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Barry News
Men's Soccer Falls 1-0 to #21 Tampa
MIAMI SHORES, Fla.- On a night when both sides fought a tough, physical game, Barry Men's Soccer came up just short as they fell 1-0 to the University of Tampa. The Bucs out-shot the Spartans 17-11, forced Tampa's goalkeeper Zak Downes to make a majority of the saves and had the ball hit the post after a perfect shot from Leonel Awokang in the... read more
Women's Soccer Knocks Off Spartans
MIAMI SHORES, Fla.—The ninth-ranked Barry Buccaneers knocked off the Tampa Spartans 3-1 at Buccaneer Field on Saturday, with three goals from set pieces in Sunshine State Conference women's soccer action. Tamara Vuckovich had a goal and an assist to lead the Bucs to victory. The Bucs (7-1-1, 4-0-0 SSC) staked their claim to first place in the SSC,... read more
ADSOE alumna given MDC Endowed Teaching Chair award
Barry University alumna Isabel Rodriguez-Dehmer, PhD, was recently awarded Miami Dade College's 2014 Blockbuster Entertainment Corporation Endowed Teaching chair award at a ceremony on Wednesday, Oct. 1 at the Wolfson Campus' Chapman Conference Center. Rodriguez-Dehmer was joined by ten other MDC faculty members at the annual program which... read more
Men's Basketball: Barrueta Preseason Honorable Mention All-American
Barry University men's basketball forward Yunio Barrueta was named a Sporting News NCAA Division II Preseason Honorable Mention All-American in the recently released Sporting News College Basketball Yearbook. Barrueta, a 6-foot-6 junior from Miami, was a Second-Team All-South Region selection by the National Association of Basketball Coaches and... read more
Women's Tennis Pair Champions Again
SUMTER, S.C. – Barry University women's tennis partners Linda Fritschken and Emma Onila repeated as Intercollegiate Tennis Association Super Bowl doubles champions Sunday. The Buccaneers duo, who also won their second straight ITA Small College Championships title two days earlier at Palmetto Tennis Center, beat Claremont-Mudd Scripps'... read more
Buccaneer Golf Day Another Success
MIAMI BEACH, Fla. – Casey Griffin, Marc Pumo, Raul Avilez, Greg Maya and Barry University men's golfer Nico Cavero won the 18-hole scramble event at the ninth annual Buccaneer Golf Day Friday at Normandy Shores Golf Club. The winners shot a 17-under 54 on the par-71 course, home to Barry University men's golf program's Buccaneer Invitational... read more
Volleyball Falls to No. 1 Tampa
MIAMI SHORES, Fla. – Barry University's volleyball team ran into a buzzsaw Saturday as No. 1 Tampa rolled to a 25-17, 25-15, 25-8 win. It was the first time the Buccaneers (10-8, 3-5 Sunshine State Conference) met the Spartans (15-1, 8-0) when they were ranked No. 1 in NCAA Division II since Oct. 12, 2007. Tampa also won that match in three... read more
Women's Tennis Pair to Play for Super Bowl Title
SUMTER, S.C. – Barry University's Linda Fritschken and Emma Onila beat Tyler (Texas) Junior College's Joanna Savva and Paige Murdock, 6-0, 6-4, in the Intercollegiate Tennis Association's Super Bowl Championships Saturday. Fritschken and Onila, who became the first Buccaneer doubles team to win the Super Bowl last year, will play... read more
Men's Tennis: Groetsch Places 3rd at Small College Championships
SUMTER, S.C. – Barry University men's tennis' Fabian Groetsch defeated Manuel Righi of Concordia (N.Y.), 6-4, 6-3, for third place in the Intercollegiate Tennis Association Small College Championships. Groetsch, the No. 2 seed, went 2-1 in the eight-region NCAA Division II tournament at Palmetto Tennis Center. Righi was the fourth seed. ... read more
Women's Tennis Duo Repeat as ITA Champs
SUMTER, S.C. -- Barry University women's tennis doubles partners Emma Onila and Linda Fritschken won the Intercollegiate Tennis Association Small College Championships title for a second consecutive year. Onila and Fritschken, seeded third, beat Armstrong Atlantic's Dora Andrejszki and Lena Lutzeier, 6-2, 6-1, in the finals at Palmetto Tennis... read more


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Nothing is more important to U.S. consumers than their entertainment choices, but are movies and broadcast TV even relevant in the new world of entertainment?
Or will the convergence of content, internet, mobile applications, games and social media be the onrushing asteroids that will soon destroy the movie dinosaurs?
Is it a 3-year fad, or will new technologies like 3-D keep going to the movies from being relegated to the dustbin of history like Vaudeville, the afternoon newspaper, the evening news, the variety show, and the compact-disc?
Has the U.S. movie box office - traditionally the holy grail of movie industry metrics -- become increasingly irrelevant?
What is the future of Pay-Per-View/Video-on-Demand (PPV and VOD)?
Video-on-demand alone is estimated to grow from a $1.1 billion dollar business this year to $5 billion by 2012, taking market share away from DVD retailers and intensifying the carriers' ambition to bid for the best (and first run) titles.
How about Internet Video?
Annual U.S. revenues from internet video services spanning user-generated content to television shows and movies will exceed $7 billion this year.
And this business is becoming LESS advertising driven -- transitioning from today's model of more than 85% of revenue being ad-based to less than 60% and trending down with the balance being generated by content payments, either for one-time viewings or via subscriptions.
What do these new realities mean for the content creators of new media and for traditional studios, filmmakers, producers, and distributors?
What is the future for good-old fashioned DVD rentals and sales?
Get The Answers
I am very excited to share with you the opportunity to meet the Managing Director of Growthink's new media and entertainment practice, Mr. Lee Muhl.
Lee, quite simply, has forgotten WAY more about the entertainment business than most of will ever know (see his biography below).
