technician for eighteen years after suffering with pain in her arms for over ten years she finally had to stop working and subsequently had to carpal tunnel surgeries after the carpal tunnel surgery she did not obtain all the relief she had hoped for but continued to have pain and swelling in her upper extremities and pain in her neck she was eventually diagnosed with a mild fashion of pain syndrome and a depression secondary to her medical conditions the able jay at the hearing or after the hearing and his decision found that she only had the residuals of the carpal tunnel so surgery he did not make any finding is regarding that my old fashioned pain syndrome and he found that the depression secondary to the medical condition was pain and gave a series of reasons but the series of reasons didn't identify what complaints it was that he wasn't finding credible and in fact there's no way of telling from his list of of reasons whether he's talking about carpal tunnel syndrome or whether he's talking about my factual pain syndrome so from that point of view there's no way of knowing whether or not those are clear convincing reasons in light of the fact that he doesn't identify what impairment that he's talking about do her treating doctor dr cage who did the two surgeries did find her temporarily totally disabled under the workman's comp system but no doctor was specifically asked in terms of social security whether she was disabled or not and social security doesn't consider a doctor's opinion as a person's disability to be any controlling weight because they say that's an issue reserved to the commissioner no your honor there was a short period of time when she wasn't taking any medication she was taking pain medication but she develops and complications in particular she developed develops problems with her ear and for a period of time she was taken off on that occasion at the time of the hearing she hadn't been back to see dr cage yet and only been to urgent care urgent care had prescribe her new medication but because of the complications with the previous medication she was reluctant to take it and just she actually start treating doctor so it was only for a short period of time that she was off pain medications i think one of the really important things in this case is the fact that the judge effectively accepted the fact that she had a depression secondary to a medical condition and that she had a global assessment of functioning of sixty but then came to the conclusion that herm mental impairment was not severe well global an assessment of functioning of sixty is a person who has moderate impairments and social and occupational functioning the significant amount of trouble in hearing about those things but the fact of the matter is when you look at them she was not doing a significant amount of activity she was getting help with almost everything she did at the driving she did she go one child to school but didn't drive them home so there's no and no evidence that this is activity that's either consistent with her ability to do light work which is what the l j found or even consistent or even inconsistent work which would be forty hours a week i like to reserve the rest of my time for  cage did say she was temporarily totally disabled but there is a less than twelve months time period in which she apply that opinion therefore that is not an opinion of disability under the social security act because section four section two two three of the social security act indicates that disability means an inability to engage in substantial being selected for at least twelve consecutive months so his opinion doesn't meet the threshold of disability even though he uses that word so the carpal tunnel syndrome significantly olivia alleviated within twelve months and then we have the my official pain exactly how well he he has is he has his list of reasons and the one i'd like to focus on is exclusively the daily activities if someone has a significant upper body impairment and perhaps i'm making too much of this it's doubtful or it's a reasonable inference that it's doubtful that someone in significant pain from that impairment would be driving their child to school and driving a child's syndrome and then we have a diagnosis excuse me a g f of sixty made by a social worker concerning the claim of suppression the anal j said at most he didn't he didn't adopt it wholeheartedly and this was one of those in which if i would a brief this today rather than several years ago there would be pages and pages of exposition on what did you have means but basically it's a snapshot even if it's by a doctor it's a snapshot of an impairment rather than a long indication of an impairment some by social workers with not medical evidence it's a snap shot so it doesn't meet the ration requirement and it has access fo factors which in this case were i believe economic so it's not simply a medical assessment ga after sixty and sixty is right on the cusp between moderate and mild symptoms i mean she didn't appear to be abnormal and i mean in the pages of two of the record leading up to that point i just wonder when they asked w with the with the person and the person symptoms what they say their problem is then they take a history so they've got a history they've got their observations of the person they've got the person's statements as to what their  problems are and then they've got some idea of the person's life situation which would come in on axis four and it may be legal systems family problems economic problems so there's  and here of course you have g s of sixty leading apparently to group therapy and there was no real evidence in the file of this group therapy and apparently shortly before the hearing the the claim that missed several several sections of the group therapy so i would submit that conservative treatment in the g a o were made by a physician as are a psychologist or psychiatrist as put a load in but she always had them all of that she had responsibility for meals and the like there on the full exposition between it's truly and her daughter is th work and i submit that that's foremost in every one of these cases you have the whenever you have a daily activity indicated by the claimant they don't say well that's on a good day or that's with health and so on but you have a variety here including shopping getting children ready for school doing some component of laundry doing some simple cooking which i think is substantial evidence for the conclusion that he had that she had the out of it while you were out of the statement by i mean there's no indication that that's how she got her children ready for school want to partly there were quite a bunch of them so certainly you can all into the mix the relative lack of treatment the lack of diagnosis of assessments of disability the lack of medication i think the l g a was justified in coming to the conclusion that he did thank you i would like to just address the daily activities for a moment and point out the fact that there were five children at home and they ranged in age from nine to eighteen so we're not talking about having to dress young children or anything like that and mr lee did say that basically all she did for the youngest of them was wake him up and then assemble is lunch that she actually make his lunch but she put together things that were already made there is clear evidence that the only laundries she was doing was a laundry for her and her husband because the rest of the kids did their own and she even got helping doesn't mean mild symptoms it means moderate symptoms and if he has moderate symptoms then it's not an on severe impairment it is a severe impairment and he should have evaluated it that way and he gave no explanation of how he came to the