public speaking this morning mr model because as we know you can speak for himself at least in english and i think that this is a case of first impression so far as i am aware regarding the need for a translator in consult orthopedic surgeon was depending to decide whether i was going to have surgery or not what's your point that there can ever be an interpreter in a case like this my point is there's a big difference between the criticize someone who operates through an interpreter that isn't what happened here dr giri did not operate through an interpreter how did he operate heath actively didn't when it came to actually communicating with mr mata he did spanish which she could understand nothing wrong with that so far as it goes nothing wrong at all and problem was it wasn't followed by an actual psychological examination by the psychologist so there's nothing to do with translation have a situation like this that operates through somebody who's interpret in a language as the doctor have to speak the language of the person the doctors to feel he does not have to speak the language he does have to have an interpreter when he speaks with the person being examined and you know this is what the commissioners own regulations say this isn't something i'm coming up with this is novel i'm not arguing case law our interpretation is the commissioner's own regulations  take some tests he should've taken wasn't the testing that's the problem judging him without me respectfully correct you about one thing that's why i'm asking a question you've used the word translation there has been no translation  yeah because i'm trying to focus you in find out what your problem is is the problem that somebody with the right credentials never took never himself personally examined your client in the way that you  that has nothing to do with the translation or interpretation or anything else it's just the absence of the test or is that wrong it is wrong judge the testing is one part but it's only one part of an examination of the medical materials i put in my brief talk about the importance of the clinical interview when conducting a psychiatric or psychological consult that examination these examinations go whatever we're calling them are perfectly acceptable in and of itself and of course that's not the case the commissioner does require that there be m d s or ph d s who are so called medically acceptable sources and that's what's lacking here because i hear you saying there must be an evaluation done between the medical professional and the person involved that's the that's the problem you see there wasn't one that is correct let me give you a hypothetical and see how you would this case to personally sit down and ask the questions and hear the responses a second way of doing it is for a what we would call a paralegal or  come in and do the interview make notes in turn that reported interview over to the six colleges who then evaluate the case i take it what you're saying is be the second alternative would be unacceptable it is under the commissioner's own regulations yes and your argument here is that the intrusion of a language barrier so that the psychologist themself could not in fact is he saying the judgment of remained is in or are you saying it's the judgment of remained isn't that issue it's the other stuff it's that issue you understand my question well it's i suppose we wouldn't be here if he vocational expert testimony as the district court did in this case and at the end of the decision the the ninth circuit stated that it did not have to address the other issues even though the claimant argued that they would have constituted a separate basis for immediate pain and disability benefits the court found that there were enough unanswered questions in the record and that the district court properly exercised its discretion by revamping to resolve those conflicts and get that additional testimony  test results in her interview you know properly make his conclusions which were very consistent with other psychological examiners and in fact the one psychological examiner that stands in contrast to the three in the record w language barrier might might be an issue but certainly not in this case and i just want to address the caspian which is this supplemental site that the claimant had that submitted the other day  testimony remains and or are you telling us you don't want that you know that's a given because the commissioner didn't watch it given the issues upon which the district court ruled in mr modest favor the incomplete hypothetical to the vocational and those are very strong cases for crediting is true and remaining for payment of benefit what are you asking us to do and why i am asking you to find it improperly relied upon dr geary's report because there was a language own language then the vocational experts testimony was that a person so limited would not be able to work that is uncontested testimony from the commissioner's own expert  considerably less than half a loaf in my personal opinion would result in an in another more technically proficient unfavorable decision and that certainly is not what i want ok th