And he has graciously agreed to give us the answers to the above questions, which winning business models to run with, which losers to run from, and much, much more!
Best regards, and look forward to your attendance and feedback.
Jay Turo
Growthink, Inc
Follow me on Twitter
Join my network on LinkedIn
Biography of Mr. Lee Muhl, Managing Director, Growthink's New Media and Entertainment Practice
Lee Muhl heads Growthink's entertainment-media vertical, encompassing the making and distribution of films, television programming, games, new media content and numerous related distribution platforms, technologies and methodologies including theatrical exhibition, DVD, PPV-VOD, mobile applications, internet/IPTV, and a variety of new content modalities (digital theater conversion, advertainment, infotainment, advergaming), and related investment, banking and funding issues.
To date, Lee has overseen the successful conclusion of more than 100 Growthink engagements for funding plans and sophisticated media financial models, including film projects ranging from the production of numerous independent films and major studio productions to scores of angel and seed development fundings - overall, production funds generated are well in excess of $100MM.
Originally trained in transactional entertainment law and the representation of above-line talent, Lee worked with a number of well-known writer-director-producers in both traditional studio/network deals and in arranging non-studio financing for independent film production including such classics as Bladerunner. In 1999, Lee joined the Silicon Valley new media content contingent as an Internet-company CEO, and has since founded two innovative Los Angeles media companies. With Growthink, Lee has continued his deep involvement with film, digital media, content delivery protocols, gaming technologies and sports initiatives.
A former partner in two leading Los Angeles media law firms, Lee holds a J.D. from the UCLA School of Law where he also served as Chief Comment Editor of the UCLA Law Review, and earned his B.A. in History from UCLA. He is a current member of the California State Bar, and the Hollywood Writers Guild.
Last night at dinner, as my kids were saying "I want this" and "I want that," I said something that you should never tell your kids.
What did I say?
I said, "you know, money doesn't grow on trees."
Why is this so bad?
Well the goal of my saying this was to try to show them the value of money. And that we have to work to make money to spend on the things we want.
The bad part of this saying is that it paints the wrong picture. It paints the picture that we can't always get what we want. Which is the polar opposite of the attitude I want my kids, and all of the entrepreneurs reading this today, to adapt.
What entrepreneurs MUST be thinking is YES, I CAN get whatever I want. Yes, it won't just come to me, but with hard work and ingenuity, I can and I will get what I want.
Fortunately, right after I said that to my kids, I caught myself.
This was partly due to the interview I recently conducted with Ken Lodi about The Bamboo Principle.
Here's the link to that interview in case you missed it the other day:
In the interview, Ken explained that timber bamboo shoots grow very little for four years while their extensive root system is growing and taking hold. But once the roots are firmly in place, the bamboo can grow a shocking 80 feet in just six weeks.
So, I immediately realized that money does in fact grow on trees. The key is to work on the tree's roots. To build such a strong foundation that generating money becomes easy.
Every great company has a strong foundation. They create a brand name, sales systems, delivery systems, etc. And then, they can generate cash and profits each and every day.
So, focus on building an extremely strong foundation. Think through your business model. Learn the best practices for each of the key business disciplines - marketing, HR, finance, sales, etc.
And never let anyone tell you that "money doesn't grow on trees" or that you can't have everything you want. Because money does grow on firmly-rooted trees and you CAN achieve and get everything you want out of life if you resolve to do so.
As you might expect, explaining to my kids (ages 9 and 7) that money can in fact grow on trees wasn't so easy.
Maybe I should have just had them listen to The Bamboo Principle interview.
This is pretty amazing.
After being planted, timber bamboo plants are hardly noticeable above the ground for nearly four years. But once their roots are fully formed around the four-year mark, they can grow a remarkable 80 feet in just six weeks.
The key to their amazing growth is their extremely solid foundation. To learn about how emerging companies can create a solid foundation for their businesses, the other day, I interviewed Ken Lodi, creator of The Bamboo Principle.
What Ken explained to me is that the solid foundation of a company is rooted around its employees. But, importantly, Ken explained that a company's greatest resource is NOT its employees.
Rather, the greatest resource is the TALENT of its employees.
The fact is this - most companies have some great employees that are underutilized. Conversely, great entrepreneurs and business owners are able to figure out what their employees like to do. Interestingly, what they like to do is oftentimes what employees are best at, and what they will achieve the best results at.
Ken equated this to sports. Players on your team, he explained, don't necessarily have to be great at everything. For example, on a football team, the quarterback doesn't need to be a great punter. And the punter doesn't need to be a great quarterback. The problem arises when your quarterback is spending his days punting. The business owner must figure this out and make the requisite changes.
The best way to figure this out is to mentor and coach your employees. You need to figure out what their values and goals are, and modify their roles as needed to leverage them. When meeting with employees ask open ended questions (not just "yes" and "no" questions). For example, ask "if you could spend the majority of your work day doing just one thing, what would it be?"
Employees too must figure out what they value and enjoy and make sure their job roles are in line with this. This is the key to improving employee productivity, satisfaction and performance. It's called "making a vacation out of your vocation."
Both employees and entrepreneurs/business owners should develop a fresh assessment of themselves. What do you/they like to do most in their jobs? What makes you/they say "cool?" And, ask yourself, "if money wasn't an issue and you could do one thing with your work life, what would it be?"
Success requires a solid foundation. Six minute abs don't work. Nothing is fast and easy. You need to work hard to build a solid foundation from which you can build success. And this foundation is your employees. And making sure you are leveraging your employees to their best potential.
So make sure you quarterback is not playing defense. Talk to your employees. Find out what they value and enjoy doing. And create a workplace that supports their values, leverages their talents, and achieves massive and successful growth - just like the timber bamboo.
Growthink University members can listen to my interview with Ken Lodi here. Not a member? Then simply test drive Growthink University for 30 days here.
