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July 30, 1974
COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO; ESTHER SKIPPER, Individually and on Behalf of All Similarly Situated Non-Supervisory Female Employees of American Telephone and Telegraph Company, Long Lines Department, Plaintiffs,
AMERICAN TELEPHONE AND TELEGRAPH COMPANY, LONG LINES DEPARTMENT, Defendants. WOMEN IN CITY GOVERNMENT UNITED, et al., Plaintiffs, v. THE CITY OF NEW YORK, et al., Defendants
The complaints in these unrelated class actions make quite similar allegations. They each allege inter alia that the several defendants have, in the treatment of pregnant employees, violated the proscription against discrimination on the basis of sex contained in Title VII of the Civil Rights Act of 1964.
Paragraph 7 of the CWA complaint alleges in part:
"the defendant has promulgated and maintained policies * * * which limit the employment opportunities of its female employees because of sex by failing and refusing to provide equal rights, benefits and privileges to females under temporary disability due to pregnancy or childbirth or complications arising therefrom, as are made available to its male employees under temporary disability."
Paragraph 51 of the WICGU complaint (plaintiffs' first cause of action) alleges:
"Defendants * * * have * * * discriminated against the plaintiffs in this action in the terms and conditions of employment because of sex, in that the health and hospitalization insurance plans negotiated and approved by defendant * * * offer substantially fewer benefits for pregnancy and pregnancy-related conditions than for other medical and surgical problems requiring hospital and medical care."
The remaining ten causes of action alleged in the WICGU complaint may fairly be characterized as variations on the theme of paragraph 51, the differences being in the particular defendant named and the type of policy attacked -- health and hospitalization insurance or disability benefit.
Motions were argued before me in both cases on May 21, 1974. In CWA the motions concerned class action treatment. In WICGU the major motion had to do with exhaustion of Title VII remedies.
While those motions were sub judice, the Supreme Court decided Geduldig v. Aiello, 417 U.S. 484, 94 S. Ct. 2485, 41 L. Ed. 2d 256. We then scheduled argument as to whether in light of Aiello -- especially footnote 20 of the opinion -- this court should sua sponte dismiss the complaints in these actions. Having received briefs and heard argument, we so dismiss the complaints with leave to replead, and certify a question to the Court of Appeals.
In Aiello the Supreme Court held that California's disability insurance plan which excludes normal pregnancy from coverage does not violate the Equal Protection Clause of the Fourteenth Amendment. Thus, inter alia, the Court observed 417 U.S. at 494, 94 S. Ct. at 2491:
"We cannot agree that the exclusion of this disability from coverage amounts to invidious discrimination under the Equal Protection Clause. California does not discriminate with respect to the persons or groups who are eligible for disability insurance protection under the program."
The Court found legitimate and "wholly non-invidious" California's reasons for not wanting a more comprehensive program -- the state's desire to keep the contribution rate low, to keep the program self-supporting, and to provide adequate benefits for some disabilities rather than inadequate benefits for all (id.). The Court further found "no evidence in the record that the selection of the risks insured by the program worked to discriminate against any definable group or class * * *." (id.)
The footnote (footnote 20) to the sentence just quoted provides -- in our view -- the key to the Court's decision. It flatly states that distinctions involving pregnancy do not constitute discrimination because of sex (or gender). In the first paragraph of that footnote the Court, in answer to arguments presented by the dissenting justices, observed:
"The dissenting opinion to the contrary, this case is thus a far cry from cases like Reed v. Reed, 404 U.S. 71, 30 L. Ed. 2d 225, 92 S. Ct. 251, and Frontiero v. Richardson, 411 U.S. 677, 36 L. Ed. 2d 583, 93 S. Ct. 1764, involving discrimination based upon gender as such. The California insurance program does not exclude anyone from benefit eligibility because of gender but merely removes one physical condition -- pregnancy -- from the list of compensable disabilities. While it is true that only women can become pregnant, it does not follow that every legislative classification concerning pregnancy is a sex-based classification like those considered in Reed, supra, and Frontiero, supra. Normal pregnancy is an objectively identifiable physical condition with unique characteristics. Absent a showing that distinctions involving pregnancy are mere pretext designed to effect an invidious discrimination against the members of one sex or the other, lawmakers are constitutionally free to include or exclude pregnancy from the coverage of legislation such as this on any reasonable basis, just as with respect to any other physical condition."
In the second paragraph, the Court synthesized its position:
"The lack of identity between the excluded disability and gender as such under this insurance program becomes clear upon the most cursory analysis. The program divides potential recipients into two groups -- pregnant women and nonpregnant persons. While the first group is exclusively female, the second includes members of both sexes. The fiscal and actuarial benefits of the program thus accrue to members of both sexes."
At oral argument in the case at bar, counsel for both sets of plaintiffs and counsel for the EEOC as amicus curiae, insistently argued that Aiello is distinguishable on many grounds. The most significant distinction was said to be that the instant cases involve disparate treatment by employers -- private as well as municipal -- of pregnant women in the workplace, while Aiello involved a social welfare policy created by state legislation. While deference is to be shown to legislative judgments on social welfare matters, the argument goes, no such deference to allegedly discriminatory employers is warranted under Title VII.
The flaw in this argument is that it begs the question. The threshold question is whether disparity of treatment between pregnancy related disabilities and other disabilities can be classified as discrimination because of sex (or gender). If, as footnote 20 seems to suggest, it cannot be so classified, then the further question of whether such disparity is justified -- or less justifiable in the employment context than in some other context -- can never be reached.
In other words, if the Aiello Court had found that the California scheme did discriminate on the grounds of sex (or gender) but must nevertheless be upheld because of the deference due to California's sovereign right to make choices in methods of providing social welfare, the holding would clearly be inapplicable to a case arising under Title VII where no such deference is required. But such, as we read it, was not the holding of the Court. The holding was that California's treatment of pregnancy related disabilities did not in and of itself constitute a discrimination based on sex (or gender). Such a holding precludes relief under Title VII even more clearly than under the Fourteenth Amendment. Under the Amendment it would be open to pregnant women to argue that it was irrational to single them out as a class even if the singling out were not sex related. No such argument is open under Title VII, which deals only with discrimination "because of . . . sex." 42 U.S.C. § 2000e(2) (a) (1).
Plaintiffs get scant help from the cases they cite for the proposition that discrimination on grounds of sex (or gender) means something different when the Fourteenth Amendment is involved than when Title VII comes into play. The cases cited for that proposition are in our view more readily explained by the respective dates of decision than by the rubric under which they were decided. Thus, West Coast Hotel Co. v. Parrish, 300 U.S. 379, 81 L. Ed. 703, 57 S. Ct. 578, upholding protective legislation, was decided in 1937, while Weeks v. Southern Bell Telephone (5th Cir.) 467 F.2d 95, which ruled the opposite way, was decided in 1972. Similarly, Goesaert v. Cleary, 335 U.S. 464, 93 L. Ed. 163, 69 S. Ct. 198, was decided in 1948. It seems a safe guess that, in light of Frontiero v. Richardson (1973) 411 U.S. 677, 36 L. Ed. 2d 583, 93 S. Ct. 1764, Phillips v. Martin Marietta Corp. (1971) 400 U.S. 542, 91 S. Ct. 496, 27 L. Ed. 2d 613, and Sprogis v. United Air Lines (7th Cir. 1971) 444 F.2d 1194, cert. den. 404 U.S. 991, 30 L. Ed. 2d 543, 92 S. Ct. 536, both West Coast Hotel and Goesart would be decided differently today. In brief, Aiello does not represent a retreat from the Court's modern view as to discrimination on grounds of sex (or gender), but -- as footnote 20 plainly indicates -- a finding that disparity of treatment based on pregnancy does not in and of itself constitute such discrimination.
Having come to this conclusion as to the effect of Aiello, the question arises as to what should be done with these lawsuits at this stage of the proceedings. A review of the complaints makes two things plain. First, both complaints were obviously drawn for the purpose of invoking the law as declared by the Aiello District Court (before it was reversed) to the effect that pregnancy-related disparity "in and of itself" constituted discrimination on grounds of sex (or gender). Second, if principles of "notice pleading" were to be applied, both complaints could be read as broad enough to permit proof of the type of "invidious discrimination" that would justify relief under either the Fourteenth Amendment or Title VII.
Any one of three courses of actions would therefore seem possible:
(1) The complaints could be construed under the principles of notice pleading and the parties be allowed to proceed to trial, with the result that the question of the correctness of our interpretation of Aiello could be presented to the Court of Appeals on a full trial record.
