying to use the idea that it was a five min examination or a very short make your motion which actually and then the judge does what he's going to do with the motion and then at that point you go through with the hearing the i understand what i'm what i'm saying is even declines to strike and i noticed the you did not ask your client on the stand whether specific tests were done i mean he examined actually a loading test markers as you did you don't ask your client whether he did those things  way he list it sounds like he generated this finding based on the claimants testimony because the claimant testified that his numbness and pain was from his nothing in the record i don't believe he has any specialty i don't know you don't know i'm aware that he's a general practitioner and he sees only social security claimants i'm aware of this record there is nobody asked him after hearing there is a record evidence of this the judge said that he sat all day watching t v and also dr barker says that he watched t v all day there is no testimony that he sat all day watching t v and in fact at page one twelve of the report which is of the record which is the claim of disability report he sta lays on the couch he's on the couch watching t v and then he'll go over and mass with his computer checking the e mails then he'll go back that a couch and watch t v and then he'll go and sit outside and think about his situation and ruminate on his pain what exactly is a physical disability if you had a motorcycle you had a motorcycle accident yesterday that's a very good question here  serious compound fracture of his right leg it was people break their legs and they get better yes sir they had to put a seventeen inch rod in his leg that stays there they are not able to take it out this is causing pain  he uses a cane he also has pain when he sits and stands now here's a crucial part of the administration hired dr barker to close a hole they didn't have any information on the back of the spine now the claimant says he gets back pain from sitting and standing too long dr parker a spinal x ray and his report is almost completely on the spinal problem he doesn't even he says that the scar is well healed and he mentions on the leg he mentions that the claimant advised him he had a broken leg but then he goes through much of back tests straight leg raising and things like that he never gets to the leg now he does get to make sure he gets  apparently the test that he's not colorblind that's in there he does get to the test that his acuity far and near are fine he gets to the test that his hearing is not intact if he gets to the test that his speech is not impacted he gets to tests including some kind of waddle signs from the claimant's comment not an actual test he gets to those all of those tests reviewing pain constant pain it's distracted he says it interferes with his concentration he's also not able to empty laid adequately they have to put him in the security job security guard job what happens with that is there's a fair bit of walking and things like that after the testimony that's in the record well if you're right if you win today what happens do we send it back to the l j to come up with a different residual functional capacity assessment and then have another determination of what he can do given his correct limitations if that's that you're asking for i don't think it's too late after the judge rejected  to the doctor's findings so i suppose you can go back now and determine whether or not he was disabled perhaps back in two thousand and five but i don't know that that is something  have to go back and say ok now that i know you can only sue for x hours and you can only stand for why hours i have to look and see what kind of job you can you can do with these limitations or if anything  try to answer that question again because i was not clear the problem with that is his insured status and that in december of two thousand and five so what we have to do is have a time machine to go back prior to that date what would you have us do today if you win what would you have his do i would have you order the secretary to award benefits and remand for calculation of those benefits without any finding of the a o q what is what is residual functional capacity is given dr social recommendation this well actually we already have the ves testimony at which the judge  his opinion that we get no record as not arising directly out of his treatment i gather that he treats both mr peck and mr peck mr peck comes back in quite  sometime after his leg is basically he'll definitely is no longer being actively treated by dr saussure and dr stone says ok well here's here's here's the disability from which you're suffering but it's not as though treated have some response to that look i'm saying that is there some reason to treat this a little bit differently from i've been treating this patient for five years is still under my act of care and here's what i now here's here's the situation doctor should did the surgery immediately and in june of two thousand and six we have records from him that and at a certain point two two thousand i think i said two thousand actually in two thousand yeah ending in two thousand and two and then we had the other treater tia's believe his name is is treating him he is grabbing the only thing apparently that is left to him which is pain medication dr social did not recommend physical therapy he did not recommend further surgery this man is in the condition he's in and then later in june of two thousand and three he does a full of valuation of  his work basically that he had done years before not years before he had seen that the man less than a year prior and then at that i think it's nine months and then at that point he issues as r f c based on not only his treatment history  he's the guy that worked on the leg but he never treated him the back no there was nothing wrong well very minor degenerative changes are what shows up in the x ray but that that wasn't what d even though i've been doing this for twenty years you read the met the operative report and maybe because i had a broken leg to butt in in any of that it's a serious serious problem and the only thing they could do is put the rowdy on and it can't of or i suppose they would have taken it out they did take the wives material out but she still sounds somewhat bedridden thank you counsel thank you very much within an hour and thirty seconds and i can't tell which it is without testimony and there's another record that there was nothing else complete examination there's history for one but when you go to the actual physical examination of the claimant that regulations do say that these physicians decisions and psychologists who are they highly qualified whether the doctor or the claimant whether they're the doctor for the social security administration are only case we have some suggestion at least that dr barker is the last around throwing his examination although as you can tell from my questioning of your adversary i'm a little nervous that we didn't actually ask mr packer how long the there maybe not that long if the secretary loses barker he loses both the disability determination services evaluat because they not only rely on parker they quote him they put it out of order but the words are the same also objective evidence on the need after soche or in his records repeatedly refers to no work would occur and we asked that mr pack be granted the social security disability insurance benefits that he has paid for in his taxes mr wynn says the dr barker looked the back pain that doctors associate talks about doesn't necessarily come from the spine as we've talked about earlier as far as what else here's how you get beyond that as i quoted in my brief d