As is well-reported, childhood obesity in America is an epidemic. According to multiple studies by the U.S. Centers for Disease Control and Prevention, by the American Diabetes Association, and by the American Academy of Child Psychiatry, close to 33% of American children are now classified as clinically obese.
In addition to the massive additional burden to the U.S. healthcare system this will cause, childhood obesity is a moral crisis. Quite simply, we are letting down the next generation of Americans. And we can and will do better.
And like almost all of the great problems and challenges of the 21st century, the solutions to it will be found not by government nor even by well-meaning non-profits, but by savvy and hard-working entrepreneurs.
An Entrepreneurial Team We Love
Dr. Sears Family Essentials - a children's natural foods company inspired and branded by the author of one of the best-selling child-rearing books of all time (The Baby Book) - is a classic "doing good while doing well" business model and opportunity.
They provide children a foundation of lifelong health via offering exceptional and exceptionally well-marketed functional food and beverages, and supplements.
And guess what? As the company helps more and more kids eat better, it will grow its revenues and profits very, very fast.
This, folks, is the classic entrepreneurial win - win.
Meet the CEO
I am very excited to share with you the opportunity to meet the CEO of Dr. Sears - Mr. Tom Hicks.
Tom is uniquely credentialed to both lead Dr. Sears and to advise on the factors that separate the successful consumer products company from the unsuccessful.
Why? Because he has done it before.
Before Dr. Sears, Tom was President of Naked Juice and led their growth from $80 million to $200 million in revenues and a sale to PepsiCo in 2007 for 30 times earnings.
And he was Co-Founder and President of Fantasia Fresh Juice - leading them from startup to $15 million in sales in 3 years. And he is a former sales and marketing executive at both Frito-Lay and Proctor & Gamble.
Quite simply, Tom gets what works and what doesn't work when it comes to launching and growing consumer products brands.
And we're VERY excited to have him share his wisdom with us regarding:
- When and When NOT to place your product in the "Big Boxes" - Wal-Mart, Costco, Target
- How to utilize the power of the Internet to quickly and cheaply conduct high-quality consumer research
- How to and how NOT to utilize social networking strategies to build brand and product awareness
- And perhaps most excitingly, Tom will share his "pyramid to brand growth" - the interplay between brand-building, community-building, retail partnerships, and innovation
Best regards, and look forward to your attendance and feedback.
Jay Turo
Growthink, Inc
Follow me on Twitter
Join my network on LinkedIn
P.S. I know too many otherwise intelligent businessmen and women who have been listening to all of the negative drivel that passes as business news out there.
Invest time out in your day to learn from someone who is doing something about a big problem facing our country and not just talking about it.
Medtronic. Cardinal Health. Guidant. Becton, Dickinson. St. Jude Medical. Hospira. Fresenius. Varian Medical.
All of these medical device manufacturers had greater than ONE BILLION DOLLARS in sales last year.
Sector Funding Activity Remains Strong
While overall venture investment is down substantially, funding in the medical device sector remains strong.
For the fourth quarter of 2009, venture capital investments into medical device companies increased 13 percent in dollars and 18 percent in deals (quarter over quarter), with over $719 million in fresh capital invested into 87 deals.
Amazingly, investments in biotechnology and medical device companies accounted for 34 percent of all venture capital dollars invested in 2009.
Merger and Acquisition Activity Also Vibrant
Are there exits happening in the sector - even in this tough economy? You bet your life there is.
Sector merger and acquisition activity leaped by 154% in the third quarter of 2009 to $5.6 billion, and the trend-line for 2010 is strong.
Some sample 2009 deals:
* Danahers acquiring Analytical Technologies for $650 million
* Thermo Fisher acquiring B.R.A.H.M.S. for $470 million
* Abbott Laboratories acquiring Evalve for $410 million
* Nipro Corp acquiring Home Diagnostics for $190 million
* Quidel Corp. acquiring Diagnostic HYBRIDS for $130 million
Who Will Be Next?
To begin, typically when I interview an expert, I only provide access to the recording and transcript to Growthink University members.
However, to thank you for your continued readership of this blog, and to ensure that you learn these key business-building lessons, I'm making this interview available to you.
Click here to listen to the interview and/or download the transcript.
The interview to which I am referring is the one I recently conducted with Louis Crosier. Among other impressive accomplishments, Louis is the author of "Selling Your Business: The Transition from Entrepreneur to Investor."
Specifically, Louis is an expert on helping entrepreneurs realize their financial dreams by selling their businesses and investing their proceeds wisely.
During the interview, Louis made numerous key points regarding things you need to be doing while you are starting, growing, and selling your business, and then what you need to do post-sale.
While you can listen to the interview yourself here, two of my favorite points were as follows:
-1- Your choice of corporate structure (e.g., LLC vs. C-Corp) can potentially save you millions of dollars later on when your company is sold. Fortunately, you can, for the most part, change your corporate structure down the road. But over time, your options become fewer and fewer.
-2- You need to find your weaknesses before it's too late. Specifically, Louis explained that when trying to maximize the price at which your business sells, you need to really think through where the vulnerabilities of your business are.
For example, is your business dependent on a small number of key customers? Are there key employees? What kind of barriers to entry and intellectual property are associated with your business? In other words, where is your business vulnerable to either competitors or major disruptions? You need to identify these vulnerabilities well in advance of a sale, and shore those things up.
Other key questions that Louis answered for me included:
- When deciding to sell your company, who should be on your professional advisory team and when should you start building that team?
- What are the main types of deal structures when selling your business, such as selling for all cash or for all stock? How common are each? Which are the most favorable to the entrepreneur?
- Once you sell your company, how should you re-invest your earnings and what should you be aware of?
- What do entrepreneurs need to know about now, when hoping to sell their businesses in the future?
Once again, you can click here to listen to the interview and/or download the transcript.