(2) The complaints could be construed -- as the plaintiffs originally intended -- to invoke the pre-Aiello law that disparity with respect to pregnancy-related disabilities in and of itself constituted discrimination on grounds of sex (or gender), and dismissed without leave to replead, thus giving plaintiffs an appeal as of right to the Court of Appeals.
(3) The complaints could be so construed but dismissed with leave to replead, and the question of Aiello's application to the cases at bar certified to the Court of Appeals.
Upon reflection, only the third of these possible courses of action seems appropriate.
If the first possible course were followed, the plaintiffs would be in almost an impossible position of having to wage a "two front war", designed to present the Court of Appeals with a record calculated to take advantage of pre-Aiello law that pregnancy-related disparity in and of itself established a prima facie case under Title VII and designed at the same time to establish a fall back position that the particular practices pursued by these defendants -- or some of them -- were "invidious" and therefore in violation both of Title VII and of the Fourteenth Amendment. It goes without saying that the methods of proof appropriate to these two possible positions are quite disparate.
Moreover, oral argument on the problems presented by Aiello was devoted in large part to trying to ascertain how, if at all, the Court of Appeals could benefit by having the Aiello question presented to it on a full trial record. Counsel for both sets of plaintiffs and for EEOC as amicus curiae -- although exhibiting the advocate's customary reluctance to yield a point -- finally conceded that months of pre-trial discovery and weeks of trial would produce no new information which would assist the Court of Appeals in determining what effect, if any, Aiello should have on these lawsuits.
Finally, absent an authoritative determination of Aiello's effect, it would be almost impossible to define the parameters of the appropriate classes and subclasses. Plaintiffs, in each case, ask in effect for a class including all women of child bearing age. If our interpretation of Aiello be correct it would seem that the class in each suit would have to be confined to women presently pregnant plus those who had actually been denied pregnancy benefits. On the other hand if Aiello be inapplicable, the class might well be much more numerous.
The second possible course (dismissal without leave to replead) would present the Court of Appeals with several basically irrelevant questions, such as whether or not plaintiffs had been fairly treated in having their complaints so narrowly construed without an opportunity to replead. Moreover, should the Court affirm the dismissal, plaintiffs might be saddled with wholly unnecessary statute of limitations problems if they then attempted to obtain relief on the theory that defendants, or any of them, had engaged in "invidious" conduct.
We shall therefore follow the third possible course and certify to the Court of Appeals pursuant to 28 U.S.C. § 1292(b) the question whether Aiello has established -- for the purposes of these actions or either of them -- that disparity between the treatment of pregnancy-related and other disabilities does not of itself constitute discrimination on the basis of sex (or gender) within the prohibition either of Title VII or of the Fourteenth Amendment.
We believe that this opinion has demonstrated -- and we so certify -- that this question is controlling, and one as to which "there is substantial ground for difference of opinion", and that its resolution would "materially advance the ultimate termination of the litigation".
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This month, Cambridge based company Innovia Technology have taken charge of the Mission Zero Corridor Project. This project aims to make a 12 mile stretch of highway in West Georgia completely sustainable, with no carbon footprint! This will be the first road of its kind, and hopefully will encourage others to jump on the carbonneutralbandwagon. The project is inspired by Ray C Anderson, the late CEO of a carpet manufacturing company in the USA. He aimed to reduce the carbon footprint of his company to zero a target they are on track to achieve by 2020. Andy Milton from Innovia Technology, explained to Amy Goodfellow how this is going to be done...
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Relax In Sophisticated Comfort
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Food Trends Resource Center
Food Processing offers the latest trends about the food and beverage industry for the food and beverage industry. Search our news and articles below to find new product trends; nutrition trends; ingredient trends; flavor trends and more.
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THE BIG STORY: History fades at Alameda Point
Dick Rutter expertly guides his Jeep Grand Cherokee through the gray maze of streets on Alameda Point, and each turn yields fresh details that bring the silent, moldering buildings that line those streets back to life.
Here are the Bachelor Officers Quarters, where Rutter lived for three years in the early 1970s when he was a Navy navigator; further along the route is the control tower where he worked 24-hour watches, and enjoyed sunrises and sunsets. Another turn yields the base's old church.
"I went to too many funerals in this building," Rutter intones, as he pushes the aging Cherokee against a thick wind on a blustery February day.
For the last decade, the architect and preservationist has been on a final mission at the former Naval Air Station: He's trying to save dozens of Alameda Point's historic buildings from the wrecking ball, including some that Rutter said offer examples of Navy buildings that were once prevalent across the globe but are now only still standing on the former base. But Rutter's efforts to save and reuse the base's historic Art Deco and Streamline Moderne buildings have been complicated by the city's ongoing inability to develop the Point, or even to come up with a generally accepted plan for moving forward.
Federal money to pay for upgrades at the Point, including the 87 buildings that the federal government has deemed historic is long gone, according to one policymaker who has been active in efforts to reuse them. And along with deteriorating conditions, efforts to lease the buildings to companies that could help finance repair efforts and put eyes on the base – something preservationists have been pushing the city to do – have faced challenges from developers and the Navy cleanup process.
Some of the buildings are still in good shape, Rutter says. But he's not sure how much longer others he's trying to save can hold out against the ravages of vandals, squatters, copper thieves – or time.
"This stuff all looks so sad compared to when the Navy was here," Rutter says after detailing the damage vandals and thieves have done to the BOQ, his onetime home. "I think we're on the edge at this point."
City responsible for upkeep
The Navy still owns Alameda Point, but the city bears legal responsibility for securing and maintaining it under a lease agreement between the two entities. The city has the right to lease out buildings at the Point, and the money is supposed to pay for security and upkeep.
City staffers said Alameda spends about $10 million a year securing and maintaining the Point. But preservationists and even some policymakers said that's not enough to attract tenants to Alameda Point, and they admit that the lack of a plan has put existing structures into a vicious cycle that could ultimately spell their doom.
City Councilman Doug deHaan, who worked on the base from 1990 until after the Navy shut it down in 1997, said the city is working on a long-term leasing strategy that he hopes will bring in money to revitalize some of the buildings – and workers whose watchful eyes will keep vandals and thieves away. But he says the city has struggled to attract and retain tenants for a number of reasons, including some that he said aren't in the city's control.
The city's original Point developer, Alameda Point Community Partners, convinced city leaders to get rid of businesses leasing at the Point in order to speed their development plan, deHaan said in an earlier interview, and the city only rebuilt the Point's renter base in recent years. And SunCal's plan for the base put a few dozen of the buildings that had been deemed historic – along with a handful of others preservationists hope to save – under the wrecking ball. DeHaan said council members questioned whether it would be wise to invest money to upgrade buildings they ultimately planned to get rid of.
"A lot of this stuff was in limbo of what is historical and what the use is going to be. Do you go in there to bring up that building knowing that you're going to tear it down or use it for a different use?" deHaan said. "We were always on the verge of closing a deal with a developer. And in doing so, making those decisions of investing money, even if you knew where you wanted to invest it, were never addressed."
Ongoing efforts to clean up toxic chemicals at the base also frustrate the city's efforts to lease Point spaces, deHaan said, because businesses could be forced to move if the Navy decides their space needs to be cleaned up.
"The ability to make available this large inventory of buildings to the rental market is complicated by numerous factors including the environmental remediation program, short-term leases, the cost of code compliance and the unique function that many of the buildings originally served," said Alan Lee, the Navy's base closure manager for Alameda Point.
But the big issue, deHaan said, is money. Many of the Point's buildings need costly upfront improvements for businesses to be able to use them, and he said the city doesn't have the money to make those improvements. Federal money that had helped finance earlier upgrade projects is long gone, he said.
The city is generally short of redevelopment money for projects like building upgrades, which can run into the millions of dollars, he said, a problem exacerbated by disasters like the 2009 fire that destroyed an administrative building on former Navy land at a cost of $2 million to the city. The lack of money led policymakers to borrow from the city's sewer fund to complete construction of Willie Stargell Avenue, deHaan said.
But Rutter said he thinks leasing policies for commercial buildings on the Point play a role in the city's inability to rent out more space on the Point. He said he looked to rent there when he and his wife moved their business from San Francisco a decade ago and found the cost to be the same as finished space elsewhere in town.
And he criticized the Navy for failing to enforce its agreement requiring the city to maintain the Point.
"The Navy just wants out. They don't care," Rutter said.
Neglect abounds
The results of that inaction are readily available on the Point,
preservationists said, pointing to Rutter's former home as one example. DeHaan said the building had been considered as a possible spot for senior housing since 1995, "and we're still talking about it."
