[Tr. 17]. Though the hearing examiner made very clear that he believed that he could only settle for, for reasons presently to generally be noted, the viewpoints of Dr. Williams and Dr. Peltier since such viewpoints were being the only real opinions according to the objective signs or symptoms as established forth in Dr. Williams' report. The Listening to examiner's Idea that these kinds of an assumption was the one permissible assumption permitted beneath Portion 404.1510(a) of the Regulations is built obvious from the next part of his determination:
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The hearing examiner's examination of Dr. Gutknecht establishes which the Listening to examiner wasn't interested in any view expressed by that counseling psychologist for the Rehabilitation Institute that may consider any interpretation with the health care proof inconsistent with the constraints and limits imposed by Portion 404.1510 (a) in the Laws. The subsequent issues and answers ended up asked Dr. Gutknecht:
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20 of these acres were in cultivation and the rest in pasture. Claimant owned and operated a tractor, with which he tilled the 20 acres. He plowed, planted and did all the rest of the work on the 20 acres, and fed the cattle and hogs himself. The last yr he was on the farm he had some assistance during haying time, whom he hired to help you get bales since his again was hurting him at some time. * * * He has experienced no employment or self-employment and it has completed no perform for wages or profits go to my site of any kind considering that June 15, 1964. From 1919 to 1937 plaintiff worked as a standard laborer. He did carpentry work immediately after 1937, joining that craft union in 1946. He worked on an assembly line for the duration of the second Planet War.
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You might anticipate to testify by stating the pertinent clinical or laboratory findings which, in your view, do establish pathology and also the diploma of such pathology, i. e., delicate, moderate or severe. You may also be requested to check these types of conclusions with typical conclusions and to testify concerning your viewpoint with regard into the validity of diagnoses or prognoses presently from the file.
A. A person who can neither sit nor stand for any length of time, I'm sure of no occupation they could perform. You have got to have the ability to do one or one other. [Tr. eighty five]. Even so the hearing examiner's comment on Dr. Gutknecht's respond to shown which the hearing examiner had currently decided in his personal intellect that plaintiff's evidence that he couldn't actually keep down a occupation Which may involve bending or lifting forty pounds was to become disregarded. The hearing examiner tried to explain to plaintiff why Dr. Gutknecht's testimony that he realized of no profession plaintiff could perform wouldn't be considered in aid of plaintiff's declare. He stated the subsequent:
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There are Employment that would require some what you may contact ordinary physical action. They do not require major lifting. It will contain some squatting, some sitting, some standing, and several bending which might be carried out in a relatively schedule fashion. [Tr. 81]. Though the plaintiff progressed only throughout the third quality and can't now browse or publish, he could fully grasp the direction the hearing was getting. When afforded a chance to inquire Dr. Peltier a question, the subsequent transpired:
Listening to EXAMINER: You see, he has to just accept what I inform him about the limitations and I told him he was about to have a number of assumptions so if your only limitations are bending and lifting over forty pounds, This is certainly what he was testifying to. Certainly, If you're able to only sit or stand for an hour then really need to lie down or a little something, his testimony is the fact that there genuinely is just not nearly anything you can do.