subsequently the treating physician rule was codified by social security after was implemented there were same rules applied in multiple circuits this case was filed prior to the modification of the treating physician role and so it still applies a secondary issue in this case was raised his credibility but that's only to the extent that the court feels that the treating source relied on this terrain  es subjective statements in assessing the case the treating doctor in this case was dr donald of the doe who had treated him for a number of years that the da was an occupational medium heavy it talks about occasional and frequent it's the same standard that's used in the dictionary of occupational titles it's applied and workers compensation act doctor the dough was an may of two thousand and ten june of two thousand and eleven he had a close period where he was granted benefits during that recovery period from the surgeries until july th in january two thousand and thirteen he shoulder so he limited him to four hours per day in part it can be assumed because of the weakness and loss of range of motion that that was to prevent him from having repetitive use as i can attest of having done probably over a one thousand social security in my career fact that you have a doctor right that much of information in support of this position is a rarity  january of two thousand and thirteen and quite frankly the may of two thousand and thirteen limiting him to part time work would be sufficient by itself to be for a basis for disability but specifically the limitations in april two thousand and fourteen would definitively made him available made him eligible for social security he was having difficulty lifting ten pounds frequently twenty pounds occasionally had a limited range of motion and its net would be absent due to pain associated with that doctor budo noted in april that he had problems with forward flexion extension rotation he noted specifically he has deteriorated significantly since i last saw him in june th of two thousand and thirteen and based on that  even further objective medical evidence when you consider within the lens of an occupational medicine specialist who regularly does this type of testing and makes a determination as to what the work  limitations are the difference other than this range of motion stats is there anything else that you would characterize as objective medical evidence to support this just the fact again that  he had already undergone the three previous fusions there was a worsening of his condition the numbness and tingling which i believe was tested by his doing some sort of sensory testing mic we've all been there were the back of the hammers put on a portion of the body to test the amount of reaction that type of thing i would assume that that's done since he indicated specifically noted associated with the shoulder in contrast the administrative law judge in this particular case indicated as ordered i noted that he had no previous knowledge of social security regulations that in another itself is insufficient and then to note that there was a lack of any medical evidence to support the claim so therefore must have been objective or subjective statements is support for those findings it makes a fairly large leap to believe that a doctor who has on the other side worth contested worker's compensation claim and there was so opposing counsel in opposing medical experts on the other side that would have been reviewing this information that doctor but all would have made himself  rather in a very picturesque position if you couldn't support his position ultimately i guess the question becomes whether or not there was sufficient evidence at least as far as the april of two thousand and fourteen evaluation to support  records she outlined failed to take into a note that he himself a doctor but also specifically noted the worsening of his condition by two thousand and fourteen and that fact was never medical records were never of valu not consistent with the remainder of the record and therefore it was not  pain he was also doing pretty strenuous activities he was cutting wood with a chainsaw he was doing yard work with a garden tiller he was shuffling light heavy snow he was also doing sort of more mundane activities like taking care of his of light work per day not industrial strength if you don't  have to look through the record now no i don't want to throw you off i don't know where it said light work i mean his description of the work that he could do four hours per day was y so that's in excess of both the lifting requirements of light work and you know the use of the right arm in the residual functional capacity finding which was limited  not entirely credible as i said he was discharged from care in june rd team he did not return for care again for almost a year and that was it was specifically to obtain disability paperwork his surgeon offered him cortisone injection in july rd team if he had further pain he never pursued that option he never went back or any other about that of pain relief were physical therapy though he did seek medical care in that thank you very much ok thank you very much the case is taking under advisement