The Alameda Naval Air Museum's Kin Robles said he scouted the building as a site for a media center in 2004 and 2005, and while it needed seismic and accessibility improvements, it "appeared to be in reasonable condition for such a conversion" at that time.
"That appears to have changed significantly over the past six years," Robles said, adding that the structure has since been fenced off.
Rutter said that vandals have beset the buildings, and thieves. He said the building had a "neat" solid aluminum staircase but that its rail cap has been stolen.
"It is bad with a capital 'B'," Rutter said.
Another example Rutter cites is the base's old wooden church, whose flat canopy roof is caving in. "It's fixable. But how much longer is it going to remain fixable?" Rutter asked. "It's not too late, but it's getting there."
The WAVES barracks that once housed servicewomen – one of Alameda Point's early buildings – is another victim of benign neglect, Rutter and Robles said, though Robles thinks it, too could be saved. Vandals have thrown rocks through the windows and punched out window sashes, the lead paint that once coated it is peeling into the grass that surrounds it and the building's roof shingles are falling off, Rutter said. Still, he and Robles think the building – which once was surrounded by several others like it – was constructed so solidly that it could be saved and reused.
"This strikes me as the kind of building that when incorporated into a true historical resource plan for Alameda Point, would be of value. If only such a plan and the funds to develop existed," Robles said.
But just as the Point has examples of neglect, there are also signs of what the Point could be, Rutter said. He pointed to City Hall West, which the city restored for its own use; a reporter noted the American Red Cross's home on Stardust Place, with its perfect paint and terracotta roof.
The Point's control tower is occupied by the wind power startup Makani Power, and its newest building – a massive hangar built in 1991 with a gorgeous view of San Francisco – by Rock Wall Wine Company and American Bus Repair. Both buildings are outside the Point's historic district and were slated for demolition by SunCal, Rutter said.
"Why do you want to throw that away?" Rutter asked.
Plan pending
City leaders have been working on a plan to lease more buildings at Alameda Point, which deHaan said in March should be complete in four to five months, and they have talked about hiring a new leasing firm for commercial properties at the Point. They are also working to build a fresh development plan for the Point, which is due in the fall.
Rutter said that he, like city leaders, is hopeful Lawrence Berkeley Lab will consider Alameda Point for its second campus, something they hope will jump-start revitalization of the Point. Otherwise, he thinks progress will remain stalled.
"Until the economy improves, I think things are going to drift," Rutter said. "And it's a shame, because as it drifts, more stuff falls apart."


text: I am doing everything right, the ipod is white when restoring, the ipod is pre-jailbroken right. I keep getting the error 6 when restoring. I have windows xp, and i have the current itunes. i tried updating, and as well as downgrading itunes. And it has been giving the same error every time, right after it is "Verifying iPod software" i tried disabling my internet to see if it would help somehow, but it still gave me the error. I think i am doing everything right. Please help, i want it jailbroken!!!!


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Universal Dual Band WiFi Range Extender with 4-port WiFi Adapter WN2500RP Reviews
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To make a long story short, it worked for a couple of weeks and then started dropping.the connection. I rebooted and reseeted and reinstalled the extender but the drops were increasing. A call to customer service resulted in a 20 minute hold and then the tech said that if resetting and rebooting didn't work, the unit had to be returned. So, I did.
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These are nothing more than insider deals to skim off money-the donee takes a cut of the donation and launders the rest in an offshore bank for the donors later use.
The Spitzer scam is all neatly outlined above———in their own words.


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4 items from 2013
16 July 2013 11:10 AM, PDT | avclub.com | See recent The AV Club news »
Godspeed You! Black Emperor, Metz, and Tegan And Sara have made the 2013 Polaris Music Prize shortlist. Those three acts join seven others, all listed below, in competition for the top prize in Canadian music. The award will be handed out Sept. 23 at The Carlu in Toronto, at a ceremony hosted by singer-songwriter Kathleen Edwards and rapper Shad, both of whom have made the Short List twice before. Records by Canadian artists released between June 1, 2012 and May 31, 2013 were eligible for the Polaris Music Prize. (The Barenaked Ladies' Grinning Streak came out June 4, making it »
21 May 2013 3:54 PM, PDT | The Hollywood Reporter - Movie News | See recent The Hollywood Reporter - Movie News news »
Toronto – Justin Bieber and Carly Rae Jepsen on Tuesday joined the list of nominees for the 2013 MuchMusic Awards. Both Canadian pop stars were nominated in the best Canadian international video of the year competition, and the Fave artist/group category voted on by fans. Jepsen's "This Kiss" and Bieber's "As Long As You Love Me" singles will contend in the best Canadian international video category against Avril Lavigne's "Here's to Never Growing Up," Tegan And Sara's "Closer," and "Red Hands," by Walk Off The Earth. Photos: MuchMusic Awards 2012: Carly Rae Jepsen, Justin Bieber Performances in
read more
- Etan Vlessing
5 February 2013 9:30 AM, PST | avclub.com | See recent The AV Club news »
fun., the band with the stupidly punctuated name everyone but Lena Dunham loves to hate, is going on a massive summer tour. The "Most Nights" tour—named because the band's platinum record is called Some Nights (get it?)—kicks off July 6 in Toronto and features opening act Tegan And Sara, who just put out their own pretty good record, Heartthrob. Tickets go on sale to the band's fans Feb. 6 and to the general public Friday, Feb. 15. A full list of dates is below. A portion of ticket sales will benefit The Ally Coalition, a charity »
10 January 2013 11:15 AM, PST | avclub.com | See recent The AV Club news »
Vampire Weekend, Frightened Rabbit, Black Lips, Eagles Of Death Metal and more have all been added to this year's SXSW Music line-up. Other acts named in the third round of performers announced today include Local Natives, Tegan And Sara, Wild Belle, The Besnard Lakes, Camera Obscura, Fitz And The Tantrums, Macklemore And Ryan Lewis, and Bleached. So far, about 1,300 bands are confirmed to be playing the fest, with more still to be added. Other previously confirmed artists include Wavves, Angel Haze, Thee Oh Sees, Major Lazer, and The Joy Formidable. The festival takes place March 12-17 in »
4 items from 2013
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Regions · States / Provinces · Islands
Rooms at the Holiday Inn Express Grenoble-Bernin are air-conditioned and modern. They include satellite TV, private bathrooms and a tea/coffee maker. They all offer views over the Rhône-Alpes countryside and are accessible by lift.Accommodations in Bernin
The Maison Carrée is located in Méréville, 10 minutes south of Nancy. It offers guestrooms with free Wi-Fi, satellite TV and a private terrace overlooking the garden or swimming pool.Best hotels in Méréville
A flat-screen TV is provided, and guests can use the claw-foot bathtub in one of the bathrooms. The apartment also features exposed stone walls, a fully equipped kitchen and a dining area.Cheap holidays Avaray
You can play tennis at the property, and the area is popular for fishing. Arles is 21 km from Camping Lou Vincen, while Saintes-Maries-de-la-Mer is 48 km away. The nearest airport is Nimes-Ales-Camargue-Cevennes Airport, 21 km from Camping Lou...Cheap holidays Vallabrègues


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Amateur Astronomers on the Lookout for Near Earth Objects
Air Date: 06/11/2007
Run Time: 0:28:52
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- Wendy Jaeger, planetary scientist
- Glen Cushing, planetary scientist
- Tim Titus, planetary scientist, United States Geological Survey
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The Planetary Society has just named seven more recipients of Shoemaker NEO (Near Earth Object) Grants. We check in with two past awardees to hear how they contribute to the worldwide watch for asteroids and comets that cross the Earth's path, sometimes with catastrophic results. Emily Lakdawalla explains why we believe there are oceans under the surface ice on moons like Europa. Planetary Scientist Bruce Betts joins Mat Kaplan for some cheesy fun in the night sky and another space trivia contest.
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Bartending: Love What You Do
How cool would it be to Bartend? Next time you are out and about in a Central PA bar, take a second to check out what's going on behind the bar. Notice the bartenders having a blast while preparing great cocktails and entertaining guests. Pay particular attention to the amount of money flying across the bar… Looks pretty good doesn't it? That's because it is. Most of our graduates agree that bartending is the best job ever! "Why didn't I do this years ago?!"
It is very important that you understand that you are not just an order taker and a cocktail maker. Be prepared to be one or more of the following: the life of the party, the face of your establishment, a psychologist, a friend, a voice of reason, a mediator, a marriage counselor, a life coach, a comedian, an occasional Uber driver, and the un-proclaimed expert on pretty much everything (among other things).


