i am actually troubled by the district court decision a lot of medical diagnoses happens just routinely the doctor says you have a hernia or you have a low b twelve level or you have any just hundreds maybe thousands of medical conditions and they say that based on my observation of the today and the way this medical condition develops you must have had it for at least several months or at least several years and that's just the way medical diagnosis works takes a while diagnosed once you have your diagnosis usually it explains things that went long before so for that reason i'm troubled by the district judge thing well since it is diagnose it till the end of january couldn't have it at the beginning of december however our standard review is it has to decker which won north versus black and decker the supreme court sad that we're not going to have a i can't remember has lost the phrase but we're not going to rely on doctors who are just doing chart reviews let alone who have never even seen the patient and those doctors are going to be credited just as much as somebody who has personal just because he made a different diagnosis and the diagnosis is the part that concern me it just was some times after december first what was the time what what when dr pepper first see your client nothing in the record that indicates he reviewed any records either either dr kay learns records or any other records to show what the situation was and december one or nearly about that situation what is that makes his testimony believable or something that despite the can be relied upon when he sees no records but but he sees him three months later and says understand when you're disabled  and he concludes that and that he's sixty five slant hundred test score and that indicates that there were mild symptoms minister says test there's no indication that he's an improper physician there's no indication he gave a bad testimony cation that he didn't do his work and he says that there is a sixty five slant one hundred test score which is according to test score mild symptoms and he doesn't give them a disable slip and that's what we have yes but that same doctor if you look at his two thousand and two report which is at page two eighty four changes that score to fifty nine and he has them disabled because and this is the man he's given the disability slips to i don't see where you're reading oh down there are a number that has been regularly filed for ongoing depression was transferred to kaiser and year two thousand and one so where now were the records between twelve  think you need to do we would go back to  exam on that date could you tell me where it says he was prescribed paxil december first send a letter explaining it was a problem was to him was troubling to me also because you know sometimes you need these factors are not always cooperate if anyone ever take his deposition you know we did while sometimes for the doctors to figure out with a problem is diagnosed with them once they do it explains things that are before the diagnosis that were previously unexplained and there are a lot of conditions didn't just happen a panic disorder and a serious clinical depression at the beginning of december and i'm wondering whether records and did not see mr i feel as of the date of disability it was perfectly rational for them to weigh that in a different manner than understand why you'd have to see in the date dated the disability i mean it's common for people not to even go to the doctor when they first become disabled because they think it will go away and then they go to a doctor some time later and the doctor says my goodness you've got this nice condition and you must have had it for a while and that explains what your problems have is mild symptoms and mr i you are never attempted to return to work so there was no need for the plans to ever look at another job for him because he never tried to come back i understand that you don't think you have any burden and people are able to work and take antidepressants and found that he was not just tabled as of the date that he stopped working on december first and looked at the gas would indicate that he found the symptoms mild and that there was no indication had proven that he was disabled and unable to perform any job or maybe you could explain to me i got this information on sixty five from your brief marriage twenty seven and it says the score of sixty five recorded by excerpts of record of the trial hearing and before judge white where the parties discussed and submitted g m asked for me and i think i would be happy to submit a copy i'd like to look at it in the as well it's on they began the discussion on page five lines page five line five and they start talking about the medical impairment including the gaps where fifty nine and recognizing that i'm over my time i wonder if i might briefly respond take thirty seconds to a minute the district court found that the playing of can show evidence of disability under the plan as of december twenty fifth two definition if you want home sex for a day and you weren't paid for that day off then you'd be uninsured was that one of the things that you can do that determines whether or not you're an active service is whether or not he was paid for the time off from the summer of first to december twent i don't think it is i think the question is is the interpretation of the act of service role which is that it's a substantial part of our brief that's a third issue that we they do have a range and as you get lower as you get closer to zero it's more severe but it's not it's i'm what i'm saying is it's not that simple that you can say oh it's sixty five you can work eighty you can work