basis that she could perform the job of companion to which she found based on vocational expert evidence that she had transferable skills from her prior work the factual findings are not contested the factual findings are we don't have any issue with the case is one of regulatory interpretation and i'm going to just go to the core issue because of the time that we have here the core issue we are relying on language within the medical vocational guidelines commonly referred to as the grid's section two zero two point zero zero c which says that in order for a person of advanced age who is limited to sedentary or light work which is the factual situation here we will find that you cannot make an adjustment to other work i'm sorry i'm reading the wrong something there for individuals of advanced age who can no longer perform vocationally relevant past work or who have only skills that are not readily transferable to a significant range of semi skilled or skilled work we will then the limitations in vocational adaptability represented by that restriction to light work warrant a finding of disabled so the key words here are significant range of semi skilled or skilled work and vocational adaptability does not warrant a finding of disabled the commissioner is relying on language for point fifteen sixty six that on its face position which is fifteen sixty six says that work exists in the economy if it exists in significant numbers of jobs whether in one occupation or more than one occupation that section al however if work that you can do doesn't exist in the national economy we will determine that you are not disabled so if you read that work you can do doesn't exist that tends to suggest that if that exists in substantial numbers significant range of occupations so is there a conflict there's no conflict here work you can do does not mean work you have the capacity to do we have to take a step back and look at the grids the overall framework here there is it when you are determining if the fist step of disability whether there is other work an individual can perform there's two aspects to that there's the individual have the capacity the residual functional capacity meaning the mental and physical ability to do the work and hand the individual vocationally adjust to the other work ok tional adjustment takes into account the person's age there is ation and their work experience and going back to the to go to language i quoted vocational adaptability or vocational adjustment that's the critical factor here so in fifteen sixty six on which the commissioner relies on the sentence that says if the work that you can do does individual who's of advanced age fifty five years old the grid say if that person the skills aren't an issue with that person has an unskilled work history that person even if they can perform the entire light and sedentary occupational base which is sixteen hundred occupations the grid says that person is disabled the grid says that not because that person doesn't have the capacity they do have the capacity for those jobs the group says that because they cannot vocational he a pt so the only way the language in fifty fifty and sixty six is reconciled with the grid is if that phrase work that you can do incorporates the concept of vocational adaptability so that brings into the determination so all fifteen sixty six this thing and if you can do work i e you can have the capacity and you can adapt to work then we'll say you're not disabled we have no problem with that now when you get into adaptability what is that look at a four fifteen sixty eight d d four deals with transferability of skills and it says we will find that you cannot make an adjustment you cannot make an adjustment to other work unless you have skills you can find vocational adaptability is just saying to find vocational adaptability you have to have at least some transferable skills so where do we find what does constitute vocational adaptability we find that in the grid language itself and section two zero two point zero zero which were online that sets forth what is the language for finding that vocational adaptability and now in that background reading it it seems very clear enough to just have skills that can be transferred from one job to another you must have enough skills considering all of the factors to have vocational adaptability implication adaptability is defined question and i don't think we have an answer of it given your example of one hundred thousand jobs as well a thousand i would say no that's not enough one occupation in a thousand jobs is not enough because  that significant range here it's not defined it doesn't have to define it for purposes of resolving this case what is a significant it only has to say what is not a significant range one you patient with fifteen hundred jobs in comparison to the entire semi skilled and skilled occupational base just under any normal interpretation of the words could not constitute a how you would decide if the judge is right or wrong if there are sixteen hundred jobs or there was three thousand jobs so i guess i interpret it significant range to the actual well call occupations that may not be a technical  what you're saying it can be either occupations or numbers i think it is probably the language supports occupations i guess i was kind of conceding you a little too quickly there are one hundred thousand jobs because all of the language range of work is defined in social security ruling eighty three ten as in terms of occupations throughout the language discussing the group it's in terms of occupations that's not in terms of jobs so a significant range of semi skilled are skilled work range of work the occupations really is saying a significant range of occupation so i think that is a more reasonable interpretation is that you need more than one occupation you need a significant range whatever that may be you know if one of those occupations happens to be you know the most populous job in the country that makes maybe the decision a little bit harder but are you saying that if there are jobs available for which she has the capacity to perform but she doesn't like the jobs that are available in this one area or she's a she's disabled it has nothing to do with whether she likes the jobs or not it has to do with whether they can do that job but the administration has administratively said we will say that they can't vocationally adjust to that job here they're saying when you're dealing with transferable skills we're going to matter of policy you cannot vocationally just two jobs to which you may have skills that can be transferred unless there is a significant range of those jobs that exist social security r need to forty one kind of points this out because it talks about jobs that are at the lowest end of the semi skilled spectrum generally won't be transferable and that means whereas jobs at the highest end where there's a lot more skills that are transfer of all those can transfer it uses the very job we're dealing with in this case a nurse's aide as one in which normally you can't transfer because there's not enough skill transferability it's not saying there's no skills that can be transferred  there's not enough i e it doesn't meet that significant range criteria  his interpretation of how guidelines rule to two point zero see should be applied to find that the claimant in this case does not have sufficient transfer ability of skills to find to meet the mission the first time and burden that there are a significant number of other jobs in the economy that she's capable of performing we have to go back to the social security act which study that the commissioner has the burden of proving that there are other jobs or significant other work in the economy that she can form if it's shown that she can't do her past work which is  skilled job and then attached to my grief is the dictionary of occupational titles job description of companion and it's a personal care job which can encompass a number of  situation where someone is disabled and i guess in way you're defining companion anyone in a wheelchair or blind or whatever could be companion  awfully strange to me with someone who has this many actual physical problems is not found to be disabled nevertheless she has not challenge th finding that she's capable of exertional work and so that's not before the court she has been found capable by the medical doctors of exertional work with very little  his reading of so security ruling eighty three t n and eighty three and has in its glossary the definition range of work occupations existing at a and and i submit to you that what that's trying to do is define the concept of the guidelines when they're talking about occupations at each other background the question is does that represent a significant range that the commissioner's burden is only to show that she can do a significant number of jobs not occupations and  companion and the vocational expert yes that the vocational expert testified that regionally or locally there were sixteen hundred thirty nine of such jobs available and nationally there were sixty is the only place you'll find in the regulations where that interpretation would prevail and it would be a completely novel interpretation at every other point in our regulations and in the act itself it says for example in the social security act for purposes of the preceding sentence where they're talking about doing substantial gainful work in the economy full range of occupations each of which represents a number of jobs in the economy and then it goes on to talk about the range of work being occupation thank you for your art he would like to just say very quickly that this range language is critical and counsel is not bringing in this concept of vocational adjustment of what the greats have established in response to your question of other guidance eighty two dash forty one it gives examples and i want to point you to one of the examples of a carpenter and they said a carpenter advanced age who is limited to sedentary that's the same factual situation we have except it's light that because he's a little younger sedentary ends up being in the same grid area he or she would most likely find few occupations performed in the seated position which utilizes specific work skills learned and used the construction carpeting and may be unable to find transferability that saying they may find a few occupations so therefore you're probably not going to find transferability it's not saying if there's one occupation with a significant number of jobs that there's no transfer ability transfer ability of skills is one of the factors it's not the case knowledge estimate so the final thing i will say is just that the line of cases that talk about a substantial number of jobs being fifteen hundred or whatever those don't those are in a political here because those are dealing with situations in which the grid does not apply here the grid applies their specific language in the grid of the significant range of language that sets the parameters that you have to deal with you we have not challenge to do well no not that that she has the capacity to call in mental capacity i don't challenge that but she can vocationally adjust to it as that legal term is used in the regulations i challenge