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Watch Rene hjerter (2006) Free Online
Rene hjerter
IMDB Link:
Rating: 6.6/10 (662 votes)
Director: Kenneth Kainz
Writer: Kim Fupz Aakeson
Stars: Anders Matthesen, Laura Bro, Lisbet Dahl, Morten Suurballe
Runtime: 82 min
Rated: N/A
Year: 2006
Genre: Drama
Quality: HD
Language: Danish
Released: 08 Sep 2006
|Plot: Kriss lives at a mental institution, where he spends all day watching an old black-and-white film called "Rene hjerter". One day he and his friend, Willy, escapes the institution to find the star of "Rene hjerter", Ulla Vilstrup.
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text: There isn't a menu but therefore the food is brought to a higher level. For us a must if you like fusion cooking. My clients find it so delicious that they still speak about the food if I have them on the phone. The service very nice and cosy. We strongly recommend this restaurant!


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The Princess Twins and the Birthday Party - eBook
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|Format: DRM Protected ePub
Vendor: ZonderKidz
Publication Date: 2012
Ages: 4-6
Series: I Can Read!
Publisher's Description
A Lesson in Kindness
Princesses Abby and Emma are ready to celebrate their birthday with their friends. But where did Beth go? Can Emma convince Beth to come back to the party?
This is a Level One I Can Read! book, which means its perfect for children learning to sound out words and sentences. It aligns with guided reading level G and will be of interest to children Pre-K to 3rd grade.
Mona Hodgson is the author of nearly 30 children's books and also writes 19th century historical fiction. In addition to writing and speaking, Mona likes to read mysteries and love stories, hike Arizona, travel to Africa, play table games, and play Wii Tennis. She lives in central Arizona where she spies roadrunners, quail, cottontail rabbits, and even an occasional skunk in her yard.
Product Reviews
crtnybcBritish Columbia, CanadaAge: 35-44Gender: female4 Stars Out Of 5A sweet story for reading aloud to little ones, or for early elementary readers to practice withApril 16, 2016crtnybcBritish Columbia, CanadaAge: 35-44Gender: femaleQuality: 4Value: 4Meets Expectations: 4The Princess Twins are a sweet little series perfect for preschoolers, and those just beginning to practice their reading. With a sentence or two per page, these aren't long for a young one to sit through, or for an early elementary student to attempt to read. There is always a strong moral to the story, and this one is about true beauty and being kind to one another. The illustrations are soft and appear hand drawn rather than bright and digital cartoonish. It works well with the story. The book is about 30 pages long.
I received this book from BookLook and Zondervan for the purpose of an honest review. My opinion is my own.
MipripWarrenton, VAAge: 25-34Gender: female4 Stars Out Of 5Great "Princess" Read for Young ReadersApril 1, 2016MipripWarrenton, VAAge: 25-34Gender: femaleQuality: 5Value: 5Meets Expectations: 5Maddy loves anything "princess", so I was hopeful that this would be a great addition to our library and would meet her requirements for a good "princess" read. "The Princess Twins and the Birthday Party" is all about Princess Abby and Princess Emma who are getting ready for their birthday party. Both girls spend time dressing up, fixing their hair, and preparing a special party for their friends. When one of their friends arrives in a plain dress, they have an opportunity to show kindness from within.
Maddy was enthralled with this book, and loved the story and how exciting the characters were to her. I liked the underlying message of kindness and beauty within that was conveyed through the King's speech to the princesses and then was emulated between the princesses and their friends.
I would recommend this book not only as a good "I Can Read" level 1 reader, but for those who have little ones like mine who want to grow up to be princesses. Mona Hodgson did a wonderful job writing this story in a way that is easy to understand. I think it's great for preschool ages.
I received this book free from the publisher through the BookLook Bloggers book review bloggers program. I was not required to write a positive review. The opinions I have expressed are my own.
Kendra4 Stars Out Of 5The Princess Twins and the Birthday PartyApril 1, 2016KendraQuality: 5Value: 4Meets Expectations: 4The Princess Twins and the Birthday Party, by Mona Hodgson, is a beginning reader book about twin girls and their birthday party. Kindness is the lesson of the book, shown when one of the princesses is kind to a friend who feels that her dress is too plain for the party. In a book market for young girls that is saturated by Disney and fantasy, the artwork and gentle story line in this book are refreshing. Aside from the positive lesson, there is a Bible verse on the title page and one reference to God ("God sees your heart...He sees that you are loving and kind."), making this a "faith-based" book in an unobtrusive way. I read this book with my children (boy, 4 years, girl, 2 years). They both enjoyed it and have asked for repeat readings, so we give the book a thumbs up.
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Mountains, Mind Over Mirrors, Golden Retriever @ Union Pool in Brooklyn on 01/19/2013 - Oh My Rockness
Saturday 01/19/2013 - 9:00PM
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Midnight Magnificent
There's a scene in The Magnificent Seven that sticks with you. It's an ambush scene, where the heroes of the movie fall into a trap that nobody sees coming, and it's so flawlessly executed on film that you feel every bit as surprised and taken off guard as the characters are. Afterward, you don't know why you didn't see it coming, but it's a testament to the genius of director John Sturges that it plays out so well. The Magnificent Seven was a groundbreaker in a lot of ways—the filming techniques and the score were incredibly innovative at the dawn of the 1960s—and it pulled together an unparalleled group of actors. Yul Brenner is unbelievably cool and collected as Chris Adams—despite a behind-the-scenes ego smackdown with Steve McQueen, who portrays Vin. James Coburn, Charles Bronson and Eli Wallach all add to the legendary casting effort, which was actually thrown together at the last minute to avoid an upcoming actors strike. Based on Akira Kurosawa's Seven Samurai, which was itself based on old American Westerns, the film is an epic valentine to the genre. The cinematography alone is worth the price of admission, particularly since there is a new, restored print of the film. See it at the screening of The Magnificent Seven midnight Friday at the Inwood, 5458 W. Lovers Lane. Tickets are $9.25 and can be purchased online at landmarktheatres.com.
Fri., April 11, 2008
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Sci fi/Fantasy image byLuke Swadling
Hellfire was based around a dagger used in an episode of 'Buffy: The Vampire Slayer'. I modified it a bit for my own purposes, until I was happy with it, at least. It looks like quite a nasty little piece of work, doesn't it?
Published More than a year ago
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Jock Sturges
Sturges, Jock; Jean-Christophe Ammann
Place Published: Zurich and Frankfurt am Main
Publisher: Scalo / Museum fur Moderne Kunst
Date Published: 1996
Edition: First edition
Binding: Hardcover
Book Id: 36345
207pp. Quarto [29.5 cm] Textured bluish gray paper covered boards with a light gray ink stamped title on the spine. Very good. The last two pages have small closed tears in the fore edge margins. The dust jacket is in near fine condition, with light surface wear.
"If I am lucky, my subjects come to know that they are at their most beautiful when they simply remain themselves." - Jock Sturges


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Another challenger for the title seems to be emerging in the Hamilton-Wentworth Catholic Athletic Association senior boys' high school basketball league: The St. Thomas More Knights, led by senior guard Ryan Doornick, are now knocking on the door.
Just prior to the Christmas break, the Knights upset the first-place Cardinal Newman Cardinals, 56-54, in triple overtime. Newman is the defending HWCAA champion and a bronze medallist at the provincial Quad A level last season.
St. Thomas More kept that momentum going in the first scheduled action of the New Year on Tuesday (Jan. 7), defeating the visiting Bishop Ryan Celtics, 56-44. That result improved More's record to 5-2. Bishop Ryan slipped to 1-6.
"Most people in the league thought we were kind of a middle-of-the-pack team," said More coach Mark Moretuzzo. "I think the win over Cardinal Newman put us in contention. All of our losses this year have been really tight.
"We didn't thrive so much in December but come February we'll probably be a dangerous opponent in the playoffs."
The score was tied, 8-8, at one point, but More never trailed. The Knights led 20-12, 33-18 and 52-33 at the quarter breaks.
Doornick led all scorers with 14 points. Cousins Jaylen Clarke and Joel Clarke added nine and eight points, respectively, for the Knights who recently played two American opponents at a tournament in Pennsylvania.
Centre Chris Lloyd tossed in 11 points for the Celtics, while Eric Bonomo and Aaron Hasler contributed nine apiece.
The Knights used athleticism, quickness and solid defence to make up for an overall lack of height.
"As a smaller team, we've been working a lot on rebounding and pushing the ball," the More coach said. "It's definitely been helping us in transition to get some easy baskets."
