my name is randall forbes and i represent the disability claimant and i represented them at the district court level and at this level i did not do the hearing nor did i do the subsequent application  e thing that i'd like the court to focus on among many but primarily is that a minimum competency of the easiest form of on skilled work is to be able to understand issued centrally three different reports in this record it and you've argued that the social security administration pressured dr roy to change her reports don't remember ever seeing anything like this before and i'm been doing this for years is there any evidence that the a l j even relied on dr murray's reports of reaching her conclusion i think so it's that because the l j gave  the last report significant weight that if i could i'd like to go through the progression of those reports the first one basically said that mistreated record number the second one done about the whole twelve days later maybe said moderate to severe impairment due to memory with with no additional due to memory even assuming if the third one is valid that still doesn't rise to the level of the minimum competency of being able to you understand remember and carry out simple instructions and tasks that is the lowest there's mild the parent to that end and that is the minimum competency to work and essentially so even if i assume that the changes were done properly and correctly they still don't get to that point just one more step in the r f c the judge just says is able to understand or memory carry out this simple task and instructions what out  recognizing that there's still a mild and parent or a level below what is the minimum competency mr forbes can i ask you what one of the things that i think makes this this case very difficult is we get to we by the time we get to two thousand and fourteen mr walker is disabled right i mean found to be disabled the april two thousand and fourteen period is a long period of time though right right right after his stroke and it it does seem to me that the record worsens from the perspective of his conditions are worsening as time goes on and by the time we had been in this is only approximate but by the time we hit the beginning over some time two thousand and thirteen there are increased references to the dizziness becoming more regular in an  intensified so i guess by one of the big questions i have here is about the onset date and the way that the way the case is presented it seems like well it's all or nothing you know it's either two thousand and eight or it's nothing and i just wonder whether he may well become disabled around twelve or thirteen well he did come disable to some point you're correct and if he's doing ok before that right he's actually isn't he that doesn't he service the town town council president for a while and i'm not going to happen after a stroke i mean again he's he's doing ok i'm not good dispute that fact i'm not aware of that but it doesn't even live on his own for a forty year period after the stroke so it tell about the two thousand and twelve timeframe where he can take care of himself was law on yeah i think probably if there was  monitoring ahead of him then maybe totally apparent but but he said in the record i'm is there any evidence that the more monitoring up and i don't have own during that four year period and let me concede that there was this worsening trajectory even if we look at the case that way and i'm not saying we should but even if we did look at the case that way by two thousand and twelve the evidence lines up and his date last insured is september thirtieth two thousand twelve and that's and in order for him to prevail on the disability insurance claim and get medicare bats the may date the disability ask to occur before problems mental status exam he can register three words be can't remember any of them after five minutes he can't do serial sevens he can do serial three he can't do it three step command he's got various problems that's correct and that is dr royce first decision which it easer these are also the underlying facts i mean we've got dr murray's conclusions but maybe this is a record in which we should look at what dr roy reports these are tests that dr roy conducts this is not him saying you know i don't feel good today right now that is matched up with the primary practice as a country physician but i think what you meant by that was that you were saying hey give him a break a little bit on on the completeness of his treatment notes did and what i or what i wondered about is that they were less bank complete and i just wanted to bring out the point that primary care doctors just the direct good morning me a place the court my name is meredith shaft and i represent the acting commissioner of social security and there is no dispute in this case that mr walker cannot do the things that he could do before his stroke but that is not the standard for determining disability the l j agreed here that mr walker could no longer perform his past work but he could nonetheless perform this limited range of sedentary work and her conclusions were supported by substantial evidence and consistent with the law and this is the stage where the burden of proof is on the commissioner five step guide with regard to reducing evidence that there are other jobs in the economy but the burden of proof of a  story he lived on his own he says he tries not to go very far due to disease spells headache and lightheadedness i mean i don't know about you but i mean the people who are out there driving who pass out sometimes inflict harm on others well certainly necessarily mean that we