good morning your honor i'm jim o'brien thank you for allowing me to appear by telephone today i have three principal points to emphasize before you today at has to do with  an adequate review of the medical records it also has to do with miss apprehending those records so as to render an adverse credibility determination on chilis since testimony and then there is an improper regarding the process question i'm certainly prepared to answer it but i think that's been fully briefed shelly's there is dispute here of course but surely suffers from a one point zero four sub a spinal confusion on the part of this tale jay there are two different medical conditions one is called a degenerative joint disease and the others the generative just disease but they principally result in the same impact and i'm surprised one thing you a medical conditions recognized in the listing itself but when you look into the decision you see that there is a finding effect two and finding a fact three the judge appears to  available to me where this court previously ruled that an l j does not provide specific clear and convincing reasons for rejecting a claim it's testimony by simply reciting the medical evidence in support of his or her residual functional capacity determination that is precisely what happened here in brown versus hunter this court said her medical records were subs summarized in seven paragraphs in this particular in a paragraph in this particular case the medical records were summarized in seven paragraphs and they are none of those summarization does the a l j time anything that chilis testified to to a reason for finding the residual functional capacity and that of course allowed him to find a less than fully credible testimony and not here to her testimony such as muscle spasms they were never brought a part of the residual functional capacity of evaluation her inability to walk on an even land uneven ground or at a reasonable pace some other evidence in other words there is no comparison about when chiles testifies that when she went through the hall she sometimes has to lean against the wall or take a break or sit down none of that none of that testimony is considered when she testified to vacuuming or mopping floors the fact that she have to take an hour break in order to clean it a ten foot by twelve foot surface area that's not considered not he was free if he wanted to to find that that was not believable but he didn't actually discuss it he didn't actually use the language of brown versus hunter which is to say you've got to do something to tie each of your findings and lin of having to speculate as to what the a l j meant and this court will not speculate if it's not actually set forth in the decision that is made i occasionally even immediately after her injury when she was about rated by a disability doctor she was only found to be two percent multiple elements of the re him right now but yeah i need him to reconnect i don't have the ability to to just connect directly to him and my  one is that this sale jay never incorporated any of the testimony that was provided by shirley's two into a question to the  vocational expert we do i understand that he's free to disregard that part of the testimony that he doesn't believe but apparently it wasn't entirely rejected testimony and he never incorporated in the if that evidence into any of the hypotheticals that were provided he just went to an r f c hypothetical and we think that was error by this  testified at hearing that she had difficulty with sleeping she testified she had ongoing muscle spasms which it's incidentally were part of that objective medical record she testified to ridiculous  ridiculous symptoms of ridiculous at the running down her left leg and by dr none of that was incorporated in any of the r f c s or any of the questions hypothetical questions and yet you i think this court is left then to speculate as to what it was the l j thought might have been a reason to disbelieve or because it's not specifically provided for in the decision which is