According to Moretuzzo, the leadership of Doornick is beginning to show.
"Ryan is a fifth-year guy," Moretuzzo said. "He hasn't played a full season in the last two years. He's been injured. He's definitely our best scorer and overall player. This year he's trying to make an impact, looking for something at the next level."
Doornick says he's recovered from the concussion problems that sidelined him last season.
"We're finally playing better as a team," Doornick said. "We're getting along better in the locker room. The selfishness is going away.
"We're playing to our full potential. We understand we can play with anybody in the league and win."
Bonomo, a Grade 12 guard whose cousin Vanessa plays for the McMaster women's basketball team, said the Celtics made too many turnovers in the loss to More. He's excited, however, about the prospect of playing at home on Thursday at 7 p.m. against Newman. The midget/junior/senior tripleheader that day marks the official opening of Bishop Ryan's gym at the school's new location on the Mountain. The first day of classes was Tuesday.
"It's a good school," Bonomo said of his initial reaction to the new Rymal Road facility. "I love it. The gym is very nice. Shiny and new. It pops out at you."
Said Celtics coach Steve Begadon: "The gym is gorgeous. We're looking forward to it a lot."
The Celtics hosted a tournament last month and said goodbye to their Albright Road home with a victory over the Burlington Assumption Crusaders. The Cathedral Gaels won the BR tournament championship with a 98-96 win over the St. Jean de Brebeuf Braves.
"That was a fantastic game," Begadon said. "It went to quadruple overtime. It was a great way to leave the gymnasium."


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
leaderships and two different kinds of practices that leaders may practice with followers.
The three different kinds of leadership are the following:
Deliberative -- where the leader deliberately guides and leads his followers
Participative -- where leader and followers participate in making decisions
Charismatic -- where the leader wins his followers over by virtue of his personality and radical decision-making style
The two different kinds of behavior and attitude that the leader may actuate to followers and that are discussed in this essay are:
reward and punishment that result in desired behavior
Boundary setting -- where the leader imposes perimeters for followers in order to achieve certain results.
Using material appended from other settings the essay concludes by telling us how we may become more effective leaders.
Summary of key facts of the Chapters
Chapter Five
This chapter discusses directive leadership. In this paradigm, the leader is in a purely directive role where he tells the follower what to do. He believes that the follower needs guidance, that if left alone he is apt to falter, and that it is up to the leader to instruct and monitor him. Advantages of this approach can be follower satisfaction and role clarity in that the follower knows exactly what to do. On the other hand, the model can also cause job burnout and stress. Directive leadership works better on some than on others.
Study of outcomes of directive leadership is mixed. Some studies have found that these kinds of leaders receive higher ratings that others who are not directive. Again, it may be that some countries are more congruent to this type of leadership than others since Japan, for instance, seems to prefer this type of orientation. Again too, there are certain situations that more readily call for directive leadership than others such as when people work in a large group or in a highly structured environment. Finally, too, the leader's qualities determine the extent to which his followers are pleased by his directiveness. Proficiency, skill, empathy, expertise, and supportiveness on the leader's part are some of the qualities that make the directiveness come across better.
For those with whom directiveness does not work so well, creating small groups and recruiting followers who need less clarity can take the place of the need for directiveness.
Effective directive leadership improves followers' information, understanding, and ability to deal with work tasks. The two most important qualities of effective directive leaders seem to be Self-confidence and assertiveness and these are accompanied with good communication skills, competence, and experience all carried out in a timely competent manner.
Chapter Six
Chapter Six discusses participative leadership. Which consists of involving followers in the decisions that leaders would otherwise make alone. Sometimes, this also extends to delegating followers to make the decisions even without the presence of the leader.
Participative leadership has been especially popular in the United States and gives followers the feelings of a certain competence, self-control, independence, esteem, and personal growth. Female leaders tend to be participative and this quality is also used with highly competent followers.
The evidence seems to show that participative leadership increases motivation and follower loyalty, although participative leadership also has limitations that include the following: it takes time, removes followers from other tasks, requires training and other support, and may be resisted by some managers.
The qualities of Leader Participativeness are the following:
Drawing out and listening to followers
Holding meetings to share decision problems and gather input
Giving serious consideration to followers' input
Reaching consensus with followers and leaders as equals
Delegating decisions to capable followers
As with deliberate leadership, these qualities are enhanced in certain situations and attenuated in others.
The follower behavioral outcomes are the following:
Increased performance and productivity
High-quality decisions
Professional development of followers
Possible resistance by some followers
Decision requires extra time
Chapter Seven
This chapter talks about leaders rewarding and punishing followers and the effects of this expectation paradigm. Rewards are supposed to increase certain behavior and exist in the form of praise, raise in salary, promotion and so forth. Punishment aims to decrease, or expunge, certain behavior and exists in the form of demotion, firing, criticisms, cut in salary and so forth. This is a social exchange between leader and followers where followers provide the service and leader rewards / penalizes them.
To be most effective, rewards and punishment must be contingent on the performance and be administered in a reliable, just, and consistent manner. They must also be coherent and contingent, since no contingent consequence has little impact. Followers must know too why they are being punished or rewarded for ignorance of consequence can have the opposite impact.
As with leadership qualities, rewards and punishments have their effect contingent on context, environment, and follower and leader qualities.
The most effective qualities for consequences are the following:
Tangible rewards are distributed fairly, promptly, and contingently
Leader controls important rewards that are valued or expected by followers
Leader works at a high organizational level
Accurate measures of performance are used and clearly explained
Performance is determined by skill and effort
Leader is recognized as expert in followers' tasks
Cohesive work group with positive performance norm
Behavioral outcomes of consequences generally result in the following:
High performance and productivity
Compliance with leader requests
Group cohesiveness
Follower enthusiasm
Chapter Eight
This chapter discusses charismatic leadership. Charismatic leaders are found in all sorts of organizations, and they often propose radical and unusual solutions. Charismatic leaders too arouse unquestioning loyalty, esteem, and emotional attachment in their followers. The outcome too is a combination of leader and follower characteristics as well as situational qualities.
The key charismatic qualities include the following:
describing a mission or vision of the future that appeals to followers' moral values and growth needs, making inspirational speeches, using impression management to enhance their image in followers' eyes, role modeling behaviors for followers that reflect high expectations and confidence in followers, demonstrating creative risky behavior for the sake of the mission, and using frame alignment to help followers develop shared perspectives of events and environmental factors that help guide follower behavior (236)
The effect has its influence precisely due to the fact that followers identify with the leader's vision, beliefs, values and goal. Motivation is high, burnout and turnover is low, volunteerism is high too, and (depending on situation and follower), some, followers may surrenders their possessions, lives, energies, labor, and all for the charismatic leader. For followers, however, who do not cohere with the charismatic leader's goals, opposition is strong.
Charismatic leaders usually, although not always, also use situational contexts to solidify and reinforce their impression.
The situational factors that increase a charismatic leader's effectiveness are the following:
Crisis or extreme uncertainty
Follower distress, anxiety, isolation, helplessness, low self-esteem
Organizational history of charisma
Creative or inherently satisfying work task
High leader rank, status, or expertise
Educated and professional followers
Formal plans, goals, and procedures that support leader's mission
New entrepreneurial organization
Chapter Nine
Boundary spanning consists of drawing boundaries demarcating rules and task of employees from outside influences or separating them into separate sectors within the organizing itself. Boundary spanning seems to be particularly needed when appears to be particularly needed when a team or organization faces a rapidly changing, complex, resource-poor, or threatening environment, or when the environment presents unique opportunities for the organization to exploit.
Within the team or organization, boundary spanning is needed and used when conflict exists between teams or team members, or the leader's unit and other units are highly specialized, interdependent, or use complex technology requiring extensive coordination and cooperation. Boundary spanning is also used when employees are given a certain degree of independence from employer. Leaders who are good communicators, assertive, knowledgeable, and experienced in organizational operations, and have many connections outside their group or department may be particularly good in boundary spanning.
In order to most effectively achieve boundary spanning, negotiation and team leadership skills are important.
The leader demonstrates boundary spanning by:
Manipulating and protecting group boundaries to resist jolts from the environment
• Negotiating with outsiders to obtain resources and develop agreements that help the group
• Managing interactions among followers to resolve conflicts and overcome difficulties
• Obtaining, filtering, storing, and disseminating valuable information for the group's benefit
Examples related to each chapter showing importance of each
Deliberative leadership -- As mentioned certain situations are more in sync with this type of leadership than are others. One of situations that require this type of leadership is change, a component that is necessary but almost always threatening for an organization. The leader is the prime mover who creates and directs the change. Macy and Izumi (1993) list 60 ways in which a leader can effect organizational change. The leader has to be forceful but compassionate in engineering the change. One of the ways that the does this is by him persistently presenting the change as just that: a change that will occur to and for the good of the organization (Bartunek (1993).