Imagine you had been driving to and from work the same way every day for the past 4 years. And let's say that the drive each way typically took 30 minutes. And then one day, a friend told you about a shortcut that would save you 10 minutes each way. So, that's 20 minutes a day in time savings.
At 250 work days each year, that's 83 hours per year. Or 332 hours over 4 years.
I bet you wouldn't be too happy about having wasted 332 hours...
Or would you?
Because you would subsequently save 83 hours this year, and 83 hours next year, and so on and so on. That's pretty cool. The point is this - accomplishing more in less time IS possible. That is, if you know the shortcuts. Importantly, shortcuts shouldn't be quick ways to do things that result in poor quality. Rather, shortcuts allow you to do things more efficiently.
Let me give you an example.
Each of us has peak performance times. That is, times of the day when we have more energy and thus perform better. For many people, that time is early in the morning. Maybe we perform 15% better at those times than average. Likewise, each of us has poor performance times. Like the hour after coming back from lunch. And at these times, we may perform 15% worse than average.
Now, you may recall from my recent blog post how important it is to create a To Do list each day, and to detail the specific time intervals during which you'll accomplish each key task (if not, you can read that here).
So now, imagine you have a really important one-hour project that requires your complete concentration. Well, doing that project during a normal performance time might take you 60 minutes. During a peak performance time it may only take you 50 minutes (and the quality will probably be higher). But during a poor performance time, it may take you 70 minutes.
So, in this example, performing the important task at a peak performance time would save you 20 minutes.
But what about the work you need to do during your poor performance time? Won't that take you 20 minutes longer and even things out? Not if you complete less important and less intensive work during that period.
So the action item I want you to take each day starting today is this:
1. Write down your daily To Do list
2. Schedule your entire day with the time intervals in which you'll complete each To Do item.
3. Adjust the order of the items to ensure that you complete the highest priority and most important tasks during the time periods when you feel you work at your peak.
I trust that this "shortcut" will start boosting your productivity right away.
Last month I reached my boiling point.
My son Max was driving me absolutely crazy. And something had to be done about it.
What was happening?
Well, a couple of months ago, he started taking forever to get anything done. For example, if you told him to brush his teeth, it would take him 20 minutes. He just didn't have any focus. He would walk upstairs. Then get sidetracked by something on the way to the bathroom. Ten minutes later he still wouldn't have started brushing.
And then the real problem started last month. That's when his fourth grade teacher started cranking up the homework. Homework that should have been completed in 30 or 40 minutes was taking over 2 hours. And my son wasn't getting to sleep until 10PM or so. And I was getting overly frustrated.
Fortunately, at the same time as Max was having these issues, I was knee-deep in developing my productivity course for entrepreneurs and business owners.
And in my research on advanced productivity tactics, I came across Parkinson's Law. Parkinson's Law states that work will always fill the time allotted for its completion. So, if Max was given 2 hours to complete his homework, it would take him 2 hours.
The good news is that by creating a timed To Do list, we can all overcome Parkinson's Law. One example is this essay you are reading now. Formerly, my average essay took me one hour to write. For this one, I gave myself a strict 30-minute deadline. And unless this essay ends abruptly for you, you can assume that I succeeded in finishing it within that time.
So, how did I get Max to overcome Parkinson's Law? Well, I resolved that I was going to get him to use the same business productivity techniques that I was preparing for my course.
So, the first night, I told him that we were going to solve this problem. I sat down with him and we jointly identified the 5 or so tasks he had to accomplish. We determined a fair time period for him to complete each task. And we put a check box next to each task for him to mark as completed (note that checking a box after you complete a task gives you great satisfaction and energy with which to complete your next tasks).
What was most astounding for me was what I saw the next day when I came home for dinner. I got home at 6:35 to find my son reading. Next to him was a timed To Do list that he had completely created on his own. He had already checked off half of his tasks and had just started his 20 minute reading block (see picture above of Max's To Do List).
Max's productivity literally doubled overnight. He completed his homework in half the time as usual, and did a better job of it. He went to sleep an hour earlier. And I got to spend more quality time with my wife.
Let me wrap up here, since I only have 8 minutes left in my 30 minute writing block. The key points are these:
1) You absolutely must have a list of the things you need to accomplish everyday, or key things won't get done.
2) You need to set time parameters for each task. Doing so will allow you to overcome Parkinson's Law and complete your tasks much faster. Having time parameters will also ensure that some tasks don't go over your time budget and force you to forego completing other key tasks.
3) Implementing this for my son was extremely easy and we realized immediate results. Implementing this in your business can also be easy, and you too will realize immediate benefits.
4) Creating timed To Do lists will not only improve your productivity, but the productivity of your team. In my office, everyone now has timed To Do lists, and collectively we are producing more than double than what we were accomplishing a few short months ago.
If you're like me, there's one thing you probably take for granted.
Interestingly, this one thing is something you can't live without. At least not for long.
But fortunately, there are some cutting-edge entrepreneurs working wonders on solving the challenges of this one thing.
What is it?
All around the world water shortages long ago crossed the crisis threshold.
In California. Arizona. New Mexico. Georgia and Florida. The Middle East. China.
Too many years of antiquated public policy, population and economic growth, climate change, and unsustainable agriculture have strained water resources in all of these places to and beyond the breaking point.
The American Entrepreneur to the Rescue
The greater the adversity, the greater the opportunity. And in the dynamic technology landscape of "new water," American entrepreneurs are leading the way.
A select cadre of under-the-radar water startups are developing game-changing technologies to develop, purify, store, convey, and conserve water.
Who Are They?
I would like to invite you to an exclusive opportunity to learn who these startups are and what their technologies do - distributed desalination, reverse osmosis membranes, nanoscale materials and nanoceramics, among others.
And as importantly, we will share who stands to profit from the $6 billion still slated from the federal stimulus package last year for water infrastructure investments.
