so my perspective is not as complete as it usually is when i'm here confirmed by her own testimony that she did have some special education that she is from an era the very early eighty's where a lot of states did not preserve special education records or have good special education records so other than her testimony in that consultation of examiners opinion that that's probably all the itself is a pattern that i think is evident in real life she's able to stick with things despite the borderline intellectual functioning which all of you knows between i to come up again and again if we go down the credibility path which i anticipate but what's wrong with it so let's take what you are arguing what's wrong with the r f c here well i think the main thing and they live on the whole perfectly normal lives doesn't mean you're hemophiliac just because you're taking aspirin right so it's a blood thinner and i don't see any medical evidence in this record to show that she is on such large doses of whichever the anti coagulant of the moment is that she said risk of serious bleeding if she gets a paper cut she you know well louise and scientists were not talking about paper evidence but even the heavy equipment you know your your argument is she could she could cut herself on some moving piece of machinery or the like but your reason for that isn't lack of  critical you know is this going to be something that's going to prevent her from doing her past relevant work is a production a sampler i don't know there's no evidence in the record to say she's on a dose that's really a serious medical risk for her i guess what i would ask you is that don't make me take doctor's depositions on these issues because we burden them too much already it should be enough that she's on the blood thinner and that the d o t description describes the dangers that could cause her to bleed out and in these  the d o t description of past work there are plenty in there that can do that and we're not and again we're not talking just about aspirin we're talking no i do have a i see the list right the thing it's understand that there are a lot of jobs in the national economy or the regional economy that look like this since i was under the impression that robots were now doing these kinds of repetitive venture of mine assembly operations and even if they you know blood thinner and because of her situation and her dose she really can't be around anything with sharp edges yeah i'm not a big band of letters because like fifty sixty seventy percent of the time i get junk because people look take the time to fill out what i sent them the only way i can resolve cases like this one is to take a doctor's deposition and i perceive that in the administrative context of so security hearing that's too burdensome i will i've done it but i can't do it five hundred times a year lou through the new talk abut looking at question is whether it's the chicken and the egg type of argument is she obese because of her cardiovascular problems and she cannot engage in the kind  of well diet or activity mainly this is not a lady though that might this client is very sick and i don't think that the judge appreciated that i mean you seem to be suggesting here that anybody who has this medication needs to be treated i mean limited to padded rooms right not entirely john kelly said reading slightly but these are matters that actually do call for some evidence that would differentiate degrees and we don't have any here you're right and this will come up again and time but  the judge should have built into that and the attorney who will sit there provided substantially less up the more representation because he should build and that now let's go to my next point that  i'll let you make your next point that you are out of time something's going to up going to make a point obesity my argument on the big obesity is precisely this degree argument the judge can't just say oh the person is obese so i'm going to knock you down for medium to light if the same logic an argument would apply to knocking down from white to sedentary or less than said terry the judge has to go into an explanation of how the degree of obesity relates to the impairments and why that specific exertional level is more appropriate than the others  good morning your honor is it please the court my name is allison schwartz and i represent the commissioner of social security before i get into the body of my argument i'd like to quickly address some of the points raised by mr forbes with regard to the borderline intellectual functioning and correct mr forbes miss summers was not diagnosed with borderline intellectual functioning the consul to the consultative examiner diagnosed her with things diety and depression the evidence that he cited with regard to miss summers being in special ed does not really go to her disability claim given that she had an eighteen year work history during this time that she allegedly was and special and well after meant to send special ed would choose in school and she worked for right but if it wouldn't it the fact that she was in special ed does not really the fact that she was in special ed does not suggest that she had really good worth my neighbor to work with regard to the blood thinners i would just like to point out that if you look at the record in detail for the most part miss summers was really only on blood thinners for about a month the other time period she was on an aspirin she identified that she was on blood thinners and her disability records but i smell is a blood thinner and i think the testimony showed that she'd run out of money basically so she couldn't get the fancy prescription things aspirin obviously is pretty cheap to buy in any drug store so but it's definitely used as a blood thinner the she was the stronger blood thinner for about a month but the important points from that really is that she had fairly extensive cardiac care and none of her doctors noted that she ever that she was ever at risk for any sort of bleeding side effect and mr forbes mentioned something about a doctor's opinion a couple times i would like to note that the l j reference in her decision that miss summers long time primary care physician dr thomas apparently completed a disability opinion and the records