is that correct yes your honor this is mark schneider and i'm here on the phone ok you may proceed thank you in this this case goes back to two thousand and thirteen when my client applied for s s i and social security and it was remanded once by the federal court and we're here on the nd appeal and the a l j was ordered and the rematch to properly determine my client's limitations and residual functional capacity or r f c and in particular the remand order  object to explain the weight given to psychiatrists the clerk and why he rejected parts of her opinion she had a pine that my client had moderate difficulties in maintaining concentration persistent and taste and as a result he could only do a low stress job with no strict production or time requirement and on remand the same alj a judge  did find that my client had moderate limitations and all four areas of mental functioning in the listings and understanding remembering going to plying info and interacting with  others in the ability to concentrate to persist or maintain pace and ability to adapt and all of the other examining sources agreed with although a few soun market limitations and the ability to concentrate and persist and all of the trading and examining sources agree that my client had moderate limitations and sit standing walking lifting bending pushing pulling and handling so and then his current my client's current prescribing nurse practitioner who is an acceptable source based on the nd claim which was after the march two thousand and seventeen changes she found that and he had market limitations in the ability to work at a consistent case based on his kit so affective disorder but she did not in any way exaggerate his mental limitations and despite all this the a l j only limited my client to frequent contact with coworkers supervisors and the public which is over two thirds of the time and found to cunt before high production rate kinds which is very different than no strict production or time work because of the combination of his mental and physical limitations and the l j err by not complying with the remand order now this based on his exertion of limitations he was unable to perform any we're not even sedentary light work requires the ability to lift up to twenty pounds and walk and stand up to six hours and none of the examining sources upon this and the two time examining consultative doctor dr watts of twice found that he had moderate limitations and exertional limits and that which do not support a finding of light work no i agree that he found that i d disagreed that that shows that somebody could work d the riding a bicycle part or some checkmarks that he never even talked to my client about and that was back in two thousand and thirteen he did not say that again when he reapplied in two thousand and seventeen but the laws clear this court has said many times that it's not substantial evidence that a person can marginally perform some activities you don't have to be in any validity to be disabled under the law he had a severe spinal impairment that required a laminectomy and for the  fifteen minutes you know he did report some improvement after surgery and then dr quiet noted it it got worse again and he was very limited by depression d anxiety sch objective the radiological and the clinical evidence he never exaggerated he you know he admitted at one point that maybe he could work at fifty percent capacity  never said he never said his time was ten out of ten here's a guy who needed a laminectomy who had a nerve impingement and he tried to be honest about what he what his limitations were attendant if you're limited in your ability to stand up and walk around well if you have to park carts you're jumping up all the time and you're walking around in your and your you have no control when you're standing up when you're sitting does that make you go on are actually mr snyder stated that walking around is the best thing for him now we have several opinions that indicate that he could do the standing and walking labor intensive jobs and this ingests that he was able to do less or intensive work such as in this case parking attendant oracle attendant a code attendant job only requires him to give somebody a ticket to take their belongings well as some of the treatment notes which indicate that he had in rome or gait normal motor strength in tech sensation negative straight like leg raising as well as from his best activities of daily living which included as was mentioned riding a bicycle and i was  he was taking he was actively engaged in all types of activities of daily living the suggest as a whole that he could do a light work did exactly what he was supposed to do in this case he was tasked with the evidence and finally an artsy finding consistent with the record as a whole and he did just that you look at the medical opinions you look at the activities of daily living examination finding the treatment records which actually showed that own physician opinions on nurse dempsey and dr chua who actually evaluated his mental status and and that in most areas he had no limitations other than one might moderate limitation and keeping on consistent her opinion because she was not a doctor isn't that right that is not correct he did not ignore her opinion actually evaluated the you know provide a good basis for according to mark limitations less than significant  also on as a district judge a noted she valued him one time when she rendered her opinion all together she saw him two times within the relevant period and the eldest specifically noted that her opinion was not consistent with the record as a whole it was not supported by examination findings which in general showed that he had a whopper to demean or a logical thought process says om generally intact the tension  concentrations although there was some variation in that area and in her opinion was also at odds with the opinions of all the other practitioner i mentioned who meant only mild to moderate limitations it was also only inconsistent because while she mentioned a marked limitation him his ability to keep on pace she also stated that there was only a moderate limitation in not in maintaining a schedule and completing a w day i think i was more specific in my breaks i'll defer to that but there was definitely an inconsistency in her opinion not only an internal inconsistency but an inconsistent state with that opinion and the record  a whole in most respects he agreed in terms of the physical limitations he generally agreed with most of the opinions and gave each other down some weight in terms of the mental limitation the l j did not find at the nurse crisis respects accounted for her opinion by restricting snyder to work that did not require high production he said that was lower that you know that was simple and in these ways like an environment where it's not it was better able to keep on pace so he didn't agree with that part of her opinion but some of the limitations that he factored in along with the difficulties in maintaining  source because that was that that the nd claim was consolidated with the st claim so she should get more weight than the non examining state there is and she gets more weight test your prevail well she should but even based on the moderate limitations even based on judge clark my client should prevail because there is a difference limits of focus and concentration really wasn't able to work on a consistent level you know if we look at both sides of the evidence and look at what detracts from the findings  based on the moderate limitations mental limitations see cunt perform any work on a full time basis based on doctor was of moderate physical findings he was unable to work but really what it comes down to there is not substantial evidence to discredit what he said very credible and very consistent over the years with drugs he never relied on anything about moving furniture and he never asked if he was going to rely on that or the bicycle alleged bicycle riding he should have asked d my client about it which he didn't do knowing no one ever said he could live twenty pounds none examining sources said mr snyder to lift twenty pounds or stand and walk for six hours a day i've seen no case we ported in the nd circuit and maybe any