thank you your honor may it please the court my name is a time kathleen on it and i'm representing gerald in this appeal i here was fifty four years old when he applied for benefits and he's sixty now he has to prove that he became disabled no later than his date last ensured of december st two thousand and thirteen when he was fifty three years old mr writer's disability began acutely with the mergence he brain surgery for ruptured aneurysm on july st two thousand and eleven when he was just years old the surgery same just life and he was left with residual headaches and vision impairment he also shortly after developed cases are nailed a decision and that's what we're doing here in this case there was an l j decision the l j clearly erred by failing to discuss the opinion of  that mistake by discussing and rejecting mr meyers opinion there is a lot of problems in that in my brief discussers all that why not of their reasons for rejecting his opinion  and even the state agency physicians agreed that he had the severe impairment of by brew my allergy and yet the a l j determined that he did not now regard your question about the consistency of his complaints with the diagnosis of fibromyalgia his complaints are consistent what greatly complicated issue is that many of his problems here he doesn't just have fibromyalgia i mean the really tired eyes right is in his hands what prevents him from using his hands on a sustained basis the wage earners because there's lots of different problems which actually overlap with the has there's so many different things here his extreme obesity causes him to need to elevate his feet unity again and he spends about three to four hours a day elevating his feet to heart supported and i don't remember the other part of your question the other part of my question had to do with your treatment there was something in myers known about your client having received a tramp all which the question is whether the symptoms can be mitigated there are plenty of things that can't be cured but you know my eyesight can't be cured but it can be mitigated with glasses so my question really has to do with they are not i think that he was a he was trials with different medications but i guess the problem is because he has all of these other problems there's limitations to how much medication you can take and whether or not i don't see that there was evidence that there was a substantial improvement from medication and i'm not obviously not a doctor the i would even assuming for the sake of argument that cram it all would be somewhat helpful with reducing some of the fibromyalgia pain it would it's not designed to deal with fibromyalgia it has nothing to do with that nor would it be able to deal with the fatigue from the witness nor would it as well it could have some effect on rheumatoid arthritis in his hands but once again even if you're if you're that his patient had to kiev and that would apparently be one of the reasons i would guess that he would limit him jointly to hours of work per day but when you look at the actual more clear cut functional limitations that were that would prevent him from working they i think that the need to the edema that was causing him to sit in a reply now for three to four days elevating his legs hundred and seventy pounds i mean he had a lot of problems and and when the idiom is as bad as he described it his need to elevate his feet is reasonable he was even a medical expert the didn't it's entirely from the right is or if it's a combination of that and the bible knowledge but it's limitation on using his hands that he could use a keyboard for thirty minutes and then he was done for the day this was a man who used to for thirty years or so twenty five years he had a job that required him to use a keyboard all the time years old entering data and using a keyboard and he couldn't use his hands to that extent anymore even if he could sit and and you don't mention one of these to be your impairments but you indeed factor into your residual functional capacity assessment you consider the limitations from that impairment throughout the rest of your analysis it could be harmless error i think it's it's harmful in her here because he is residual functional capacity assessment does not include the limitations related fibromyalgia but i once again i keep when i look at this case i see evidence here is strong enough and persuasive enough and there's adequate book ational testimony to support that if a person has to elevate your feet for thirty we've fifty at the time of the of the alleged onset date and he's sixty now i mean at this point it seems kind of there's really no evidence that shows that he could do any kind of work so i think that  you what a benefit is appropriate here based on the evidence obviously in the alternative we would ask for every man for a new hearing did you wait like many rebuttal time yes please thank you thank you  thank you thank you your honor joseph my camera on behalf of the commissioner this is a case where two doctors up for sale and then concluded that mr eisner retained the ability to engage in a range of light exertional work despite his medical conditions and the medical records bore the south for example treatment notes referred to the striker's conditions as controlled resolved and in remission and the striker's activity level confirms this for example contrary to his allegations about being able to stand for just a matter of minutes he actually function well enough to do house and yard work as well as take care of his mother on these facts the commissioner recently found that while i never had functional limitations he was not the sable one of the social essentially discounted it by saying that there was no active treatments for it and i have a couple of issues with that one is it's not clear that there is treatment for it other than the recommendation to go to a sleep winded but why is that harmless well it's really it there's there's there's two points i would make with respect that your honor number one we don't need to necessarily reach a harmless error analysis because the at the  about he she has asked what would the treatment for fiber my i should be and doctor and he says most patients are placed on anti inflammatory medications more specifically they may be placed on a neuropathic type m such as there are also anti depressants such as involved or conan and dr dr ms that testified that she did not see active treatment for that i never himself confirmed that he was not being actively treated by  meyer's for five analogy if we look at page one hundred and seventy seven the question is asked are they giving you any specific treatment for that mr eisner testified mike hasn't you know even if this record could be l j's assessment of my aza moving to the nd question whether or not this step two issue makes any difference in the end under but the question is if you found a quote if you found an a severe and medically terminal at step to any impairment and you move through the rest of the analysis it be alle j considers the symptoms from those severe impairments from that even from those non secure impairments then what this  fiber my algebra falling that would make it not harmless not harmless necessarily of harmful as step two or harmful the level of credit given to the cla testimony with respect to the subject with respect to the subject subject of complaint analysis about mr eisner describing the level of fatigue that he was experiencing whether or not we attribute that to the auto immune the level fifty that mr eisner is claiming he experiences including the lying down throughout the day getting tired doing very basic activities of daily  living only being only able to stand for a matter in one place for a matter of minutes analyzes all of those symptoms all of those subjects were right about those symptoms including the fatigue that could be attributed to father when i was in this case and it provides reasons for discounting those and for example the o j addresses the activity level that mr writer has performed during the relevant period which includes admitting walking half a mile on a flat surface doing housework he's doing we ting moaning at one point he admits to doing minor home repairs he's also taking care of his ailing mother which includes driving her to appointments cooking cleaning laundry even described himself as her guardian at one point these are all instances where looking at the at the striker's activity level comparing that with the subject of complaints that he has identified in part in cleaning the fatigue that your honor has and has has mentioned him testifying to and finding an inconsistency there and in cases like molina and thomas this court has held that an l j is entitled to discount the claimants subjective complaints when they are inconsistent with his activities and the inconsistency didn't stop there either there are medical records that the algae reviewed that further undermine mr idlers subjective complaints about his symptoms for example in november of and eleven this is from an ophthalmologist clinic he actually describes feeling great and he states his joints feel better than they have ever felt he is now able to bend and twist like never before we see multiple records and eleven and even early two thousand and fourteen after his date last ensured that discussed how this auto immune disease which mr eisner claims he experiences to take from his well is in remission where he is feeling advil for that hand pain relief and again with respect to the swelling that mr their alleged sent them looked at instances where the treatment records are showing just mild swelling the only trace at emma so the only looking at the activity levels the o j is looking at the medical evidence and finding inconsistency is between subjective complaints the subjective complaints that mr eisner has made in this case and at the activity level and it's and i'm sorry in the rest of the record and it's important to note your honor that this is a restrictive residual functional capacity that light exertional work that does not require standing or walking for more than two hours in a in a total work day along with the various other postural limitations including environmental in the patients as well to account for  matter how limited fail jail they could come up with a one thousand limitations but if it doesn't include all of the limitations that a person has if it's not supported by substantial evidence  or for a new hearing thank you thank you council thanks to both of you for helpful arguments the case just argued you submitted for a decision