thank you your honor may it please the court in the social security case the administrators of law judge made three legal material errors any one of which makes a remained necessary first the a l j found that  has moderate to fifty difficulties with social functioning but failed to include that in his residual functional capacity assessment or in the hypothetical question to the vocational expert secondly the administrative law judge found that m has moderate difficulties with concentration persistence or paste but fail to include that in either the residual functional capacity assessment or in the hypothetical question to the vocational expert and  l j failed to evaluate he commented about but he failed to evaluate a statement from miss friendly's husband about things that she could do things that she couldn't do and all three of those are our legal errors so your opponent the commissioner argues that even though he doesn't talk about the social functioning difficulties he i guess i must say implicitly addresses a good argument i don't know whether you're saying that's not a good argument period or whether it just didn't happen here and so it's not helpful i think that that the case law and the regulations and the ruling say that those things have to be explicitly well either explicitly included or in some other way fully accounted for and that's true of both the state of modern  social functioning and that's also true with the modern difficulties in concentration persistence or pace with respect to the social functioning there saying well you just take away her stress and then she'll be fine in interacting appropriately with other people and first of all that l j never said that and secondly i don't think if he had that there's any evidence of that if he had we'd be talking about that because there are lots of notes about her inability to control her anger she even would get angry in front of her kids she apparently was not a very good coworker according to the evidence suggests she got fired from a couple of jobs for she certainly does the last job that she had she got fired cording to the employer she got fired for three reasons tardiness absenteeism  performance well you know i don't know what poor job performance where she had been told a couple months before that that she would be let go if she didn't start playing nice was where they were what if she didn't start playing nice work were her words to her counselor you know what exactly she was told but clearly the import is she she wasn't getting along she was being a problem coworker and and you know you better shape up and be a team player or we're going to have to let you go so i think those kinds of problems have nothing to do or only tangentially related to problems with tasks low stress only occasional decisionmaking only occasional changes those are phrases one sees in a lot of social security cases where there are various kinds of mental health issues right and if i understand your argument correctly here it is that those kind those particular accommodations don't actually fit with the social functioning difficulties in social functioning i limit her to no contact with the public no more than occasional contact with coworkers and supervisors we wouldn't be arguing that you know i just said your argument looking again it's artsy you know there's essentially to say that you could be in a job that called for simple routine repetitive tasks that maybe you part of a team of thirty you know doing it which would not really fit her exactly yeah exactly so yeah with the social functioning i don't i don't see a word in in that r f c assessment that that comes close to accounting for the difficulties of social functioning and then then the hypothetical question did track the c so we're not arguing about that but it's just both of them failed to account in any way for the difficulties reception functioning with the with the concentration persistence and pace and spinner decision you're pretty much was followed along with o'connor spinner then came fargo and what happened in vargo was you had a jet on a l j had found moderate difficulties with concentration persistence or pace and then said ok simple routine repetitive and no  fast paced production so it went beyond what had happened in o'connor spinner in europe and this court said that's not good enough because we don't know what fast paced production is you know that's true very is it too big that sometimes we see that a person's own pace when you when you can trying to do that where somebody is capable of doing things but they can't do it in assembly line next person down it's going to be waiting or else stacked up with you but this is where you see the problems and all of these there's that person that can be very capable of doing that job and that's when both laundry and doing some other things that if you got some he's not pushing it you can do it ok right and that's the same problem you know in fargo the problem was fast paced production in this case the problem is fixed pace production but the problem is the same in that you're saying ok we're going to let this person work at their own pace when my goodness you know if that pace isn't adequate they're not going to be on that job for very long it would have to be the kind of job that you could be paid almost for piecework you know and if you don't do very many things during the day took a page every much if you do more you get paid more  for the at least the methadone use here look pretty dramatic i don't know maybe i've missed some of the changes over history or over the years in question but that she was up to right right now did she get off of methadone or reduce it dramatically she's no she with the help of her doctor wean herself off of that so yeah and she had a long pretty steady work history been right there and there was a time if you look at her entire work record her early like her twenty's were not huge numbers but she was working and you know why that those numbers were small it doesn't say in the record per se she did have