"Leaderships And Two Different Kinds Of Practices" (2013, March 28) Retrieved December 11, 2016, from http://www.paperdue.com/essay/leaderships-and-two-different-kinds-of-practices-87050
"Leaderships And Two Different Kinds Of Practices" 28 March 2013. Web.11 December. 2016. <http://www.paperdue.com/essay/leaderships-and-two-different-kinds-of-practices-87050>
"Leaderships And Two Different Kinds Of Practices", 28 March 2013, Accessed.11 December. 2016, http://www.paperdue.com/essay/leaderships-and-two-different-kinds-of-practices-87050
Where the Burns (1978) book sets itself apart is through its evaluation of the practice and theory of leadership skills. In the book, Burns (1978) states that he defined leadership as "leaders inducing followers to act for certain goals that represent the values and the motivations -- the wants and needs, the aspirations and expectations -- of both leaders and followers" (p. 19). Another important reason that Burns (1978) remains
Leadership, according to La Monica (1938), is when a person has authority that is recognized by others, and the person has followers/subordinates under them, who believe that the person will assist them in attaining certain goals (carrying out specific objectives for the followers). Furthermore, anyone that is willing to assist and help others could be referred to as a leader (p.8) Leaders see what others do not Most leaders have
Leadership Vision Over the last several years, a wide variety of organizations have been addressing challenges associated with effective leadership. This is because most firms have traditionally created strategies behind closed doors and then introduced these ideas to everyone. The problem with this kind of approach is that no one is able to share the same kind of vision as the individuals in the planning group. The reason why is, most
Leadership Styles In many ways the United States offer the ideal case study for examining different leadership styles, because its particular process of election and governance presents opportunities for each leadership style to flourish. In short, while the election itself favors a charismatic leadership style, the success of the executive branch depends on a transformational leadership style, and the interactions between the executive and the legislature can only be characterized as
It is the balancing of tools within the rubric of employee-supervisor roles that requires one use different managerial techniques in order to solve the problem at hand. Similarly, find ways to build and increase trust between members of the group and management and group. REFERENCES Blake, R. And Mouton, J. (1985). The Managerial Grid III.: The Key to Leadership Excellence. Houston, TX: Gulf Publishing Company. Boulgarides, J. And Cohen, W. (2001). Leadership
E. child care and health insurance). As, they can negotiate lower group rates for: the company and offer them as part of the total compensation package that everyone is receiving. (Northouse, 2010, pp. 89 -- 93) Was Burton a charismatic leader in the company at this time? Explain your answer. Yes, Burton was a charismatic leader. The reason why, is because he would utilize strategies that went above and beyond what traditional
Leadership for Organizations Leadership The success of organizations and individuals' careers are influenced by the role of leaders. Nowadays firms seek leadership skills in individuals for all sorts of careers while recruiting. Chief Executive Officers (CEOs) believe that it has become critically important to nurture leadership approach at all levels of the organization (Lussier, Achua, 2009, p. 4). The topic of leadership has been gaining tremendous attention of academic world and media (Bass,


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Doctor insights on:
Drinking Coke Affect Iron
Coke (Definition)
Coke is a term for the illegal drug cocaine, which provides a stimulant effect ...Read more
What effect does omeprazole have on iron supplements. Also drinking soft drinks (coke)?
Prilisec and Iron: Although iron is mostly absorbed in the small intestine, any agent that alters the ph in the stomach, that is any agent that decreased the production of stomach acid, will affect the environment in the small intestine and will ultimately affect the absorption of vital nutrients as iron. Additionally, the lack of acid in the stomach will sometimes alter the actual molecule in an iron supplement. ...Read more
Can drinking too much soda affect iron levels?
I have seen reports: that it can, although I am not sure of the mechanism, but it has to be a LOT of soda. The major problem with lots of soda is the calories, and it is a major contributor to the epidemic of overweight, obese and diabetic individuals in the US and western world. It appears to reduce iron absorption in some people. You are far better off with water which is cheaper, healthier and doesn't affect iron. ...Read more
Can drinking milk everyday could lower your iron level?
Doubt so in adults: In infants less than 1 year of age, experts say never to give cow milk as it has low iron levels and in the very young iron absorption is messed up by milk/calcium in general. In adults i believe this is much less of an issue, assuming you have no anemia to begin with. I think an adult would have to drink a lot of milk to effect their iron levels. Theoretically possible though! ...Read more
Which type of food/drink can I have to bring up my iron level?
Supplemental iron: How do you know that you have low iron? If you are anemic, you should be evaluated for the cause. Over the counter iron supplements are the easiest way to increase body content of iron, but i would not recommend self treatment without evaluation by your doctor. ...Read more
All my bloods are ok and iron level good. The problem is I am really tired. Help please. I do exercise few minutes each day and i drink water?
Vit. Defficiency?: Don't know if you were tested for thyroid disease or vitamin B12 and Folic Acid deficiency but would be reasonable to do so as well. ...Read moreSee 1 more doctor answer
Does diet coke affect iron count?
No: No known relationship.Get a more detailed answer ›
Is it bad to drink coke and pepsi? Does it affect skin and health?
Probably: See the label! all things in moderation. They are tasty. ...Read moreSee 1 more doctor answer
I drink about 1-1.5 ltrs /(4-5) cans of coke zero per week. How can this affect me?
Fine: 4-5 cans of soda a week should be fine. In a rare case, people have severe underlying acid indigestion/gerd/peptic or gastric ulcer disease, and drinking even a few cans be aggrevating. ...Read more
Is it possible that drinking vast amounts of diet coke affect the result of a pregnancy test?
No: No, but it can adversely effect your health. ...Read more
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AXIS BANK RTGS HO Branch in JAMMU - Address, IFSC, MICR Code
UTIB0002375MICR Code
CHAK POUNI WANDContact
GROUND FLOOR KHASRA NO. 735 MIN KHATA NO. 189 MIN KHEWAT NO. 90 VILLAGE : CHAK POUNI WAND (BRAHMANA) DISTRICT : JAMMU - 180002City
What is IFSC Code of AXIS BANK situated at CHAK POUNI WAND- RTGS-HO?
IFSC Code of AXIS BANK situated at CHAK POUNI WAND - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Private White
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July 12, 2011
COLIN A. SMITH, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
This case comes before the Court on cross-motions for judgment on the pleadings (Dkt. Nos. 6, 8) that the parties have filed pursuant to Rule 12(c) of the Federal Rules of Civil Procedure ("FRCP"). Plaintiff Colin A. Smith commenced this action on December 17, 2009, pursuant to 42 U.S.C. § 405(g). Through this action, Plaintiff challenges the final determination of the Commissioner of Social Security ("Commissioner") denying his claim for Supplemental Security Income ("SSI") benefits under the Social Security Act. The Commissioner responds that substantial evidence supports the denial of Plaintiff's claim.
As a procedural note, the Court had referred this case to Magistrate Judge H. Kenneth Schroeder, Jr. Magistrate Judge Schroeder held oral argument on the pending cross-motions on July 27, 2010. After reviewing the motion papers and the transcript of the oral argument, this Court has decided that it can resolve the pending motions without the need for a report and recommendation under FRCP 72. For the reasons below, the Court grants the Commissioner's motion and denies Plaintiff's motion.
On May 18, 2005, Plaintiff applied for SSI benefits alleging disability beginning January 1, 2003, due to diabetes, cardiomyopathy with hypertension, status-post bilateral gunshot wounds, and status-post hip surgery. At the time of his application, Plaintiff was 28 years old, weighed 273 pounds, and was educated through the eleventh grade. (Tr. 47; 54). Plaintiff also indicated that he held full-time employment until the onset date of his disability in 2003, and after Plaintiff's SSI benefits were denied in September 2005, Plaintiff worked for another year performing various temporary physical labor jobs in grocery and factory production settings. (Tr. 57-64).On his application for SSI benefits, Plaintiff claimed an inability to stand for long periods of time, lift heavy objects, or work in cold temperatures, due to pain and other symptoms secondary to diabetes, hip injury, complications from gunshot wounds, and prior heart attack. (Tr. 47-48).