Best regards, and look forward to connecting.
Jay Turo
Growthink, Inc
P.S. To survive in the new economic world order, it is imperative to focus on businesses that have strong, blended public and private sector revenue models.
You can search the whole world round and not find a sector that better fits this description than water.
*** UPDATED Wednesday, January 27th at 2:01pm EST ***
The "Ultimate Internet Marketing System" is Now Available.
Click Here to Get All the Details
*** UPDATED Monday, January 25th at 5:27pm EST ***
Be sure to check out the "Special Announcement" at the bottom of the this blog entry. If you've already read the original version of this blog entry, you can click here to go straight to the special announcement.
-- Dave
Over the past several weeks, I have been putting the finishing touches on my new Internet Marketing training program.
And I'm finally ready to reveal what's included...
But first I want to share with you the story of why I decided to create this training program (including what subjects to cover, what format to present it in, etc.).
Why Did I Create It?
Well, this answer is simple... Because YOU asked for it!
Remember that survey I ran several weeks ago, when I asked my subscribers for their #1 question about internet marketing?
Well, when I ran that survey, I ALSO asked whether you would be interested in a training program to improve your internet marketing skills. I knew that entrepreneurs needed assistance with internet marketing, but I didn't know whether you'd want to invest in this type of training.
Well, to my pleasant surprise, the answer was overwhelmingly "YES"!
As you can see from the responses above, nearly 80% said they'd be interested in a training program to improve their internet marketing skills.
What Does It Cover?
When I ran that survey, I learned that my subscribers didn't want to just know the basics about internet marketing. You wanted a truly comprehensive training program, and so that's what I've created.
Many of the questions I received were very specific, spanning nearly every aspect of marketing, including:
- Search Engine Optimization (SEO)
- Pay Per Click (PPC) advertising
- Email Marketing
- Social Media (Twitter, Facebook, etc)
And I'm glad to announce that my new training program will cover ALL of these important areas. My "Ultimate Internet Marketing System" focuses on EVERY critical tactical component of a profitable internet marketing campaign.
BUT... There is NO "Magic Bullet"
This is a VERY important point.
If you're struggling to market your business online, please know this:
Your lack of success is NOT because you haven't found the next new "magic bullet" or "secret" tactic.
That's why this training program doesn't just cover tactics.
If there's one BIG thing I've learned about internet marketing over the past 10 years, it's that all the tactics in the world won't get you a Return on Investment (ROI) without a proper STRATEGY.
So, my new training program goes beyond tactics to show you step-by-step exactly how to put together a profitable internet marketing strategy, including:
- How to avoid getting overwhelmed by all of your options
- How to identify "hidden" profit centers
- How to prioritize your best opportunities for maximum ROI
I walk you through all of this, and more, in the training program.
Who Is This For?
My "Ultimate Internet Marketing System" training program is designed BOTH for entrepreneurs who are just getting started AND for business owners who are already marketing online, but are looking to improve their ROI.
As you can see from the responses above, roughly 60% of my subscribers are actively marketing online, and 40% are just getting started. I designed this course to meet the needs of both audiences.
When it comes to internet marketing, another big issue is budget.
And, as you can see from the responses above, most of my subscribers have small online marketing budgets. However, there were definitely a fair amount of business owners who were already spending several thousands of dollars online.
I designed this training program BOTH for business owners with significant online marketing budgets, and for entrepreneurs on limited budgets.
In other words, this training program is for YOU, no matter your experience level or budget. That's because the "Ultimate Internet Marketing System" teaches you the fundamentals as well as intermediate and advanced strategies and the latest cutting-edge tactics.
What's the Format?
When I ran this survey, I was a little surprised by what format my subscribers wanted the course in. We've always been delivering our training products in "digital" format, because we assumed that you preferred the convenience of instant access.
However, as you can see based on the survey responses above, the majority of you were interested in a physical DVD Home Study Course.
And so, of course, that's exactly what we've created. The "Ultimate Internet Marketing System" will be offered on multiple DVDs with 14 separate modules, covering every critical aspect of internet marketing.
How Can You Get Access?
Just so you know, this is our FIRST time ever creating a physical training product. We're pleasantly surprised that so many people wanted the DVD version -- and we're very excited to be creating the DVD course.
Because this is the VERY first time we've ever created a physical training product, we're producing a fairly small number (only 200 copies).
On the one hand, there seems to be a lot of demand among my subscribers, so I wouldn't be too surprised if all 200 copies sold out.
However, since we've never done this before, I don't want to risk getting stuck with a lot of extra inventory lying around.
Assuming everything goes smoothly with our product creation and fulfillment process, we're planning to start offering copies for sale this Wednesday, January 27th at 2pm EST.
Click Here for Access
If you've been reading my blog entries for some time, you know that I'm a big believer in TAKING ACTION. I believe taking action is the single most important trait of successful entrepreneurs.
And so I always like to reward Action-Takers, so, here's what I'm going to do...
I'm working with our team to organize some EXTRA consulting and coaching resources to help make your internet marketing even more profitable, and to make sure that you get off to the right start in 2010.
Fast-Mover Bonus #1 (First 10 Buyers Only)
"FREE 1-on-1 Website Audit & Strategy Consultation"
My team of expert internet marketing consultants will use our proprietary 73-point Internet Marketing Checklist to perform an in-depth audit of your website and entire internet marketing strategy.
This expert audit and strategy consultation will give you a better understanding of your current strengths, weakness, areas for improvement, and most profitable opportunities.
And you'll come away with dozens of strategic and tactical recommendations to improve the profitability of your internet marketing.
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Assurant Inc
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Singer Kelly Price has always struggled despite her enormous vocal talent because of her weight. Even after losing over 100 pounds some years ago, her success has been limited by perceptions about her size. Now the reigning diva on "R&B Divas L.A.," Price wants to use her newfound reality TV platform to help other overweight-by-Hollywood standards talent get discovered. She is now casting for a new reality series "Too Fat for Fame."