children that's my guess i see i'm into my rebuttal time but i also i don't want to waive my third argument because i think they're there the statement of the husband at but he doesn't say i accept that i reject it or accept these parts and reject these parts right  no substantial functioning issues that's on transcript page thirty two so we're not dealing with cases analogous to ones that this court has decided before what would we do with  j's reasoning dale today had a very specific reason in both categories for assigning a rating moderate you must remember both state agency consultants unlike the vast majority of cases that barely realize rated her as mild they l j knocked it up one level for for a very specific reasons and that can be found on on transcript page twenty two so the only reason the l j said that justify the rating of moderate was that she indicated some social issues with respect to her anxiety disorder and then later on in the decision  that increased stress affects her pain level and may cause panic attacks and then there's a summary paragraph on transcript page thirty two that tries to throttle together so it should be noted in the function reports that brinley submitted and her husband submitted there are specific questions about social function in the workplace so if you look at transcript page two eight how well do you get along with authority figures well have you ever been fired or laid off from a job because of problems getting along with other people no the husbands report how well this disabled person get along with authority figures no problem here has she ever been fired or laid off from a job because of  problems getting along with other people no so there's not and they all jay said the you know the sentence that i read at the beginning of the argument they all say in reading moderate was not saying there's this broad spectrum of social functioning issues there's a very narrow problem that the o j attributed to stress and then there was a tried to address the stress by removing production quotas from workplace so there would be no need for example to restrict the claimant from interacting with the public because the l g did not find that she had any difficulty why would the elgin clued that in the r c if that wasn't the basis of the moderate rate know what i'm saying is that the category of moderate is a broad spectrum all the way from the borderline of mild to the borderline of market in here the ale g s thesis was that she really doesn't have widespread or broad problems in the area of concentration pursuits or peace or social functioning she has these very narrow issues which justify rating a moderate and then i'll address that issue later on the r c fine but it's not as if the record is replete with evidence of substantial difficulties in either of those domains but he does find the moderate difficulties the social function yes but it's also important to remember that doesn't take them into account in the ar so it's the top of the page that we've identified this but he's not talking here about how he's integrating the finding of moderate difficulties with social things the kinds of things he's talking about going out to shop talking with friends leaving the girl scout troop are often on things there you know he just misses the idea of suicidal i no one's using gaffe scores anymore anyway so we don't need to worry too much about that it's a very contradictory opinion if you if you really try to take him seriously i don't think so because  it's certainly first first of all it's important recognize that moderate means fair or adequate so by reading moderate you're not necessarily implying that this person isn't able i would you rated moderate if you found little evidence of problems which he says in the paragraph that you can read for he rated at moderate because he thought that the that the anxiety from stress warranted further consideration that's the explanation at steps two and three he says she has been social functioning overall but she has reported issues with and there's other evidence in the record where there is over evidence in the record but again he's you know the pastor in the district court on this appeals to to it's not challenging the substantial when you when you rate someone as moderate that just means that you further assess their mental or see their ratings or used at steps two and three to filter out the cases at either end of the poll so if someone has mild everything would be a non severe mental impairment and no further analysis needed if this two or more marketed person's disabled tear down so that the bail j again state agency said mildmay l j said i'm going to give  some credence to your complaints about anxiety even though overall i don't see substantial social functioning issues here so it's not contradictory it's just the elder is the way of eventual but moderate so well again moderate means ability to watch and follow t v shows shows sufficient the ability to concentrate full time work that scene is a common i mean daily activities under the pace and he cites two things one she can watch t v and two she can play online games will have a strat is absurd that's not the only evidence because there's also the you know the only doctors who moderate rather than mild relate to that are like when you're sign a rate at moderate is itself a broad term in the area of concentration persistence or paste is also brought is your problem with concentration is it w capable of full time productive work right that issue has not been has has not been briefed they have j s findings you know with respect to her her physical impairments and her symptoms and side effects two and found out later on but when you consider the breath of the categories both moderate as well as concentration persistence or pace it makes sense to look at the specific reasons the  a far as the methadone use being not brief that's in our fax section and as far as the physical effects we are challenging the l j's assessment of both physical and mental effects and i think i've explained