janitor type work or as a security guard and we have taken issue with that i think the starting point here is to look at the findings that the administrative law judge did make in this case there were two hearings in the case and the first hearing resulted in an appeal and every man from the united states district court accepting the findings of the administrative law judge but we managing it on the issue of vocational testimony because the commissioner not presented in the claim and mr mcelroy did through a licensed certified vocational expert whose testimony was accepted at the first hearing but the commissioner had not presented testimony from our standpoint mr mcelroy should have been awarded his benefits at that point but the district court sent it back for a specific purpose of evaluating mr mcelroy his credibility and to present locational  testimony that there was some work in the economy that he could be could perform if we look at the findings of both hearings that that encompassed this entire decision he found that mr matthew wright had sufficient quarters for coverage he was unable to return to former employment that he had been employed at to appreciate that background the issue i start with is the credibility issue because it seems to me all of the other findings hinged on that in terms of findings that he made we get right down to the fact that he was disabled from everything he could have done previously so i'm not sure what relevance that had but when you look at mr mcelroy testimony it was supported by the doctors he had two very reputable board certified physicians that supported his degree of disability that he testified to so it's not as though he presented a case where this hurts and that hurts it's subjects and it's where do you think this jumps and the fact that the administrative law judge ignored the object of evidence in the case it's ported mr mcelroy restrictions and ignore the opinions of these board brown is probably the leading specialist in that area found that he had met all of those criteria therefore objectively he has a severe fibro my fibro my allergy is a condition that creates very severe pain in many areas of the body and dr brown identified the neck the shoulder the upper extremities and the lower extremities mr mcelroy is or neurologist dr ginsburg identified a ruptured l four l five that is object of evidence of an individual's complaints of pain and restriction just like the object of evidence of the fiber of my algea mr mcelroy testified that he could only walk for fifteen minutes in a period of an hour to an hour and a half and then he would have to sit down or lie down and use ice to try and bring the swelling or pain under control so he could get up and try and do some further activities that it would take him a full day in order to just do his household chores that would be making meals cleaning the house doing dishes and vacuuming it would take him a whole day because he could only work for fifteen to twenty minutes at a time and after take a break in order to get back to he also made findings that mr mcelroy was not capable of returning to any of the work that he had done in the past which was a carpenter a construction worker a gardener that is severe the severe fibromyalgia that was found inside a condition that the courts have accepted as creating total disability the administrative law judge wanted to see the department of labor and industry records in order to see but that was a contingent of opinion based upon the results of the physical capacity examination next to them they recommend it be done it was completed it showed that mr mcelroy could not perform light duty work he could not even perform had to re examine that opinion because of the physical capacities exam and when you when you look at the evidence that was supposed to be considered when the district court sent the case  the administrative law judge called a ms stewart of occasional consultant who had never met any of the met by didn't know his medical background his mental health background his cognitive deficits is mild depression didn't know that the judge had already found he had severe fibro my alger she knew none of this and then made an opinion that he could perform light janitorial work which required repetitive bending stooping lifting of items of more than up to twenty pounds and yet she acknowledged that you have to teach physical capacity exam showed he could not live up to that amount and he could not perform that job she was not aware of the medications he was taking that clouded his mind so that he could not confidently be a security guard and that he couldn't walk six hours in an eight hour day that's the requirement of the janitorial job in a security job you have to be able to be on your feet walking climbing stairs attending to various areas and buildings in order to be a security guard you have to have your wits about you you can't be on medications the cloud your money and the and then straight of law judge gave her hypothetical assume that only a cervical condition that prevents him from making sudden movements with his neck and that he can't work around machinery or something that requires climbing or heights that was the extent of the hypothetical based on those hypothetical facts in this ca occasionally consulting what can he do and she said he could do like janitorial work and security guard work he left out the fact he'd already found her to have severe fibro my allergist that she was that he was taking these pain who paid insurance premiums and the medical evidence is not there just part the level nature of steps of this disabling these cases with daily activities are always difficult because if you say you lie in bed and you nothing then i say well then you are a moment or so now he gets out of bed and he tries to do things and they say well you do what you do you're saying you're actually trying to go about your daily life but that's inconsistent with being disabled so we do have cases that suggest that carrying our own life within the home it is not inconsistent of course with it's not like he's cooking eight hours a day or it's not like he's addressing himself eight hours a day or in any consistent way so how do you fit this situation into those cases where i've never started in this matter that of movements and it's very logical findings were especially normal and that's transcript to forty one to forty two to look at the medical evidence and he looked at the allegations that the plaintiff's reported what his district court even noted that i mean there are you know a couple times here where there was a doesn't really accurately portray woods even in the record so with would you agree that although w is a comment about you know all we have is these medical records from later when we have this one that's pretty much when it should be and it looks sounds to me pretty consistent right in dr brown's report here contains objective and subjective considerations as you period at issue and he reviewed the past medical records and reported on those and makes a very clear case of how mr mcelroy in the course of his employment has injured years back and injured his neck and that the conditions were blade up into the neck headaches increased with neck motion in any direction feels there is sand in his neck he has to be laying in the arms which often feel as if they are asleep he is worse with coughing bending over a gr