you're asserting that it was clear and i'm not seeing in the record where that is clear the country the record seems to indicate that the resident supplemental play on was not part of a menu of options you get to judge b was this question as well here within the record in the record to where there's an indication that there was something else going on other than ford saying if you want this residence supplement p him like they do in other cases they didn't administer that none of the claim he took care of it all on his and in fact was a body he bought it from henry ford hospital the resident supplemental disability insurance plan that's what we're talking about no no the second one in may which was called what the policy was an individual policy all through the record you know treats it like an individual policy it says on the front in the usual policy push no reference to a group number them that didn't perform their fiduciary duty and he shouldn't be punished for that and should reinstate him up to the present time so in that sense i think the relief could be the same regardless of whether w two places one of the fact that they paid residual disability this is my question i'm not asking you got it how you interpret the facts i'm asking you can you point us to some place in the record where physician or anybody else said he cannot do case i missed upon his theory and it goes to your question that his occupation was limited to recognize special to share interventional radiology the problem with his argument is that his occupation resident limited to interventional radiology and fact that was very little as to what he actually did well when you say that was very little  what he did know you were playing the definitional game right because the case brought yasser says we look at what the job is that you're doing right and the only evidence we've got about that comes from two sources th analysis that you folks did and dr long steps the movie about how things were and the hospital dr wong said as judge b this just laid out that everybody does windows here nobody's just do interventional stuff we've got three people on staff who do interventional work it takes a lot of time to do the intervention work but everybody's going to work weekends and everybody's got to do the diagnostic work so if that's the way people job actually works in the real world and that's the only evidence we have about how it works in the real world how can we this is i think the question that was being put to you how do we look at that record and say well that's not an interventional radiologist there's just a radiologist  also say he was hired as both an intervention on a diagnostic radiologist he was also said that the way it worked was dr mccann would perform a diagnostic radiology two weeks and that he can't do that work with data and the case in his favor it would be absolutely not in fact it would not be no reason why is because he under your scenario he is still substantial material duties than bill comes ok so he's hired with a notice that his position is going to be walk twenty eight hours of interventional pos ten some other documents say twenty percent to thirty to thirty eight hours of a sixty people's just needed our on the contrary he said and this is not very legible in the way the appendix comes comes out but the answer that you've produced for us on  vastly more time so the question to you is a sound very sound one why would we do with the district court did because the district court judge said you can feel so explain how  eventual diagnostic procedures impacts the data how could it not impact our decision if what you're doing with most of your time or a substantial part of your time is an eventual work who who cares what the se wrong stated that he only did interventional radiology the wrong of every three weeks that there was a rotation and so this isn't a case where the majority substantial doing of his occupation and that therefore under this court's opinion for example into that she is not total totally disabled duda yes i'm correctly reasoned with difference my colleague but the essential rule of being an interventional radiologist be severely impacted here because he cannot perform that even though he can perform the diagnostic part that is  as as you've heard he was hired on the basis of being in interventional radiologist as well as the diagnostic titian and he can't do that any wrong hurt it's not considered rude or a thing but in this context for making a record of all this i'm probably going to go back and listen to it i'm not going to be able to hear us if we're talking over each other so yeah you