nineteen eighty four were to be refueled by every state agency an interesting thing happened this week on monday march twenty sixth the so security administration changed their social security rule on credibility on what credibility i presented the old rule on page thirty two of my brief and it is ninety six seven p and the importance of that is that on the credibility issue i said in my brief i say look at the medical impairment and look at the symptoms and therefore when you judge the credibility of all the it declared immediate now the supreme court held in the georgetown university case that with unimaginably rare exceptions changes in the ministry the rules do not apply right the right are just wondering whether this one declared the other thing that happened on this case was that i found from the commissioner's brief that they were arguing palms the judge did not argue for times and i could have said therefore this would be a chin chin area argument i didn't argue that because it gave me the opportunity to find the correct palms the correct pum expert listed aren't those jobs within within his capacity to do first of all you used the word works the judge did not find he had substantial painful activity the judge found that what he had was that he had some work skills but the judge did not tell us what the work scales were played i don't understand you the judge in the way this works the church explains to the vocational expert the physical or mental limitations of the applicant and then the to need accommodations and structure and that the acknowledgment that he works flow his pace islam well when he was working in the flower shop what kind of accommodation did he receive he was working for his mother and his mother said i took him to work because i am did not want him sitting at home alone and felt he had really no expectations of any work standard he did have certain things he dead that word driving to known places that noun times but if you wish to drive to any other place he would get lost yes but what about in the flower shop what does he do in the flower shop nothing nothing who are he didn't they i mean they tried they would have him answer the phone but the poem messages were mixed up and it would anger the the  he did go to the wholesalers because of the same place every day i think there was one exception on her not being there was there was a gas station that was close by and these are so several of these things i can do you shouldn't be a judge right i don't play computer games i don't ok if you read him brother harold play he went to college for the learning disabled that was considered back in one nine hundred ninety three is but it's been considered long and it was just like this judge had just discovered this and wanted to make a deal about it where he had tutors special help and the most important school that he went to with landmark which specializes in it and they couldn't help him well he didn't  there he had tutors and help in everything he did after that and what was that associates degree of i don't know each time it was known previously i think the adjudicators at the state agency understood that there are schools for the learning disabled and this learning disabled programs could not change his pace they cannot change his need for common accommodations they cannot change his need for structure that continues into his and tell him i think my time is up ok thank you very much  may please the court america true on behalf of the commissioner tanter judge williams questions it appears that it is associates degree was an arts and humanities got up and yes his associates degree was in arts and humanities and he was a few  credits short of a bachelor's degree apparently it was their research methods and statistics class that was quite difficult for him to complete and as to judge easter percs questioned the new ruling is is not retroactive was engaging in some way arc that is evidence of medical improvement previously the impairment equal to listening and then there was evidence that he was working in the flower shop after an eight hundred eighty nine that is evidence of medical improvement  he could do a few pinpoints on that judge williams first of all as it's disputed did you agree to which supervision was required in the answers changed at different times so for example when  mother was questioned by the agency investigator in two thousand and five she didn't make any statements along the lines of he's not really working here she said he's working here but he's being paid room and board so we didn't think that we needed to report it no later on she offered a somewhat different explanation of it but as they algy explained this explanation was not fully credible because if he was as incompetent or as a napped as they claimed it was unlikely a flower store the life blood of its business is getting flowers and then getting them to the customers why would they entrust character with this mission critical task if you was completely unable to perform so they l j did consider the alternative explanations but found it not credible because in the end she still trying to run a business and and if she just wanted to watch over him she could have had him sit in the store why would she allowed him to deliver flowers why would she allow them to pick up flowers if you really was unable to successfully do those tests also like to point out that at the hearing eric of rather himself testified that you know about fifty percent of their an argument before the administrative or tried to reduce record working in the flower shop should be treated as equivalent to a characterization it is a possible characterization but again it's someone who who by his own admission is being sent out onto the grease alone fifty percent of the time you know he didn't there was a small amount of vocational expert testimony of what constitutes shelter poor but they all j j here thought that it appeared that i bridle and his mother and his friend were all trying to downplay store was that does that mean he he drove the flowers some word from the girl or my understanding is that he picked up flowers on a regular basis and then he at least to me deliveries to a to a gas station on friday nights as well as some of it was a maybe just one because maybe just want to dress that he would go to he wasn't driving all over the place i don't get the sense that he was you know being sent to far away new places all the time but i think it's also important to remember that the and the nature of the jobs that that that l j asked about involved no written no written instructions whatsoever its offerings that can be learned by oral commands so difficulties with driving directions and the like that something that would be excluded by the hour of c finding  especially at this time before the ubiquitous google maps or the alternatives probably would have involved you know reading directions and processing information on a map the jobs we're talking about here in this case can be learned by short demonstration only and l g further specify that they had to be explained orally it couldn't involve any and the reading of written instructions the a variety of different sources of job information some of them are publicly available the ones noticed and in the section fifteen sixty six of the regulations there are some some private sources of job information expressed both in the hacked and in and section fifty and sixty six of the regular when you're talking about a significant number of jobs basically it's in contrast to jobs that are isolated available in a few locations so you're not going to  allow my disability claim in georgia on the basis that someone could do some cannery jobs and alaska well let's a strange thing to say because and that's another peculiarity of the vocational expert testimony they're supposed to give the number of jobs in the local area the region and the nation as a whole and if there are a lot of jobs in the nation as a whole the fact that these types of thousands of miles away is not ok senator first of the nation as  about sorry i lost my train of thought the so this their regulations say you can show a significant jump number of jobs in the nation either by showing a significant number of jobs in the think when you're dealing with chaps like these i think that it's probably a strategic sense that i'm not going to get a lot of mileage by trying to argue that there are a significant number of kitchen helper jobs in america anyone who goes to you know a restaurant i like to say in terms of his mowing the yard his brother eric will tell you he broke a lot of line workers and he did a lot of damage when the motor yards but like a lot of things they wanted him to do it and this is actually the story of different statements is he has i q's don't usually very very well i but very sick on it as some areas are like in the ninety's in some areas are low in that is an indication of a learning disability that you're not you don't have a consistent saying there's no concealing what it was the overall i q i have that i'm that i don't have the right with me right now well one of the verbal i q of eighty nine performance for was the indication that he is has flown mentation and then the neural psycho psychological report says that there is a dysfunction in his brain between his ability to connect his thoughts mentation and that is what would have to be corrected to get him to work and he did not deliver flowers to anybody but the places that the gas station and then picking them up he his mom well he his mom was always west ham and sometimes by the people there with what why i did not argue on cases i i had asked both be nice what happens if he needs commendation and they said if he needs accommodation there are no jobs and my argument is there is really no jobs unless you have a