On January 23, 2002, Erie County Medical Center ("ECMC") admitted Plaintiffwith complaints of chest pain and diagnosed him with heart failure, diabetes, and mild to moderate left ventricular dysfunction. (Tr. 92-94; 100). On April 12, 2005, Buffalo General Hospital Emergency Room admitted Plaintiff for a draining gunshot wound; Plaintiff was shot in both legs in 2001, but had complications in his left leg four years later after "roughhousing with his daughter." (Tr. 134-143). Plaintiff revisited Buffalo General Hospital on May 4, 2005, and was prescribed Lortab to ease the residual pain from this injury. (Tr. 162).
On August 4, 2005, Dr. John Schwab conducted an internal medical examination of Plaintiff upon his filing for SSI benefits and diagnosed Plaintiff with diabetes mellitus, hypertension, and obesity. (Tr. 167). Two years later, on April 12, 2007, Plaintiff saw his primary care physician, Dr. Zahrain Hall, to treat complications from diabetes, stress, and pain in his knees and legs. Plaintiff returned to Dr. Hall a month later complaining of continued pain and seeking completion of a form for employability. Plaintiff felt he was unable to work because of pain in his knees and hip that gave him difficulty sitting and standing for a prolonged period of time. (Tr. 203; 205). Dr. Hall completed the form but concluded that Plaintiff should only temporarily stop working for three months.
Dr. Hall opined that after three months of taking prescribed medication, attending physical therapy, dieting, and completing a sleep study to aid Plaintiff's anxiety and exhaustion, Plaintiff would be able to complete "a job training program if he feels unable to do construction" and thus, eventually work again. (Tr. 205; 208-209).
Plaintiff's claim for SSI benefits was disapproved on September 14, 2005. (Tr. 32-35). On January 11, 2006, Plaintiff filed a Disability Report-Appeal in which he claimed that his pain had worsened thereby exacerbating his inability to move and perform daily activities. (Tr. 77-83). Plaintiff then requested a hearing before an Administrative Law Judge ("ALJ") on January 19, 2006, and subsequently obtained legal representation on June 6, 2008. A video hearing took place on August 7, 2008, before ALJ Maryellen Weinberg, at which only Plaintiff testified. (Tr. 23; 31; 36-39; 271-306).
In a written decision dated September 4, 2008, the ALJ denied benefits to Plaintiff. According to the ALJ, Plaintiff in fact suffers from diabetes and residual impairments from hip surgery, gunshot wounds, and congestive heart failure. Nonetheless, the ALJ determined that Plaintiff's subjective complaints regarding pain and functional limitations were not entirely credible because they do not correspond to a collective reading of Plaintiff's medical records. (Tr. 17-22). Moreover, the ALJ found Plaintiff not entirely credible because he inconsistently took his diabetes medication, failed to regularly check his blood sugar level, continued to smoke, and did not diet as much as the doctor prescribed; the ALJ concluded that if Plaintiff's pain were as severe as claimed then he would take these prescribed steps to better himself. (Tr. 19-21). The ALJ ultimately determined that Plaintiff has the residual functional capacity ("RFC") to perform sedentary work with the additional limitation that Plaintiff should not work inenvironments with a high concentration of dust, fumes and/or other pulmonary irritants because of his congestive heart failure. (Tr. 18-19).
Plaintiff appealed the ALJ's denial of benefits to the Social Security Appeals Council. In a written notice dated November 4, 2009, the Appeals Council upheld the ALJ's decision. The Appeals Council's notice thus became the final decision of the Commissioner. Plaintiff then filed this action on December 17, 2009, challenging the ALJ's determination.
Jurisdiction and Scope of Review District courts have jurisdiction to hear claims based on the denial of Social Security benefits, but may only set aside the Commissioner's decision if it is based upon a legal error or if the findings of fact are not supported by substantial evidence. See 42 U.S.C. § 405(g). Evidence is substantial if it is "more than a mere scintilla," and if it is that which "a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)).
The Social Security Act sets out a five-step evaluation in order to determine whether one is disabled as it is defined in 20 C.F.R § 404.1504; that is, whether one lacks the ability "to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months." 20 C.F.R § 404.1504.
The first step in the evaluation is to consider whether Plaintiff is presently engaged in substantial gainful activity. 20 C.F.R §§ 404.1520(a)(4)(i); 416.920(a). If not, the Commissioner must then assess the severity of Plaintiff's impairment; in order to claim disability, one must have a severe impairment that "significantly limits [Plaintiff's] physical or mental ability to do basic work activities." 20 C.F.R. §§ 404.1520(a)(4)(ii),(c); 416.920(c). If Plaintiff suffers from such an impairment, the Commissioner must next consider the medical severity of his impairment. 20 C.F.R. §§ 404.1520(a)(4)(iii); 416.920(d). If Plaintiff has an impairment that is equivalent to one listed in 20 C.F.R Part 404, Subpart P, Appendix 1 and the impairment continues for a period of not less than 12 months, the Commissioner will find that Plaintiff is disabled. 42 U.S.C. § 423(d)(1)(A). However, if Plaintiff does not have an impairment listed in Appendix 1, the Commissioner must determine Plaintiff's RFC. 20 C.F.R. 416.920(e).
At the fourth step of the inquiry, the Commissioner must consider the assessment of Plaintiff's RFC and to consider Plaintiff's past relevant work. 20 C.F.R §§ 404.1520(a)(4)(iv); 416.920(f). If he cannot perform his past work but is capable of making an adjustment to perform other work, the Commissioner will assess Plaintiff's RFC along with the his age, education, and past work experience to determine whether Plaintiff can make an adjustment to perform other work which exists and is prevalent in the national economy. 20 C.F.R. §§ 404.1520(a)(4)(v); 416.920(g). Plaintiff bears the burden to prove the first four steps and the Commissioner bears the burden to prove the fifth step. See Schaal v. Apfel, 134 F.3d 469, 501 (2d Cir. 1998); Perez v. Chater, 77 F.3d 41, 46 (2d Cir. 1996); 20 C.F.R §§. 416.912(g).
In the present case, the ALJ first found that Plaintiff had not engaged in any substantial gainful activity since he filed his application on May 18, 2005, and secondly, that Plaintiff suffered from diabetes mellitus, cardiomyopathy with hypertension, status-post bilateral gunshot wounds, status-post hip surgery, and obesity. (Tr. 17). However, pursuant to the third step of the inquiry, the ALJ found that none of these impairments, alone or combined, met or medically equaled any of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Tr. 18).
The ALJ next found that given Plaintiff's age, 11th-grade education, and lack of medical records to support his testimony of excessive pain and inability to perform many daily activities, Plaintiff had the RFC to perform sedentary work that exists in the national economy. (Tr. 18-21). Sedentary work is defined by 20 C.F.R 416.967(a) as work that mainly involves sitting, although some occasional amount of walking, standing, and lifting small, light objects is often necessary to carry out job duties. The ALJ also found that Plaintiff should perform sedentary work in environments without "concentrated exposure to dust, fumes, and other pulmonary irritants" due to Plaintiff's congestive heart failure. (Tr. 18). Although the ALJ noted that Plaintiff has no relevant past work experience because he can no longer perform physical labor due to his impairments, she determined that Plaintiff could receive vocational training for a new line of work as per the recommendation of Dr. Hall on Plaintiff's employability form.
Medical Evidence Supports the ALJ's Residual Functional Capacity Assessment
In order to determine Plaintiff's RFC, the ALJ must assess and consider all medically determinable impairments based on "all of the relevant medical and other evidence" as well as [Plaintiff's] "ability to meet the physical, mental, sensory, and other requirements of work." 20 C.F.R § 404.1545(a)(1-4). In the present case, the ALJ found that Plaintiff does not have a severe impairment "which significantly limits [his] physical or mental ability to do basic work." 20 C.F.R § 404.1520(c). Rather, in spite of Plaintiff's injuries from diabetes, gunshot wounds, hip surgery, and congestive heart failure, the ALJ determined that Plaintiff's medical records prove his ability to receive training for and perform sedentary work.
Plaintiff provided medical records from his primary care physician, Dr. Hall, and from two internal medicine examiners, Dr. Schwab and Dr. Kelley, to whom the Division of Disability Determination referred Plaintiff upon his applying for SSI benefits. (Tr. 164-167; Tr. 180-184). On April 12, 2007, Dr. Hall reported that Plaintiff had congestive heart failure for which he was hospitalized in 2001. Dr. Hall further diagnosed Plaintiff with obesity, non-insulin dependant diabetes, and knee pain. (Tr. 197). Two months later Plaintiff returned to Dr. Hall after having been incarcerated for one month where he had no access to medication for his diabetes. (Tr. 203-205). At this visit, Plaintiff asked for diabetes medication and completion of a form for employability because he felt unable to work due to knee and hip pain that impeded his ability to sit, stand, or perform any gainful employment (Tr. 205; 208). Dr. Hall subsequently filled out the form which stated that Plaintiff's Estimated Functional Limitations were such that he could be excused from work for three months. Dr. Hall opined that after three months of proper medication, weight loss, and physical therapy, Plaintiff would be capable of going through job training for a new line of work if he still feels unable to perform his prior work in construction. (Tr. 208).
