good morning your honour's my name is james and brian i'm representing mr engel hart the claimant seeking disability benefits in today's case i would like to reserve about two minutes  this is a fundamentally simple case that's not to use a an age old metaphor is that a series of mistakes that are found in the failure of the hail j to recognize the severity of the emulate interferes with pace the record is replete with the sores that he has suffered on that the number of hours per day that he has to where the prosthetic device three and a half hours is the maximum that ankle fracture as though it is identical with the mitt foot fracture and the shattered heel bone that mister hart suffers from to the administrative record page thirteen where in the opening statement the hearings or the representative down at the hearings level asked the l j to focus on the right foot pacing and nowhere in any of this analysis in the decision of the commissioners does pacing ever into it except for the imply hypothetical question that the a decided not to follow if you recall one of the hypothetical questions in the record was to the he was if you have to take breaks every ten minutes or so is there a vocation or impaired pacing that happens because he's but mr and all heart has to step on his right foot on the protrusion and has to step on flat ground because his foot can't respond to anything reasoning by failing to recognize the myth but the midfoot limitations and a protrusion out of the heel also finds its way and too and ineffective residual functional assessment because the able ga never actually took into consideration the additional limitations by that right foot and that right heel he was never able to make a conclusion about we would disagree you hired lines of her story we disagree with that conclusion and the reason for that is mr hart separately a right ankle problem there swelling with it the record is reple with that information but because the able chain never actually took into consideration that impairment of inflexibility of the right foot and the pain associated with stepping on that right foot he that determination which is based on this helps with cards that are not going to acknowledge this particular right foot impairment aside from the credibility it led to an inappropriate reliance  and had a number of functional limitations as a result however by may two thousand and eight mr engle heart had received a permanent prosthetic leg and thereafter are only a handful of medical records regarding his physical impairments and they established mild  being college taking four different classes at a local community campus that you drove to he stated earlier in that year if he was the primary stay at home parent and he testified to helping out around the house and doing family activities taking vacations living a normal life perhaps the most important of this appeal the algae incorporated the majority of the tangible limitations that mr engel heart testified to at the administrative hearing and despite incorporating all of these limitations into the residual functional capacity occasional expert was able to identify a substantial number of jobs that mr engel hurt was still capable of doing this court has held that if the very badly in the accident but after that there is minimal records regarding his physical impairments and mates who thousand and eight you report into his prosthetics that he was very pleased with his permanent prosthetic leg his physical therapist discharged him  his prosthetic leg for a short period of time and then a year after that in september and october two thousand and ten mr ankle hurt received to care for his chronic pain issues by a nurse practitioner was because of current stressors a lack of income at that time the lack of employment at time and the fact that some of his pain medication was impacting impacting his depression mr and hurt also saw  a therapist in the spam and after he was released from prison this was part of his probation and he actually was very frustrated at having to participate in in this therapy stating that he didn't think he had any mental health issues testing from  and heart suffered from she didn't ever specify any functional impairments or functional limitations as a result of the sometimes and you know evidence supports that mr ankle heart was capable of a lot of activity he was going to college full time he was caring for his young children aged four and six he went on a two week vacation to california he went to a county fair he did the dishes he helped with around the house he took the laundry is that he has to provide specific reasons for finding mr and a heart not fully credible and that there's enough information for her viewing court to kind of be able to determine the  avoiding walking across an even or props surfaces that's the only reference that we have that might possibly incorporate the midfoot and he'll write he'll injury and in the briefing finding a fact is it's lacking and because that's an adequate description of the reserve residual functional capacity of mr eckhardt it's simply not supported in the record  also point out and this is sort of the problem that is the other source problem the commissioner might maintains there's really very little information especially more recently in the record that would support disability but that's the problem with the other source rationale for example the physical therapist observed this immobile right foot that we have that's creating an additional level of pain that is not recognized by the  jay and that's never been reported it's never been explained why that isn't an appropriate finding its particular observation is also demonstrating that in the early records of medical care there is no spring specifically told be able jay that one of the reasons why there is a gap in medical care is because he didn't have the money to afford to do that and so the lack of medical records shouldn't go against