medical expert testify the a l j accepted medical experts testimony in his decision and then the l j ask the occasional witness questions honor and the fact that she would have to break her standing and walking into shorter segments is what the medical expert testified to now mrs glass with wayne the way the job performed in the national economy and as recognized by the dictionary of occupational titles so the words what she said that she did was consistent with the way the jobs were normally performed yet those jumps as they were normally performing as she testified to or if she described him would not accommodate somebody who could not move quickly or would not accommodate we were to accept your arguments would we very simply man for the l to take into consideration these things that he didn't account for before you know that is one of the options i actually believe that are i don't believe the court as required to give him that opportunity in other words he had the opportunity to alternatively found that there were other jobs that she could do he just chose not to so if these things were accepted then the court could reverse the payment but if the court was concerned and believe that he should have the opportunity to consider these limitations then the how long ago was it th so that you could not continue to perform that type of work certainly on let's address the slowness first she had worked as a health care provider in homes  for disabled adults and disabled children particularly mentally retarded adults and children and elderly adults and she had justify that there were times when she would have to quote take down a patient or she would have to lift the patient or catch a patient who was falling over who had passed out obviously this is not a situation where you would want somebody who moves so slowly that they're not going to be able to catch somebody that's falling or who is so large that they're not going to be able to bend over to help somebody who has fallen this woman is five foot eight inches tall and weighs four hundred  circumstances if she would have to actually lift somebody to put them in a wheelchair they generally have a system of lifts where the person doing the work isn't actually bearing the entire weight of the person ok so it wasn't the lifting aspect of it that was the problem with the aam respite care worker it was the slowness of it now the other job was the garage attendant cashier and this was a job where she had to stand and walk more than fifty percent of the day and the medical experts said that she wouldn't be out she probably wouldn't be able to do it more than four hours and that was if it was broken into shorter segments while in that job your not given the option to break your job and sure say you have to stand and walk as a job requires it not as you need it so she didn't have the ability to do that job either and by that job like that this is a job that doesn't involve any significant left thing but is categorized as light work because there is a significant amount of standing and walking so if you think of you would be on her feet all day and obviously according to dr mason who was the ale j s witness she didn't have the ability to do that there no for the questions of reserve whatever time for  good morning may please the court my name is john custer i represent the joint vanhorn yeah police commissioner social security the commissioner's position in this case is based on substantial evidence that shows that the claimant can as a cashier and duties as a traffic to correct traffic director partly as you have to do for that other claims description of what she had to do it sounds as though the job involved events parking so that she would have and indeed she testified that she had a certificate for this type of employment that she would direct traffic from the pay area i think we can only assume that that's the the claim it's descriptions of her past work as set forth in her vocational report due waste missed his parents council stated indicate percentages of times that she said she had to stand and walk however in the case of the parking lot attendant slash cashier job she also stated the amount of time standing and walking v and the job descriptions suggestion i think the vocational expert reasonably infer that in fact she did not have to stand and walk seventy five percent of the time over an eight hour day long this job perform her just like past residual function to perform a prior employment and so that's that's unusual but to be at this stage so i mean i'm period or or i should say in addition that the claimant has not shown that her ability to perform past work be affected in any way why use a slow pace  securely talking about we're talking law right now but i just want to say common sense wise this woman weighs four engine fifty pounds and ever seen a four hundred fifty pound person i mean it just doesn't make common sense to say that indeed it might but the claim it hasn't shown that being slow would prevent her from being a cashier or from being the group home eight although opposing counsel suggests that it would that's not in the record we don't have substantial evidence showing that those jobs require one to have a fast pace and in fact the claim it was as heavy well certainly was a bea but again i would say that the claimant simply didn't meet her burden of showing that she was unable to perform his jobs of she had to show that she was not on only one able to perform those jobs as generally performed in the national economy that is defined in the d o t but also as she previously performed the vocational experts testimonies on rebut it that the claimant could perform those jobs there's no evidence showing that the claim its pace with a fast slow or otherwise would affect her ability to form those jobs and given the medical experts testimony that the claimant would need great i think it's quite a stretch while standing walking i think it is quite a stretch to assume that those would be more frequent than ordinary breaks which is what the l t a assumed in this case social security ruling ninety six dash nine p but i don't have that with me you are so again it's admitted that it would be inappropriate for the court to remand for  payment of benefits because of this burden of proof problem and further if that were if the court found that there were grounds a younger individual there's a strong likelihood that there's quite a variety of work that she could do she could perform sedentary jobs even if nothing else has changed there's also the possibility thank you so i think the real point here is being realistic the jobs that she described were accepted by the vocational witness as being accurate as to the way they're just they're performed in the national economy so if she said she did this to be nice that yes that's the way it's done so realistically the person who our i mean absolutely but in addition to the weight she now has the injury and the weight compounds the injury and that's the reason that the a l j is directed to consider how does the weight of fact in her head that's clearly hypertension it slows it down it keeps you awake at night which of course is then going slower down the path but realistically anybody who has to break their day they're standing and walking in shorter segments is not going to be able to do the parking and cashier job particularly at the special events marking ok you're going to be all over the parking lot directing people here and there and where to park and you're going to be moving as you ok you're not going to be able to say ok that's it my segment is up i need to get some relief either sit down and lay down realistically that's just not allowed for in that job is that one of the doctors say how often she needed to have the right next president just saying often times your doctor masons the cynically said that it would have to be in shorter segments but the order presumes shorter than regular shorter than normal and has counsel pointed out normal except the greats normally in a work day are after a two hour period of time so something that's a shorter segment would have to be