"I'm really excited about it. I've always and to talk about my weight in this industry no matter what it always comes up," Price told The Tom Joyner Morning Show. "Too Fat for Fame" is a reality platform that's going to be giving plus-size people an opportunity through various challenges to make their way to their own platform. "There are a lot of singers and dancers, actors and actresses, models and television personalities all around who can't get a yes because they're plus-sized. So the first prerequisite of the show is that you've got to be plus sized but you've got to be really talented, too."
Price is not just looking for singers. She is interesting in seeing anyone who is overweight and looking to showcase their talents. Her aim with this show is to find people whose talent transcends the notion that being plus-sized means a Hollywood career is out of reach, and she's looking to cast men or women who fit the bill.
"I guess anything that the industry would consider too big, which is almost everybody if you're not like spaghetti-thin. In my eyes, I kind of know what they look at and say is acceptable and what's not acceptable.
These are people who are extremely talented and cannot get a foot in the door or get a yes because of their weight."
As for her role on "R&B Divas L.A." which is already as successful as it's original Atlanta version, Price diplomatically says there's no one diva that overshadows the others (Sybil disagrees, outing Chante Moore as the show's top diva so far.) When asked if she would vote anyone off the diva island, Price says not yet.
"I don't think we get to vote. If we could, there might not be anybody left on the show. Truthfully, we all are [divas]. It's getting interesting and we all get to watch it roll out. I watched with my jaw on the floor last night."
For "Too Fat for Fame" casting info, click here.
To watch full episodes of "R&B Divas: L.A." click here.
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
1. Little Legend and Puddy 😍😍😍😍Source:Instagram 1 of 30
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormalSource:Instagram 2 of 30
3. Vegan! The Impossible burger at CrossroadsSource:Instagram 3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutritionSource:Instagram 4 of 30
5. Jus haaaanngin outSource:Instagram 5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳Source:Instagram 6 of 30
7. No limits... Photo cred: Chris Bridges @ludacrisSource:Instagram 7 of 30
8. new newSource:Instagram 8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWithSource:Instagram 9 of 30
10. hey ma! 🎎#wcw 💙Source:Instagram 10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USASource:Instagram 11 of 30
12. 😍❤Source:Instagram 12 of 30
13. Peachy Keen 🔥✨⚡Source:Instagram 13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFlySource:Instagram 14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!Source:Instagram 15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -Source:Instagram 16 of 30
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?Source:Instagram 18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤Source:Instagram 19 of 30
20. #BrotherlyLove #tbtSource:Instagram 20 of 30
21. MoreSource:Instagram 21 of 30
22. #basel #TeamLOVE @kingcombsSource:Instagram 22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfridaySource:Instagram 23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeonSource:Instagram 24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriendSource:Instagram 25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!Source:Instagram 26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍Source:Instagram 27 of 30
28. This pic warms my heart ❤ #myLogiebeans and aunt aunt umba @itowandabraxton 😘Source:Instagram 28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18Source:Instagram 29 of 30
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7 thoughts on "Too Fat For Fame? Kelly Price Says She's Looking for You"
Yes I'm a bit over weight but has been in a few local plays like jamaican plays/comedy nd feel since I was born a big baby been trying to lose this nd feel like I really dnt belong so I just shut down
Overweight is not attractive.
Saw her at a tea about 2 years ago. She was about 100 lbs lighter. Overweight is not good and we need to quit glorifying it.
Yeah, I remember when Monique had all these fat women on her show. She was so good at making these women that "fluffy" was beautiful, she convinced them to get naked on tv. I wonder what they think about that decision now that Monique has decided that fat ain't really that beautiful after all, but she used their fat asses to line her pockets. Sheeple. Fat is not fabulous.
…or maybe she (and others) are not as "talented" as they think they are. Aretha Franklin is fat. Adele is fat. The Fat Boys were fat. Luther Vandross, Chubby Checker and Heavy D were fat!!!
No, I don't think that it should matter what size you are if you have talent. But the bigger issue is the rising obesity epidemic in our society and especially in the African-American community. We should not accept that it is "okay" to be overweight. It isn't! Too many of us are suffering from chronic illnesses that are directly associated with obesity. Diabetes and cancer should not be taken lightly and too many of us (men and women) are dying too young as a result. We should stop letting this society define us as a people. We are NOT the only criminal-minded, under-educated, hyper-sexed, immoral, overweight humans on this earth. These factors are represented within all human ethnic groups. And being one of groups represented by a lower percentage of the overall population…realistically, African-Americans are the least to fall into these categories. The media and our societal systems would have the rest of the world believe that these are the things that define us. Unfortunately, we start believing these things about ourselves. We have to work to become more balanced (mind, body, spirit and emotions). When we don't seek balance we become targets for all of the negativity that society wants to place on us. When we don't feed our minds, we resort to our primal nature. We have to focus on ourselves as individuals, then as families, and finally as communities. We are being denied credit for too many things that we positively contribute to this society. We are natural artists and have wonderful abilities. We fight and survive systemic oppression on a daily basis. But we are not developing productive coping mechanisms. We are too quick to accept the self-fulfilling prophecy. Starting with our bodies, we need to substitute exercise for eating! We need to learn to eat right and not just EAT. We need to substitute self-love for self-destruction! I love all of my big-boned, beautiful sisters, but I'd much prefer that they just be BEAUTIFUL! I say these things out of LOVE! It is out of love for my African-American people and out of a love that I am developing for ALL people. These are things that I have learned after much struggle in my own life! I embrace wholeness and healing. This is the level of understanding that will give my talented brothers and sisters the credit that they deserve when they pursue their passions. At some point, we won't need this society's approval to be who we are!
