application for salsa security disability and its january two thousand and fifteen application for a supplemental security income mr berar is disabled due to the effects of traumatic brain injury sustained in may two thousand and eleven when he as an intoxicated driver was involved in a major motor vehicle accident which claimed the life of his his friend and passenger  a sense that accident in may of two thousand and eleven he's been described as irritable short tempered with people he testified he would scream at people in curse at people but he himself did not consider this to be a violent outburst  trouble from the workplace including extreme limitations in our understanding and remembering it's short and simple instructions responding appropriately th how do you deal with that we address that in our reply brief your honor because as as i noted in our brief the commissioner has now filed some supplemental record additional evidence which should have been in the record that completely undermines we believe the district court's interpretation the district court was under the impression that dr hertz didn't really know mr baradei he didn't know that he had a problem with  compliance that the district court believed that mr berar a and excuse me believe that dr hertz was ill informed that he had a history of out use of alcohol and drugs the drugs being marijuana but that's not true because with the introduction of those treatment records we see that dr hertz was well aware of mister there are is long history so those  the treating psychiatry is the against his his opinion this should have been done by the administrative law judge a hearing it in do it he didn't acknowledge dr heard his report at all and so the district court was speculating that this would not have made a difference because there were no there was no treatment history but that itself was not true either right because we know that we now know that those records were  dr hertz knows us individual dr hertz is giving very clear opinions which are in fact supported by the record not to track by the record and that's the really supposed to be the starting point was there was standardized tests but that's not the area that is having trouble and he's having trouble in his emotion and his conduct and the the report from top to send a bright men and in july of two thousand and seventeen just t in by someone who sees someone two months later unless there's been some interval change this has to be right has to be relevant to the earlier period of time dr pride been says that it's very difficult to have a fluent conversation with m belt and volunteering to teach kids all of those things in like he was you know had the capability of you know pursuing developing and pursuing those goals yes i think it's up someone they al in his sophomore year at college he later went on and completed an associate's degree which i understand is a two year degree but most of it would have been completed before his accident right so two years after his accident two thousand and fourteen he completes the associate's degree he is motivated to be employed he did seek jobs he went back to greek the greek restaurant and they said you're different than the rabbit were before you we can't have you around here he tried another restaurant after that was like for having a bad attitude and he wants to work but he can't because he has these these interpersonal conflicts with everyone that he comes to comes to meet with and not acknowledging dr reitman's very clear statement about how difficult it is a conversation with this individual you know what we can't get to his is his smarts and his ability to  warning my name is candice appleton and i'm an assistant united states attorney in the eastern district of new york and i'm here today representing the commissioner of social security but you address at this is raising the circuit mr bowser is represented since day one and i have been told that these records were in before the administrative law judge they were in before the appeals council however when the record was put together the federal court that was the point at which they were mixed up with another exhibit so we promptly set about getting those records so that i could review them and and certainly if i had  found them somewhat consistent with dr hertz's opinion we may not be here today but a careful reading of the evidence in those four pages of notes dr hertz only treated him five times in two thousand and eleven once saw him once in two thousand and thirteen once in two thousand twice in two thousand and fourteen and then stor came back in close proximity to the hearing in two thousand and seventeen counsel and the error was in putting together the appendix for for this court that is what the declaration attached to exhibit twenty five below indicates and i have no reason to question it or to validate it but i do know no concentration problems no attention span problems so that evidence certainly as well as all the other evidence in the record and again as i think you mentioned judge kogan as always did a wonderful job of an individual that that could not work in a low stress job the r s c found commissioner is very limited mental r c low stress environment unskilled occasional decisionmaking only occasional changes in the work setting only occasional interaction with colleagues and coworkers and certainly the evidence from dr strawson or the neuro psych exam by his daily activities that consistently even though he did have a tragic car accident in two thousand and eleven dr tester said the brain m r i whatever abnormalities were there that that he was not being affected by them you go on to get an associate's degree with a three point five average he taught karate he apparently participated in the nasa community college wrestling team he got a black belt in brazilian jiu jitsu he taught karate to students since two thousand and fifteen this is not the record of somebody who is unable to work at the age of nineteen and  thirty four again it's not this is exhibit nineteen in the judges in the record but it's not tacked it's not exhibited and this was one of the problems with the file i don't know whether or not judge  he was he went to hofstra university is st year on a scholarship for wrestling so we know he was a wrestler he fell back on the single do all those things where they couldn't do a low stress job he can't be