schneider will hear from you st it happened in your honour's council and may please the court the burden of proof is on the commissioner to establish that my client has transferable skills that allow her to perform other work in the national economy that close attention must be paid must be paid to the actual complexities of the job in dealing with data people or objects into the judgments require to do the work when determining the issue of transfer building of work none of that was provided to the location of her before he provided testimony it's plain based on this admission admission alone your honour's that close attention was not paid to the actual complexities of miss webber becomes a job as an army reserve locational expert as a skill the notion that my client had general recordkeeping skills especially the notion that this require computers of the beat testified that this supposed that skill possibly involves keying that information into a computer possible quote just depends on the system in procedure close quote is what the occasional expert said again the be admitted that he did not have any information on the description of past work respect and honor because the description that a sweater set forth in her checked the box forms and preprinted forms that she submitted t consideration of the actual complexities of misled bird work that was not set forth by her and why would she accept those who are it's not her burden to disprove that she has transferable skills it is the commissioner of peru to prove that she has skills and that can't be done given the flawed locational testimony that's been proffered by the commissioner in this case and so what do you want to know what relief are you saying she can hide the ball and not develop what she did for twenty years with the army are you watch proceeding in which she would be questioned in more detail about her her work and then do finding out whether she had transferable skills what commissioners already found that she has a residual functional capacity that limits her to a restricted range upset interior work that she's there for and capable of performing her pastoral the work not able certainly to perform other leading level  work and the commissioner respectfully does not is not entitled to a nd bite of the apple to prove the my client's as transferable skills certainly my client was willing and able to expound upon her duties to talk about the actual complexities and bushie given that opportunity record would show that her duties were not that camp complex at all but that opportunity was not taken by the commissioner it would be inappropriate for the commissioner to deal was very directly asked what for either the record or miss webber's testimony made him believe that she had acquired data entry skills you respond by saying that he heard  her that she quote coordinated meetings training sessions inventory close quote that said in the transcript at sixty six of the administrative record imagine miss webber surprise when locational expert told her that she coordinated meetings and conducted training sessions entering data all the while she never did those things there is no evidence in the record this voluminous record that she ever coordinated in meeting or conducted a training session  sure what kind of computer use would be required there and with regard to importance respectfully the standard is substantial evidence the regulations and the rules do not allow the commissioner to draw a conclusion or to guess or to set forth a hunch or infer that my client transfer skills rather the commissioner has to consider the actual complexities of my client's past or all of the work before making a enough how would you distinguish this case from those kids i think it's both factually and legally distinguishable your honor legally this court has recognized recently in the sloan versus all case the notion of a comp indicates a particular job may or may not be identifiable in authoritative reference materials with regard to the truck driving case and s s r t two hundred and forty one recognizes this as well a truck drivers a truck driver is a truck driver that's not going to take much consideration of the actual complexities of that job because there is a corresponding title in the dictionary occupational titles in this case as the able to correctly concluded an army reserve technician is a competent job after that job is identified by location where expert is as a combat rifle crew member this is exactly a nine to five a desk and so with regard to that this is leaps and bounds different than that driving a truck over the road in a commercial context  there is no evidence that those administrative duties involved entering data that they have evolved substantial knowledge of the use of the computer there is no understanding of what simple office equipment what it was used to  return to your honor's question about the davis versus layla case that factually is distinguishable from this case here in davis there were findings based on client or from claimant testimony that they were number of collected deposit deposits burnished receipts there is nothing resembling that kind of exploration of the actual complexities of my client's pastoral the work in this case it and therefore nothing to basically get the commissioners to regarding transferability skills another concerning issue in this case is that the vocational expert did not utilize the definition of skill that spike clearly set forth worth considering it is a quote knowledge of a work activity which requires the exercise of significant judgment close quote that includes things like making precise measurements reading d blueprints setting up an operating complex entry might always be a skill under the lay definition it was applied by the occasional expert in this case but there is no evidence that my client performed any to injury much less data entry in a way that requires significant judgment recordkeeping might be a skill in the mind of the b but there is no evidence that my client performed a record keeping generally in a way that is comparable to really blueprints or making precise measurements  certain blueprints and the other things that you're raising i don't think that's on all fours with this case your honor because there is an evidence that my client was a general office clerk i know the commissioner of as i described my there were certainly it's on the administrative duties what exactly are those duties were beyond the fourteen were description of my client step forth is really a normal but the vocational expert in setting forth my client's pastoral the work summary identified components of combat rifle member and also administrative clerk that doesn't mean my client was an administrative clerk it means there are some of those duties they were a corporate it is composite job and that's what required further exploration by  commissioner in this case in my client would have been happy to answer any questions about her past relevant work and go into those actual complexities but the j to be did not take the time to clarify and it's worth administrative clerk and combat rifle crew member for twenty six years but she testified that during the final years of this job she was performing more administrative work in her  that she performs perform the administrative clerk job i don't level of exertion that is that nice commensurate with the demand set forth in the dictionary of occupational titles these titles would include work such as copying data and compiling records and reports preparing stock inventory handling me all operating office machines and payroll of medical consultants report also describes what hurts work a remedy that and her decision in order because she was quoting archie was quoting from eighty to forty one which i think the council and i both agree is binding and should be followed to the support but to that point suggests that this would only be required in a semi skilled job such as a sewing machine operator or some other type of nurse they are a technician where those skills that you would learn would not easily transfer to other skills that have similar seps but when we're looking at it and ministry to perk position and i think it's it's important because the both the role quotes on the other hand think the a l j appropriately found that that this would include the use of simple office equipment data entry and record keeping there was also information before the court that whatever did cable and w think about the fact that she was in a office for for me he will this absolutely would require at least using a printer or possibly a computer and entering some type of data and knowing how an interface of the other system works it would be impossible to do any of that in a government position and circa two thousand and ten without at least you know ability to use simple the nd argument that i'd like to point out is that the l g properly defined scales and properly found that she had acquired data entry general record keeping and the use of office equipment and again i'd like to point your hono  and then we're looking at a timeline really look at what are the semi skills what are the tasks that are semi skilled that she did that would take at least thirty days but no more than six months to to  learn on her own testimony she was doing this job more predominantly near the tail end of her career so we have to assume that for the last several years in this role this is really what she was doing she was wholly non war to the administrative  holding and precedents teach that if we have a description of the work and it supplemented by a vocational expert's testimony that is enough to sustain the a case decision and it should be affirmed we're not looking at whether or not one might have come to a different decision and we're looking at whether or not it was reasonable on the record as a whole to find as the l g a ted and i urge the courts look directly to all of the statements that mr made going before going into the hearing statements of the medical consultants i think the dictionary of options occupational titles is very informative and can assist in a finding that there was reasonable evidence to to secure this position and i think all of these combined meet the substantial evidence standard which as the supreme court has somewhat recently articulated it is not a high burden commissioner at step five to further the shift to the commissioner to establish that claimants can perform other jobs and that is in the national economy and in this case obviously it's proving that other work