I think this is great. She should include Queen Latifah and Toccara Jones. I wish Kelly the best with this. Plus size people are overlookedand cast to the side in this industry. If you have talent, it shouldn't matter.


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How Do I Get A Box Cake To Taste Like A Scratch?
Decorating By Stacy B Updated 17 Jul 2013 , 5:01pm by justdesserts
AIs there anything that can be added to box cake mixes to make them taste better?
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The Bachelorette
847 The Bachelorette Articles
Luke Pell Admits He's Writing Songs About JoJo Fletcher For New Album1 month ago 2
How do you get over a heartbreak? Well, write about it! That seems to be Luke Pell's method after being blindsided by JoJo Fletcher eliminating him… Read Article ▶
Image Courtesy of ABC
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Taylor Swift, if you're reading this, ABC is interested in offering you their final rose -- and 26 hopeful men. In a new interview, host of 'The… Read Article ▶
Luke Pell Slams Nick Viall After Losing 'Bachelor' Gig: Maybe He'll Get A 'Fifth Season'3 months ago 5
Jealous, much? Luke Pell is SLAMMING Nick Viall after losing the 'Bachelor' gig to him, joking that he may need a 'fifth season' to find love… Read Article ▶
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JoJo Fletcher 'Has Major Issues' With Jordan Rodgers After Ex's Cheating Allegations3 months ago 3
Poor JoJo Fletcher! The former Bachelorette may have found her Prince Charming in Jordan Rodgers, but no sooner had they rode off into the sunset… Read Article ▶
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Jordan Rodgers is sick and tired of all the rumors about him being a cheater, and he's doing everything he can to prove to JoJo Fletcher that she can… Read Article ▶
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Norman Morrice, who has died at home in London aged 76, was a man of vision who changed the face of British dance. He was a dancer, choreographer, artistic director, including for the Royal Ballet from 1977 to 1986, and above all a nurturer of choreographers, dancers, composers and designers. He was the architect of Ballet Rambert's revitalisation in 1966, transforming it into a company that reflected a more contemporary approach to dance movement and subject matter, design and music.
Born in Agua Dulce, Mexico, the second child of a British oil engineer, Morrice enjoyed performances by the Sadler's Wells Ballet while he was growing up in Scotland, but otherwise there was nothing in his background to suggest a career in dance. Indeed, he studied for a degree in geophysics at Nottingham University and worked for Anglo-Iranian Oil before acknowledging that he wanted to become a dancer. He trained at the Ballet Rambert School from 1952 and was used as an apprentice dancer in the company before joining its ranks the following year. As a dancer he was versatile, undertaking character roles such as Hilarion in Giselle and the eccentric Dr Coppelius, as well as romantic leads including the Poet in Balanchine's Night Shadow and James in La Sylphide.
Morrice's ballets were well-structured and most were on subjects about which he was passionate. His choreography was always concerned with humanity. Initially he presented dramatic narratives using actor-dancers, Gillian Martlew and John Chesworth, but his work evolved to became more universal. In the Rambert canon he provides the link between Antony Tudor and Walter Gore and the later Christopher Bruce. However, as none of his work has been performed in Britain since 1980, his importance is often overlooked.
Morrice's first independent choreography, Two Brothers (1958), was made to fill a gap in Ballet Rambert's programme after he had been sketching choreographic ideas on friends. It was a powerful narrative of sibling rivalry and violence in an urban setting.
Like his contemporaries, the choreographers Peter Darrell and Kenneth MacMillan, Morrice was a part of the 1950s "angry young man" theatre movement placing on stage recognisable contemporary human situations. Two Brothers was designed by Ralph Koltai, the first of many designers who became well known in ballet through their links with Morrice. Koltai's use of constructed sets rather than those made of painted canvas heralded a new development in design for dance.
Two Brothers was an instant success. It was televised, bringing Morrice to the attention of a wide audience in Britain and was admired at Jacob's Pillow, America's longest running dance festival, in Massachusetts. It contributed to his being awarded a grant from the Institute of International Education's cultural exchange programme, funded by the Ford Foundation, to investigate the transatlantic dance scene. For five months in 1961-62 he was able to see new choreography in New York, where he admired the work of Martha Graham and Balanchine. He also had the opportunity to take classes and study with choreographers including Tudor. On his return he was appointed Ballet Rambert's resident choreographer.
Morrice was fascinated by myths and legends, which frequently initiated his choreography, including his masterwork, That Is the Show (1971). Films were also a stimulus and early choreographic ideas were inspired by James Dean's body language. East of Eden was an influence on Two Brothers, and Vivien Leigh's role in Ship of Fools initiated his TV creation, Solo (1971). Morrice was also fascinated by the creative process; the theme of making a ballet permeated a number of works, most notably Conflicts (1962). This was followed by a triptych of ballets which examined the collaborative process with composer Leonard Salzedo, designer Nadine Baylis and choreographer Morrice each taking the lead in creating successive works.
Morrice began to choreograph at a difficult time as Ballet Rambert was touring extensively and the repertoire increasingly dominated by multi-act 19th-century ballets. By the mid-1960s it was evident that the company had to rethink its future. It was Morrice who encouraged Marie Rambert to return to the company's creative roots and become a "choreographers' company" with a group of 18 soloist-standard dancers committed to creating new works. Given the success of American modern dance companies in London in the 1960s it was inevitable that the new dance technique would be employed. Since 1966 Rambert's dancers have trained in both modern dance and classical ballet techniques. Morrice was appointed associate artistic director to oversee the changes, won support from the Arts Council, theatre managers and audiences, and built up a new repertoire using American choreographers, Glen Tetley and Anna Sokolow, and aspiring choreographers from within the ranks of dancers. He also kept Marie in touch with the work of her company, although she stepped back from day-to-day involvement. In 1973 he received the Queen Elizabeth II Coronation medal for services to ballet.
