patient that the doctor then records like a stenographer into an opinion this is a valid diagnosis failed back syndrome which arose because back surgery although it helps many does not help everyone i believe my the last time i do research in a box for the people who do not experience adequate pain relief from back surgery so the diagnosis of failed back syndrome or post laminectomy syndrome made it into the the the orthopedic and neurological professions and as the pain management specialty developed a management had a role in addressing the problems so it's not like just the mere pain case where somebody says my arm hurts and and there's no medical basis the medical basis or the pain that this diagnosis was that the object hebe pain that was identified by the orthopedic doctors through object testing which was done in this case and attempt to relieve that pain by surgery and the surgery failed song though it's not just the client talking about the pain the pains already been away is confirmed by specialist post surgery and it's and again a in this case the pain management person worked in the orthopedic practice i specialist is the person that is built during the communication from the patient a person is observing the patient each person that is  specifically trained to listen to the patient's descriptions of pain and then don't value a well that those descriptions are consistent with the the source of the pain and in this case the source of the pain is again the what was identified pre back surgery and what was not addressed post back surgery so to say whether we have any rags dade logical bridge doctrine would require the same sort of weighting analysis and the logical bridge doctrine originates from the supreme court recognizing that the district court found that explained that miss fers argument fails on multiple levels that's appendix eleven makes the same argument here providing no explanation for how the evidence actually supports d barres opinion so general general status as a treating physician is a pain management doctor and a general sense of the way that pain works generally isn't evidence in this case so the good reason or is it a number of good reasons because it appears that here dr bars opinion was at least partially persuasive but not fully persuasive it seems like we're in this position of assessing whether or not the reasons the a o certainly not say that there needs to be a certain number of reasons the answer is that the l j needs to explain where he is on this and so what the ale j does here is provide several reasons we've got noted in the record so the l j gives a couple of reasons there's you know it's certainly the case that dr bars are treating source and so if his opinion were fully persuasive he could be giv can controlling weight so the reason i say that is because with the ale j's is doing is is explaining i'm not giving controlling weight to this opinion which might otherwise be due controlling weight due to this status and so yeah i'm going to give it some weight so this is not this is not a complete rejection this is not an indication that dr barr had no idea what he was talking about but it's an indication and it's an explanation that his treatment notes just didn't show the kind of  limitations that he included in his opinion the f d a would have come to a different conclusion i think again as i indicated side effects is another is one of the you know compelling aspects here we set out in our brief that at page eighteen the references the numerous references that the l j makes in his opinion to the lack of side effects to miss fair reporting a lack of side effects so i won't repeat all the page cites here but i'd point the court to our briefing page eighteen and the and yet the l j looks at dr fer dr barres opinion and sees that these side effects according to him would would would significantly returns to work there is a human resources expert who gives a certification that that she was at work there's every indication that the physical requirements of that work was too demanding for her she did not stay at that job more than a couple of months and so that doesn't defeat her claim but again we're talking about what the human resources officer indicates is that she was lifting up to fifty pounds finds her capable of light work which is a less lesser exertional level and so that is part of the equation it's certainly part of the record it's maybe and you know in most of these cases it is it is that an individual isn't physically or mentally in this case physically able to return to a past work doesn't mean of course that that day individual is disabled under the act this specific discussion of thirteen opinions and here miss farrow has has shine a spotlight on one but there are simply no evidence there are no records there are there is no evidence that specifically supports dr bars opinion and so when the l j considers that opinion notes the discrepancies between doctor bars treatment notes and the opinion that renders from the same period of time there's simply no reason to disturb the assessment of that opinion and issued the critical opinion and that's what counts here what is the idea that that a person under  ality the different types of medications in jackson's the pain management specialist you provide some relief from pain sometimes for a short while sometimes for a long while sometimes the medication to wear out and new medications have to be tried it's inherent in this treatment process that the reporting of the pain and the and the effectiveness of the treatment regimen aren't and what if the pain medication to work it to the point of providing meaningful relate they want to need to go back to the pain management doctor all that often they just need to double check prescriptions every now and then maybe take a drug test because the seriousness of the medications  going on here when i think no one on it just a misunderstanding on the basis of the administrative law judge and to some extent the district court judge as to what disability claim and on a personal note this person wanted to be a nurse and she tried and for and even going back and trying to start again with pain  during the midst of this pain management treatment minimum might have been wishful thinking but it reflected heard zire to follow her calling  the imaging and testing done that showed that the surgery was necessary because you don't do the surgery and that unless there is a necessity the relieve the severe back pain the surgery failed i think it might and i think it is confirmed not only by orthopedic physician but by the by the pain management specialist would appreciate your careful consideration thank you and mr welch thank you mr burris thanks to both counsel and we take the case under advice