good morning the next phase on the calendar is a good assignment versus commissioner of social security administration we have present today sarah poor and richard winters for you ready to proceed history in sales a skilled work history he was a district manager and finally he was a sales regional manager and was a high earner he would file for benefits and age sixty after resigning his position due to mental health issues he had started treatment with a psychiatrist dr kerner in one in two thousand and thirteen and at the time she ranted an opinion regarding his functional limitations she had treated him d little weight to dr turner's opinion as well as all of the mental health evidence submitted in the case there was a consultative examination by dr marburger and a psychologist he accorded little way to that opinion as well as the opinions of the not examining state agency psychologists we contend that the ail j failed to set forth a good cause in rejecting dr turner's opinion according at little weight t claimed it was inconsistent with the launch of toodle history however dr turner's knows well support her opinion for example in october of two thousand and fourteen the st year after he filed for benefits she wrote that he wasn't able to process information complete his activities of daily living without help his illness is chronic and severe and he is no longer able to mentally function he lives in a complete state of depression was racing thoughts and fears people was somewhat paranoid at times and has frequent pain and yes is a severe case unable to handle any type of stress a year later in august of two thousand and fifteen her notes show that he was sad and depressed he had slurred speech and slow motor skills capability was isolated in his own world had high anxiety shaking unable to process information without help and able to focus and concentrate at all in june of two thousand and sixteen the following year she noted noted that he was stable on medications but he still gets sad and anxious that month later he was depressed a really anxious shaking a lot and able to focus concentrate maintain his train of thought he was not doing well at all with anxiety and able to focus at the last appointment hired to completing the the medical sources statement she commented he was irritable depressed very moody paranoid and able to maintain his train of thought was quick to anger the l j relied on dr marburger and the consultative psychologist in part to discredit dr turner's opinion and it was curious that the algae didn't explain how doctors dr martens opinion was inconsistent with the doctor's own clinical findings and other clinical findings yet reliable enough to use to discredit the treating psychologists opinion but dr marburger this report also documented many of the same findings of dr kerner for example excessive worry and sadness passive suicidal thoughts panic attacks poor sleep poor appetite mood swings racing thoughts irritable difficulty concentrating low energy feelings of hopelessness helplessness and worthlessness recurrent episodes of rage uncontrollable aggressive have had a recent suicide attempt by hanging he tried to hang himself in his garage but his wife found him so dr marburger this report is not inconsistent with dr connors report she noted multiple abnormalities and inconsistent with dr turner's opinion dr dr martin also opined that mr simon has experienced symptoms of depression and in a work setting he would likely experience difficulties with concentration and tax court send the case back for further evaluation of the court can always pay the case if you think though the record is sufficient because the other the occasional testimony that confirmed that if i had the accepted dr turner's opinion there's no work that could be proposition but nothing else that i asked him are wrong well it also addresses the issue of when when a person has differing differing stability the over time because the the caster case discuss the th circuit case published case in scott and talked about the fact that a program that a person may have improved after receiving psychological treatment may not necessarily contradict an opinion that the patient continued to face limitations because there can be a great distance between a patient who responds to treatment and one who's able to enter the workforce and that case was discussed in the in the end in pastoral opinion on the court also cited a  th circuit case holohan vs masson era that a person who suffers from severe panic attacks inside in depression makes some improvement does not mean that the person's impairments no longer seriously affect her ability to function in a workplace so those those decisions were cited in the unpublished case of castro which which i believe is very very consistent with the facts of this case and finding at the erred in discrediting the treating physician nothing like that specifically that i can recall the last of district court cases and there are certainly cases in other circuits that address the difference between working in our office and being doing well and office and doing well and in a work setting but i would into any of the regulatory factors and the other reasons for discrediting the opinion now the gist of who are sort of went through the record of sound some things like the fact that he could drive a cage away end and that he could he could dress but even he didn't and in the process of doing that or for an appropriate weight to doctors turner and market and provide some explanation for why in a detail why the l j had rejected simon's objective test is that the some of the substance of it yes that would be that would be we would be very happy with that result and you're not asking us to reach our own conclusion about the matter based on opposed to a reversal we are seeking both it's an alternative relief big because i have one cases at the circuit level where and not in the circuit but in another circuit where that where the case was clear the client met mental impairment you know they raise a potentially different host of issues so how can a physician observe a claimant in a clinical setting how did that provide any insight into how the claimant in a setting and it workplace setting i mean you could have a good day or you could have a fluctuation in your symptoms but that doesn't necessarily mean that you're capable of being able to work that's true and it's also true in the case of physical  know that she had prescribed at least four psycho atrociously medicines to treat a bipolar disorder and we know that in each and every instance the treating capacity july of seventeen unable to work and he will not get that or he will only get worse when i looked at the entries in the notes made by turner of issues with the pope really working with supervisors by only occasionally he could only occasionally interact with coworkers supervisors and the general public and the work crisis disorder generalized anxiety disorder panic disorder and intermittent explosive disorder then more of them went on to say that they had critical question about being able to work more of their own crimes that they work said he called with a likely experience difficulties with possible those difficulties will likely have difficulty with concentration or with past persistence accepting instructions responding appropriately to his supervis did i misread well i think the thing about her opinion regarding concentration and interaction is that it's quite likely doesn't mean claim it could never managed that's ok i want to point out that dr regarding the issue of social functioning of the doctor turner noted in august two thousand and fifteen september two thousand and fifteen that he was he would just stay in his rom and we feel used to see family members who came to the house and i think i disagree that dr turner's notes are filled with subjective statements they have findings on examination these are kinds of things a a psychiatrist has the expertise to determine such as a panic attacks are racing thoughts fearful isolated paranoid irritable mood swings at the says of anger these are things they say that a psychiatrist is trained to determine and they her notes are fi notes as was noted and that the algae erred in discrediting dr turner and we would ask that you send the case back for a further review of dr turner and dr sarbanes opinion as well as the subject of complains and