and i could hear myself being amplified i think i can hear you i'll put him back on if i need to thank you but aired here as a matter of law in fact and not giving controlling weight to the opinion of the long time treating primary care physician and he discounted is opinion but he never asked the doctor to explain his opinion  though testified he could not sit or stand and walk for eight hours a day that means he's unable to do work and dr kapono asides from treating him for his severe spinal impairment treated him for a depression with medication as he noted his memory loss the clinical radiological tests showed a nerve root displacement that  other doctors all of the the pain specialist and the doctors noted his physical symptoms and his pain and his limitations caused by pain and that supported his credibility to put those wrote in the medical store statement that mr rush force was able to sit for only one hour at a time yes and walked twenty feet without interruption but my understanding was that mr rush forth himself working but the nerve root in pain is not getting pain management because the injections weren't working yes it was the contrary no i believe if you look at the record there's testimony that the injections didn't always work and that's why he stopped they did work at at some moments why didn't if the injection wasn't working why did he go months without seeing pain relief after one of those injections well he tried to pain relief and it didn't work he was taking medications let me if it's ok let me move on also his mental health records showed that he had severe impairments over and over again showed his auditory memory was in the th percentile and it showed he had difficulties with speech and thought his speech was broken and stumbling but based on all the the air and the disc district court erred by not considering all the evidence that you have to look at the evidence from both sides and using that standard it isn't look i'm actually and limiting him based on the nerve root displacement and that is such a severe impairment that will cause pain and i think it did support his testimony and i think the did was grudging and was cherry picking and not finding that he was not able to work both from his physical and mental impairments and the district court erred by not weighing the evidence and by and appropriately applying the brawl test which is really an accurate because in the broad case that court said you do have to look at all the evidence from both sides to make the determination and they held it's a very the district court held it's a very deferential and only a no person could or a person would have to rule the other way and that is not correct we really have to liberally apply the social security act dr kapono treated him for many many years you're saying that the substantial evidence test is i thought no no it didn't say it was different but the supreme court has always and the nd circuit is always a plus that you have to weigh the evidence looking at what supports it and what opposes it in the security standards i don't believe there was enough evidence to dispute what by the district court was only part of the ruling brought also did say you have to weigh the evidence from both sides and in this case the district judge never cited universal camera never cited mongerer and all of the nd circuit precedents that hold you have to look at you have to weigh the evidence and that's what the district court and this court has to do and i think the district court did not  in this case but also reduces the primitive value of the subsequent favorable determination what was the determination of what he was able to do you hear me you know i read through all of this and i  and that he only had moderate limitations but there's back to activities including walking and standing sitting excedrin and this court has found that such limitations are compatible with light work and distantly we have his own  work would he be able to perform if you look at in the end that others would want him to perform right if you actually if you look at the record in this case they all say thank you very thorough consideration to all the evidence and as the and upon himself known at the hearing while he didn't have an episode where he was hospitalized for psychiatric reasons he subsequently improved significantly he noted at the ministry of hearing that despite his psychiatric  condition he was able to do the things he needed to do and here part of it that he and a while white or interactivity as he went to new jersey to help his parents and socialize he went to the library regularly he attended meetings he was able to cook clean shop for the things he needed except which shows a pretty high degree of functioning he should be around here so the recommendation is you can get a job with him as a parking lot cashier i think additionally they all just finding was consistent with the forms reports given by his social workers which also supported that he had at most moderate limitations which are all consistent with the detail finding that they all but what in the record apart from dr kapoor speaks to his ability to stand or walk and in particular that he had the capacity to stand or walk for six hours of an eight hour workday it was unsure i saw anything though and  i told you that i could run a marathon in two hours ok maybe that's what i believe but i couldn't do it so it seems to me that he has got these mental impairments and of the  impairment but to the extent that he was claiming a complete disability and complete inability to work consistent with other evidence of the outline including his activities etc the opinions of certain training providers and just wanted to just want to make one final point with respect to the m  schneider let me try to address those comments there's no evidence that his conditions go worse the reason the nd period was a year and a half or two later is because he didn't reapply condition did not get better and it didn't get worse it was really about the same if you believe his testimony that he could lift twenty five pounds or would walk out of with it we believe it now but let's say if you  arguing that that's the terminal to moderate limitations mentally and physically do not allow a person to do full time sustained sedentary or light work so even if you go with what dr walks of said or what counselor gussy said having moderate limits would not allow you to work on a full time sustained visit  basis being able to do some activities going to a going to church those are all held against them and we have a lot of case law that you don't have to be a total invalid and he stopped doing those activities because he couldn't disjointed that he thought tangentially he's not the kind of person that could ever get a job as an usher or or whatever or that an employer would want to employ i think that's your well to maintain employment he work his his counselor suggested to feel comfortable he were a comic character cape because he wanted to be a comic book writer and then he kept wearing it around town is that the the district courts have i don't have a cite for you not that i don't know but certainly it is a factor to be considered thank you very much very much will reserve