in july and then he e mailed that to his attorney who sent it to me sometime in the latter two thousand why he would do that it's a great question i don't know the answer to th so he we see schmich allow can october two thousand and eight he is still on t v benefits are still under active medical treatment it only recently had about a six injection by dr properties pain labor market and for that claim it could not undergo any training that would make him employable so isn't that some evidence to support the commission's decision it was if there was something of a back up the mr while opinion that he is completely incapable of any type of work when he still under active medical care he just had a injection a month earlier no doctor put him in him all right no doctor putting a kind of tremendous restrictions on disability you have to meet certain rules and you know procedures to get long term disability benefits you cannot get it at the same time you're getting work benefits but he's already five four in receiving while in t t t now he's getting undermine her opinion but nevertheless her opinion was favorable to the claimant was it that or whatever reasons her picked up only was based on and you could tell probably from the deposition her opinion was based mistrusts opinion was based on dr lee's report report only there was no deposition from november two thousand and eight he's still getting kyra she's giving an opinion dr levy about his restrictions as they apply a one time based on i'm assuming certain guidelines and procedures for long term disability benefits our point is that has no bearing she is not a session of examiner will the doctors give an opinion about long term disability that in that petitions attorney indicated there was no need to attempt a vocational rehabilitation of mr clements that's one of the tubes of us we put in and that's our one six six five record so six months after this is a year and  they don't want vocally have we have sedentary work missional are who gives an opinion way premature they should have gone back and did him six months or or a year later and got his opinion after it reached hi but how do you give an opinion and don't even try to give this man a job in this day and age in two thousand and ten or two thousand and eleven thirty five thirty six years individual we can't do anything for him paraplegics wor work in this gentleman with every stricture only of sedentary work and nothing from the pain management doctor whatsoever and this is of this is all we can do and then you get a letter from the attorney same don't even up they can't contact me this has to be completely separate from work so dr league does the examination whether there's guidelines or procedures and policies and script or whatever they're asked to go into i don't know anything about that but the point is she's not the session twelve examining doctor so the question is who would we really look for for guidance for restrictions dr ki i think really caught it and it really comes down to is he an aha moment toto how do you take a thirty five or thirty six year into thirty six year old individual in this day and age with our technology and just toss out his employment the restrictions that are that dr lee talked about they're not permanent forever be stricken they were for a very specific point in time for very specific purpose for l t d l t v benefits and when you thought about it he said these are per for this point time that we're talking about from the treating physicians if the best that we have is sedentary work only and the only other opinion that sort of flies in the face of that is dr levy we do it for a judge will do that in his in his order but i think it's a situation where he has been approved forward and has been receiving so security disability benefits now for five for five years strong incentive not to go back to thank you know to petition no job list was done no written assessment employed ability no labor market survey so what we do have is that limits in this requirement suffered a horrific injur that we have it removed and evidence on that piece of paper they're not many but he also testified how he talked to family members he talked to friends about possible plan and opportunities how he didn't always write them down because of continuing you know being rebuffed or disappointed about billy options made him feel depressed but then you know if we're looking at this from an odd lot standpoint the burden then shifts to the employer does show that there was some work to regulate to say available and nothing was done absolutely nothing oh so the standards memphis where the evidence this is a fact question and so as such the commission's decision that he is odd lot prometheus it must be affirmed and with regard to his credibility case law out there regarding out her mental disability where there is going to voluntary removal from the workforce by claiming and i don't think that's what happened that is not what happened here with regard to my client seeking still security disability a sheriff over a fortune to do something we did nothing because they are already made the decision he was warned and so security he went on so security i don't know that i've ever seen a situation where someone has gotten on so securely a year before they reach him in mine i don't i really don't know how something like that happens but it did happen in this case he was giving the benefits in this case the the opinions from the post specialist because that issue hadn't come up yet he still are active medical treatment it's december two thousand and eight if we see a doctor again for the first time if somebody would have asked the question at that time what are the restrictions from the treating doctors the only thing you will see management but he never went back to dr roberts october two thousand and eight the last time we saw dr roberts or september two thousand and so you have premature opinions you have the attorney saying we're declining evoque my t t d stuff and then he goes on long term disability but this is this is all set out to set not some devious brandishes way things work out after two or three years he's he separated from his wife he's got two young kids and now he's bringing in fifty thousand dollars a year after taxes that's his income person after taxes of about thirty five thousand dollars when he's working so there's a huge incentive there not to well