Moreover, internal consultative medical examiner, Dr. Schwab, examined Plaintiff on August 4, 2005. He concluded that Plaintiff was only restricted from those activities requiring "fine visual activity," but noted that Plaintiff's vision would likely be corrected with proper treatment of his diabetes. (Tr. 167). No other medical impairments were diagnosed at that time. Two years later, Dr. Kathleen Kelley examined Plaintiff. (Tr. 184). In her report, Dr. Kelley opined that Plaintiff's diabetes led to some neuropathy in Plaintiff's feet and that Plaintiff should thus refrain from working in environments with extreme temperatures as well as environments with concentrated smoke and respiratory irritants because of his congestive heart failure. (Tr. 184). Lastly, Dr. Kelley noted that she saw no further "obvious limitations" and that any other limitations would be "psyche-related." (Tr. 184).
Plaintiff argues that the ALJ made her ultimate decision based upon her own opinion rather than from the doctors' medical opinions taken from Plaintiff's medical records. However, no medical report stated Plaintiff's inability to work other than the form of employability Dr. Hall filled out stating that Plaintiff could not work for a three month period which does not satisfy the minimum durational requirement of inability to work for not less than 12 months. 20 C.F.R § 404.1504; (Tr. 206-209). Furthermore, Dr. Hall's opinion that Plaintiff would be able to receive subsequent new job training greatly supports the ALJ's conclusion that Plaintiff furthermore has the capability to use that job training in order to perfom some sort of work. Thus, the ALJ's determination that Plaintiff is not disabled and can perform sedentary work is supported by substantial evidence and was not made in legal error.
Failure to Obtain Testimony of a Vocational Expert Plaintiff argues that the ALJ erred in failing to obtain testimony from a vocational expert. An ALJ must only seek testimony of a vocational expert when Plaintiff's non-exertional limitations "significantly limit the range of work permitted by [Plaintiff's] exertional limitations" such that it causes "additional loss of workcapacity beyond a negligible one or ... one that narrows [his] possible range of work as to deprive him of a meaningful employment opportunity." Zabala v. Astrue, 595 F.3d 402, 411 (2d Cir. 2010); (quoting Bapp v. Bowen, 802 F.2d 601, 605-06 (2d Cir. 1986)). When non-exertional limitations do not cause such additional loss of work capacity, the ALJ is permitted to assess Plaintiff's RFC using the Medical-Vocational Guidelines set forth in the Social Security Regulations. 20 C.F.R. Part 404, Subpart P, App. 2. Therefore, testimony of a vocational expert is only necessary when Plaintiff has a non-exertional limitation that significantly worsens his exertional limitation such that it would subsequently render an inaccurate reading of the Medical-Vocational Guidelines. Id.
Plaintiff claims that the ALJ erred in not seeking testimony of a vocational expert because the ALJ failed to take into account Plaintiff's non-exertional limitations of limited mobility and inability to work in environments with high concentrations of dust and pulmonary irritants. Plaintiff incorrectly categorizes difficulty sitting, standing, and walking as non-exertional limitations.*fn1 However, Plaintiff does have an environmental non-exertional limitation due to his congestive heart failure. The ALJ determined that Plaintiff should not work in "environments with concentrated exposure to dust, fumes, and/or other pulmonary irritants" but as per the Social Security Regulation SSR 83-14, the impact of "the broad world of work would be minimal because most job environments do not involve great ... amounts of dust." (Tr. 18); Social SSR 83-14.
In the present case, Plaintiff's exertional limitations secondary to his diabetes, status-post hip surgery, status-post bilateral gunshot wounds, and obesity are not significantly altered or exacerbated by Plaintiff's environmental non-exertional limitation because this environmental limitation does not eliminate a significant number of Plaintiff's potential employment opportunities.*fn2 SSR 83-14. Therefore, the ALJ's RFC determination was not made in error when she used the Medical-Vocational Guidelines to determine that Plaintiff could perform sedentary work because her decision to use the Guidelines was supported by substantial evidence in Plaintiff's medical records and was supported by the Social Security Regulations. 20 C.F.R. Part 404, Subpart P, App. 2.
ALJ's Credibility Assessment
The ALJ determined that Plaintiff's subjective testimonies of pain and daily activities were not entirely credible because they do not corroborate with medical evidence and because Plaintiff failed to routinely follow prescribed medical advice to help decrease his pain. Furthermore, Plaintiff also gave conflicting testimonies as to his daily activities.
The Court shows "special deference" to the credibility determination made by the ALJ who observed Plaintiff testify at the hearing before her. Yellow Freight Sys. Inc. v. Reich, 38 F.3d 76, 81 (2d. Cir. 1994). Although Plaintiff's subjective complaints must be considered, symptoms alone cannot establish that an impairment is severe without a medically determinable impairment in Plaintiff's medical records that could reasonably be expected to produce the symptoms. Gallagher v. Schweiker, 697 F.2d 82, 85 (2d Cir. 1983); SSR 96-3p. Moreover, it is proper for an ALJ to make a credibility determination based on whether Plaintiff's testimony is consistent with medical records and whether Plaintiff follows medical advice. See SSR 96-7p.
Plaintiff claims that pain, fatigue, numbness, and tingling are problematic symptoms secondary to his gunshot wounds, diabetes, an old hip surgery, and congestive heart failure that collectively do not allow him to work. The ALJ assessed these factors but noted that none of the examining doctors' reports stated that Plaintiff's injuries were severe enough to cause pain so significant as to disable him or that would reasonably be expected to produce symptoms of which Plaintiff complained. (Tr. 18-22). Therefore, the ALJ properly took Plaintiff's testimony into consideration and accounted for his pain, but ultimatelyfound Plaintiff's testimonies not entirely credible because the record lacked substantial evidence to corroborate them.
Plaintiff also failed to routinely follow prescribed medical treatment. The ALJ noted from medical records and from Plaintiff's own testimony that Plaintiff inconsistently took diabetes medication and failed to regularly check his blood sugar in order to help control fatigue, numbness, and tingling. Furthermore, the ALJ noted Plaintiff did not follow through with the prescribed sleep study to help his problem of fatigue, nor did he attend physical therapy as prescribed to help knee and hip pain. Lastly, the ALJ determined that Plaintiff's decision to continue smoking despite his congestive heart failure suggests that his pain is likely not as severe as alleged and that Plaintiff would have stopped if it were. The ALJ reasoned that Plaintiff's failure to follow all of Dr. Hall's prescribed advice suggests that Plaintiff's accounts of pain are not as severe as he claims, and thus, not entirely credible. (Tr. 19-21)
Plaintiff also raised the concern that the ALJ did not rely on Plaintiff's accounts of his limited daily activities, but the Commissioner argued that Plaintiff's testimony conflicted as to the specifics of his daily activities. At his hearing in front of the ALJ in August 2007, Plaintiff testified that he sometimes needs help bathing, rarely leaves the house because he can only walk "for a good ten minutes," only socializes when his mother or his nieces come to visit him, and has difficulty holding a writing implement. (Tr. 285-287). However,some parts of this testimony substantially conflict with the description of daily activities that Plaintiff gave Dr. Kelley nine months later in May 2008. Specifically, at that time, Plaintiff told Dr. Kelley that he had no problems bathing himself, often went outside and socialized with friends, and enjoyed drawing which requires holding a writing implement. (Tr. 180-184). The ALJ noted that these inconsistencies in Plaintiff's testimony were another basis for finding Plaintiff not entirely credible.
In light of the aforementioned factors, there is substantial evidence in the record to support the ALJ's conclusion that Plaintiff's subjective complaints of pain were not entirely credible. Thus, the ALJ made no error of law by giving these subjectively testimonies less weight in assessing Plaintiff's RFC.
For the reasons set forth above, the ALJ properly found that Plaintiff was not disabled. The Court grants the Commissioner's motion for judgment on the pleadings (Dkt. No. 6) and denies Plaintiff's cross-motion for judgment on the pleadings (Dkt. No. 8). The Clerk of the Court shall close this case.
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