should take this is a great skill of his and nobody would encourage him to drive if he were uncomfortable doing so but the ability to drive is also not the standard for disability here he was able to provide for himself for many years after his stroke he lived on his own for and it was unclear exactly when he moved back in with his mother but for at least three years maybe up to five years on his own going to the store making sure that he had food taking care of his own home that was a house that he took care of and ultimately he said he moved back in with his mother because you know he wasn't supposed to be on ladders and it was becoming difficult to keep up his home so it wasn't even the these mental deficit to have any information about whether the daily activities are being done at the pace of work would have to be done and the only one thing to vacuum your living room and then sit down and take a break for half an hour quite another thing you know hold down a responsible job of course your honor and the outrage of a quake his regular activities to full time work she didn't say that the fact that he could perform these activities meant that he could day so where he's now is he's been involved is just got to pensions town council president you know first of all one assumes you know maybe those were good times if you got dizzy in the chair everybody waited for a few minutes you know just worth it let me ask the question this way could put that l j have and have determined that look by approximately the fall of thirteen this condition is worsening and we have such a long period of time here it is a long period and it's entirely possible that it worsened i would point out though that he was found disabled in december of two thousand and fourteen based essentially on a change in his age category so the the residual functional capacity identified in the determination of disability in december twenty fourth genus is quite similar to what the l j came up with in this case but because he was nearing this new age category of closely approaching advanced age under our regulations if you're limited to sedentary work in that closely approaching advanced age and you have no prior skills or experience that you can transfer you're automatically disabled so  your fifty i think it was fifty five i'm not certain i know he was about two and a half months before his birthday and so they applied yet another sort of obscure policy which is if you are in a borderline age rage you're about to change age categories they will consider you in the later age range to ail change sufficiently consider what does appear to be a change in his condition around the two thousand and twelve time period that's where you see the medical records really talking more frequently about his abilities in this dizziness he moves out of the house and in with his mom somewhere around that time period although the exact date is not precise  these reports of dizziness became more frequent in two thousand and thirteen two thousand and fourteen and she took that into consideration and determining that she should not do anything more than sedentary work and that he needed additional restrictions  you know i'm workplace hazards he shouldn't be exposed to situations where he could hurt himself because of the dizziness so he yes she she didn't deny any of this evidence she didn't ignore any of the evidence which she did was she did what i worry about the discounting in the in the trends of what's occurring between a way and fourteen and i understand that concern your honor but certainly the ala j also considered that evidence and h concern was that mr gowdy is records do not support the severity of opinion that he offered so do you know that's where you know how much of an s a good doctor going to write down the doctor's going to put down di you know they're not going to they're not lawyers right you know they don't write a labrat things down they don't go back and review everything that's ever happened before they treat the condition the person presents for and what mr what mr walker presented for was his status post stroke so the existence of things like dizziness or memory problems or problems with balance will join your god he reports quite regularly may not write it down and every s the existence of dizziness or signs of worsening mental capacity would be extremely important to notice to note in somebody who had a history of stroke because that might be an indication of  additional problems or a relapse mr walker was never referred back to a neurologist for follow up dr gaddy didn't even suggest that he should go back to his neurologist he didn't treat him for the complaints at any length of weighing the evidence and her opinion should be given deference it was supported by substantial evidence and it was consistent with the law so we would ask that you affirm her decision all right thank you very much and i think further mr for weighting system social security uses is hopelessly defective we know what controlling weight means we know what no way for me we don't know what some weight little weight partial a extensive history that cases have to be able to be meaningfully fully reviewed and that they have a lot accurate and logical so you're saying that when when she says partial weight she has to say in so far as i i'm persuaded by this but not by that she's got to tell you which part she agrees with i think it's got to be specific enough to reveal the last point is that from the kind of broad view of this ail jay goes out of the way to discount the primary care doctors opinion and goes out of the way to enhance the psychological c e s price provi