show in his treatment notes that he accepted into miss summers attorneys and that was never provided to the agency and i don't know what that opinion said but it is just something to consider that the fact that there is no opinion on record that shows that she had any limitations greater than the ones fine and found by the a l j and that there's this opinion that was apparently completed but never given to the agency the other point that i would like to make with regard to the obesity is again miss summers was obese through most of her career dating back several years and it did not limit her ability to work the l j acknowledge that once she started to develop the heart problems after her onset date it caught her obesity coupled with her heart problems and her respiratory problems caused some greater limitations but the fact that her examinations were generally normal she reported that she was able to walk every day on a treadmill and they consultative physical exam was normal suggested that she was able to do the demands of life work so one thing i'd like to know is that there's really two issues in this case the first one is that the medical records do not support miss summers claims of disabling impairments and the second one is that miss summers herself was not a reliable witness and  jay did not fully believe her testimony about her disabling impairments because they were inconsistent across the board and for their looks at a number of inconsistency is right so why was she why was she no longer working at the card plant so there are a couple of stories before it turns out she was fired although it does sound like she was fired because the behavior was bizarre which does take me back to wondering about her mental condition she's also inconsistent about some of the things from remember that they are oh her substance use whether it's whether she's using alcohol or marijuana or other substances that's correct and you are correct your honor that the record does bear out that in the summers may have had interpersonal problems at work and that is one of the reasons why they l j impose a limitation that precluded her from any more than occasional interaction with others so that those facts were not lost on the a l j she realized that in accommodated those and in addition to the inconsistency as you point out miss summers apparently told her doctor that she was going for mental health counseling once a week but the record does not suggest that she ever went for mental health counseling didn't she go to that one facility at least on one occasion that's where she admitted to the drug use she did she had one intake of valuation yeah and after that intake avail you ation the therapist suggested that she continue with counseling and miss summers although she told her doctor a couple months later that she was going once a week i thought she said there was a financial problem with doing that those people you know everybody charges her and she testified that there was a financial problem for doing that but there doesn't seem to be corroborated by the record in the l j pointed that out and in fact miss summers testified that she did have health care she was on her husband's insurance but then she get bent their separate right but they were not divorced so even as of the time of the hearing she was still on her husband's and she and it's given the numerous inconsistency point the court had pointed out to l j did not have a duty as in the summer suggested to ask more questions about miss summers alleged bad days at the hearing that's one of the main arguments in the summers brief  o l j thoroughly question miss summers about her impairments at the hearing miss summers had an attorney and he did not follow up with regard to these alleged bad days and  missed characterizes bad days testimony in her brief she said it related to her allergic rhinitis chronic ear infections and sinusitis but the hearing miss summers was really testifying that she had bad days because she got depressed and again that was not lost on nail j the elegy considered miss summers to question and accommodated in her mental r f c the obesity argument i believe we may have covered that already the l j thoroughly considered miss summers obesity and she discounted a medical opinion for medium work because they had an opinion didn't fully account for her obesity the other argument somers raised is that the elders should considered awarding a period of disability benefits for about a year and a half during the time period from when miss summers was diagnosed with atrial for fibrillation in till may thirteenth where she had a hospital  visit where she had a cardiac catheterization where they a test that ruled out the fact that she didn't important area artery disease in the summers and has not given any evidence suggesting that she was precluded from working during that time period dale jr knowledge that her heart problems were severe and parents did not put her from working the cardiac work up that she had during the period in question was unremarkable her medications were well treated her excuse me her heart problems for a while treated with her medication and the only times that she appeared to have episodes were when she wasn't complying with her medication but since that time her medication was under control and as of the hearing she was having no symptoms the final argument that miss summers raises that the elders shouldn't consider her work history well miss summers did have a long work history the l g was not required to believe her statements of disability wholesale given the numerous inconsistency is in her testimony in addition to that agency powers the snout require ale days to consider a claimant's work history of the seventh circuit has suggested that algis should it will not reverse where is here an l j provides a very thorough symptom evaluation and here the l j built a coherent and detailed logical bridge from the evidence to her conclusion that miss summers could perform light work and if the court has no further questions i will just sit down and respect fully request that the court affirm the elegies decision all right thank you very much thank you i think i should do it we actually won over with you anyway mr forbes so we will take this case under advisement