night having gone through many social security hearings where we have the experts test the back testify by phone i'm used to talking to the air and then hearing a response fax or judge gibson thank you for being here with us and taking the time to listen to my i certainly believe the policy of having to have cases done twice when they don't have to be done twice and you can be is not only of the administration of the certainly the burden puts on the claimants should be considered the standard of review as  it's is that the case should be reversed rather than we mandated if the a l j his failed to provide legally sufficient reasons for rejecting the evidence there are no outstanding issues to be resolved and it's clear from the record the tree physicians the district court agreed with that as well were those things done properly were her it was we're testimony and you can use the three physicians credited like they should have been we have a lady who is limited to working in a couple of days a week she testified that she asked for bad days a week because a five miles or which she rest most of the day we have a medical examiner who testified that he didn't know whether she had fibromyalgia or not but if she did her s in his records are in the transcript trigger point injections of cortisone every other month year after year after year this isn't a case where he center just the biofeedback or prescribe  security ruling indicates that as far as the athletes allegation you start with the application and the alleged answer taking application is june one thousand nine hundred one then you look at work history and you do that by looking at the earnings report which lady this is not somebody who just walks into a doctor one day you know so i think the record speaks for itself i do not believe the occasional testimony is necessary because the rulings make it clear she can't do sedentary work at all that's the be here appearing before this court today mr lifton started out by telling the court that this is a policy issue and reminding the court that it was  reversal issue and i would like to redirect the court's attention to the policy involved here the basic standard of review that this court has before it is did the district court abused its discretion  that would have been a de novo review the appeal was brought attacking the remedy fashioned and that remained whether it should have been to order the commissioner to make a media payment of benefits versus conduct  additional proceedings in order to cure defects that we ourselves admitted had occurred at the administrative hearing level and that is the policy that i ask the court to keep in mind the very doctrine of anything left as a matter of law and what is what's left i mean if in fact you credit the testimony that you can work four days out of a week what's left to argue about here factually i believe that helen is asking this court to credit as true evidence that the district court chose not to credit as trooper but under our law we don't we credit as a matter of law the unrefuted or the improperly rejected testimony most of the cases in which treaty position opinions i have been rejected by the a l j or which the claimants credibility has been rejected by the a l j are indeed not clear from the record that she quit working in june of ninety one because she testified that she kept working until about june of ninety two that she was working even after she had her carpal tunnel surgery what example she kept bowling until nineteen ninety three and that's hardly consistent with disability and inability to work from one thousand nine hundred one these are factual questions which should properly be samples now and we're looking back from ninety six one year or two years it seems to me that makes a big difference because it seems pretty obvious she's  jury determined that she had a temporary period of disability following that in order to have a reasonable recovery recuperation but it was not until a year and a half after that that it became apparent that next surgery to relieve her problems after the bilateral carpal tunnel surgery didn't believe her problems her dream physician dr levitz began trigger point injections every other month since april of one thousand nine hundred two which also be li