all right we're sensing a theme here our third case for this morning is baldwin against acting commissioner barry he those those that don't appear and reported all there's no finding by him that there's any action by mr baldwin other than full and fair effort second question is as between physical therapy there is frankie  baldwin to lessen sedentary work there's no citation in any material by they by the commissioner and any level that that's not an appropriate analysis in terms of this is the way it's done in  gatekeeper already i don't think they're necessarily the paradigm of gatekeeping but when i see that the l j had in fact taken paresis or so to speak and just snip out the report it's own that's his thoughts therefore we're back to he's capable doing light work that's inappropriate i my job then is to alert the appeals council so the case doesn't go up to the district court in land in this court ultimately that page flashing red light he's misinterpreted misunderstood misconstrued commission's own regulations take that into account they knowledge that different people perceive pain differently and those of us have done disability receive some people's like why weren't you in here two years earlier you've been a steel worker or which is a wicked wicked opioid that the da is telling manufactured get this off the market because of its addictive properties that doesn't make sense to ok he's his disability ends and then we give all these is a doctor physical therapy now doctor for a physical therapist frankie finds that he's not capable performing sedentary work and you see these medications i mean it makes no sense that you do all these interventions but he was functioning better when he was getting those interventions and he was before that doesn't make any sense and that's that's because the l g did not take a logic that we do take into account how well somebody does with the very center benches with the essence play doctor which is what he did and go ahead and just take the scissors out and just snip it out and say i can disregard that he can't disregard it it's all in one package it's it's a holistic report this explanations here i can hardly wait for this process of barcode or some kind of q r code on them and or and matching them from amazon i don't see a price as that could very well be part of you know what the price marking is that is working with you know that coding as well when you work with that coding i'll just tell you as you program the computers in the store so it's an i t job it's not a it's not a four dollars ninety five cents per it's also mean if you go into any store you'll see prices listed on when you're going into an actual retail facility which i know that the internet and has has made online shopping much easier but there are still retail facilities that exist all over the place and that's where you find you know has to do with again you know the evidence that the that the a l j was willing to take into account and your opponent is concerned with with the just regard of  probability that the decision the outcome would have been different or they're so persuasive as undermine the l g s decision and i think it's really helpful because i'm concerned that we've sort of missed characterize what that functional valuation testing says because his opinion and the bottom line opinion from that functional testing is the results that testing show he could do the exertional requirements of late to medium work under the department of labor standards which are the same at the agency so when we say he could do it what do we do with pain i mean somebody can do something good if they're in intense pain while they're doing it and they've got to take a strong opioid does that mean this is the person you want on your working floor be you know somebody who overestimated what they could do in the gym you know he's in a lot of pain testifies to the guy he also reports consistently actually beginning in february twenty four thousand before  starting to really change the situation he's starting to improve he's reporting i think keep teachers off the steroids that he was taking because he says my joints are feeling good and i'm experiencing le j did not say that his rheumatoid arthritis was cured as of mid may twenty fourth you know i mean that's a problem actually it's ok for a little while but then by the end of the month it's bad and usually vocational experts will testify that if somebody needs to miss more than two days of opinion that he gave in september twenty third team could that could be the product of the of the time line point that you were making the thirteen may have been some improvement here the difficulty i have this is how how we can have any confidence that th complain of significant pain in the shoulder and neck and back but he also doctor she says that he seems to ari seems to be better controlled in august twenty four t n and then we have these other treating doctors and we have to have a lot of confidence in the may fifteenth they asked her and i think you can get if you view this as a whole we really see this this improvement that starts earlier than even that may sixteenth day and we see it in february when we actress starting these infusions are starting to really help and this is different than you know the first year and a half or two and a half years where he had you know the initial diagnosis and there are making adjustments the treatment regimen he goes through a series of different  suppressants we start to see in february the act hemmer is working but i'm a ways how do i suppose on a scale of one to one hundred you have to be up to sixty before you can work and he maybe starts out of twenty you know and so he's really not doing well and the treatments get him up to a forty sides so he's improved clearly from from a twenty to a forty five but he hasn't crossed that threshold over sixty some i'm interested in where we can see from the comments about improvement that this actually means you can work as opposed to you know i'm not lying in bed in agony all day long well it's still quite impaired and to that point mr frank he's  december twenty four thousand functional testing shows he can lift twenty seven pounds occasionally from florida when he can lift twenty pounds occasionally waist over head he can carry twenty five pounds occasionally over a span of thirty feet he can push and pull was eighty to eighty nine pounds all day long occasionally forty hours a week occasionally so this is right so again i mean trying to get that's a little bit like our problem with daily living if you can do it once great you know that's good it means you are less disabled than you might be but does that translate into the ability to have one of these jobs you can also look at it in addition to that functional test saying we have this treating r opinion which again i think you need to look at how those changed in september two thousand and thirteen dr rashida saying he has significant pain and significant for t v that were choir extra breaks he's going to be absent more than three days a month by december not male fourteen exactly but we have the lead up against it to that but that's just not this question about what's so magic about may you know isn't there some significant evidence that after me there are still problems there is out here just may twenty one fourteen note right around me where as a doctor saying he has severe rheumatoid arthritis several immunosuppressants he's on a bunch that he finds but you know the aryan society on him or the diagnosis alone is not reflects an individual's functional ability in addition as you mentioned earlier if he's if he has adjusted his treatment regimen to an work this is a very extensive r f c where the l j gave weight to the treating physicians and he's a thirty two i think thirty two years old at the time of his alleged onside so he obviously has severe