As a choreographer, Morrice was active for two decades from 1958; he created his last original work, Smiling Immortal in 1977. In addition to Ballet Rambert he choreographed for the Royal Ballet Touring Company, Batsheva Dance Company (Israel), Tanz Forum Cologne, Contemporary Dance Company (Winnipeg), Australian Dance Theatre and Australian Ballet.
Having retired from Rambert in 1974, Morrice was persuaded, particularly by Marie, to take up the offer to become artistic director of the Royal Ballet in 1977. This was a controversial appointment; he was the first director from outside the company. Nevertheless his achievement was to develop a new generation of dancers and give real opportunities to emerging choreographic talent, including Ashley Page and Michael Corder. After stepping down as artistic director in 1986 to be succeeded by Anthony Dowell, he became director of choreographic studies at the Royal Ballet School, enabling him to continue developing and supporting young choreographers. Many of the internationally recognised choreographers working today - William Tuckett, Christopher Wheeldon, Christopher Hampson, Cathy Marston, David Dawson-- benefited from his guidance at the start of their careers.
Morrice is remembered by his friends for his sincerity, patience, friendliness as a director, and for his wide cultural interests. He was quietly sociable with a great sense of humour. He never married and is survived by his sister.
· Norman Morrice, choreographer and ballet director, born September 10 1931; died January 11 2008


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News About Cavaloce
Royal Rapture Tops 2016 Balaklava Cup Field & Weights
Royal Rapture is the highest-rated and weighted of the milers accepted for the Balaklava Cup 2016 field in South Australia this Wednesday.
An early highlight of the Adelaide Spring Racing Carnival, this season's $100,000 Listed The Advertiser Newspapers Balaklava ...
2016 Penny Edition Stakes Betting Odds & Tips
The racing action in Adelaide is on in earnest this Saturday at Morphettville Parks with the running of the Penny Edition Stakes 2016, betting tips and odds for the weight-for-age Black-Type found below.
Headlining the card in ...
Beirut Bows Out the Spring Stakes 2016 Winner
A trip to Adelaide proved a winning move for the Henry Dwyer-trained mare Beirut who won her career swansong with a Morphettville victory in the 2016 Spring Stakes over the weekend.
The six-year-old daughter of ...
Dual Acceptors Head 2016 Spring Stakes Betting
Two runners that are dually accepted across two states for this weekend's racing sit top of the markets for Adelaide's Spring Stakes 2016 at Morphettville Racecourse.
Both the Henry ...
2016 Spring Stakes Field Features Beirut
Henry Dwyer's in-form mare from Melbourne Beirut could have her swansong start in Saturday's Spring Stakes 2016 field in Adelaide after being dually accepted across two states for the weekend's racing.
The six-year-old daughter of ...
Beirut Tops 2016 Aurie's Star Handicap Nominations
Henry Dwyer's in-form mare Beirut is the headline early entry for Saturday's Aurie's Star Handicap 2016 that kicks off Group racing in Melbourne at Flemington Racecourse for the new season.
Saved for this weekend's $150,000 ...
2015 Queen Of The South Field: Girl In Flight Draws Barrier 13
The highest-rated acceptor for Saturday's Queen Of The South 2015 field in Adelaide, the Robbie Griffiths-trained Girl In Flight has suffered an early blow with the outside barrier for the Morphettville feature.
One of eight races ...
2015 Queen Of The South Stakes Nominations Released
One of the key support races on the Morphettville race card for Robert Sangster Stakes Day this weekend, the Queen Of The South Stakes 2015 has attracted 16 early entries at nomination stage on Monday.


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United States District Court, Ninth Circuit
August 30, 2013
JOHN HELWIG, Plaintiff,v.CAROLYN W. COLVIN, [1] Acting Commissioner of Social Security, Defendant.
OSWALD PARADA, District Judge.
The Court[2] now rules as follows with respect to the disputed issues listed in the Joint Stipulation ("JS").[3]
As reflected in the Joint Stipulation, the disputed issues raised by Plaintiff as the grounds for reversal and/or remand are as follows:
(1) Whether the Administrative Law Judge ("ALJ") erred in finding that Plaintiff's impairments did not meet a listed impairment;
(2) Whether the ALJ properly evaluated Plaintiff's credibility;
(3) Whether the ALJ erred in rejecting the opinion of Plaintiff's treating physician; and
(4) Whether the evidence submitted to the Appeals Council would result in a different outcome.
(JS at 4.)
Under 42 U.S.C. § 405(g), this Court reviews the Commissioner's decision to determine whether the Commissioner's findings are supported by substantial evidence and whether the proper legal standards were applied. DeLorme v. Sullivan , 924 F.2d 841, 846 (9th Cir. 1991). Substantial evidence means "more than a mere scintilla" but less than a preponderance. Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Desrosiers v. Sec'y of Health & Human Servs. , 846 F.2d 573, 575-76 (9th Cir. 1988). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson , 402 U.S. at 401. The Court must review the record as a whole and consider adverse as well as supporting evidence. Green v. Heckler , 803 F.2d 528, 529-30 (9th Cir. 1986). Where evidence is susceptible of more than one rational interpretation, the Commissioner's decision must be upheld. Gallant v. Heckler , 753 F.2d 1450, 1452 (9th Cir. 1984).
A. The ALJ's Findings.
The ALJ found that Plaintiff has the severe impairment of a mood disorder with anxious and depressed features. (Administrative Record ("AR") at 22.) The ALJ found that Plaintiff had the residual functional capacity ("RFC") to perform "a full range of work at all exertional levels but with the following nonexertional limitations: work limited to only a moderate degree of stress; no intrusive supervision; no anxiety provoking activities; no high production quotas, and no stressful contact with the public such as handling complaints." (Id. at 24.)
Relying on the testimony of a vocational expert ("VE"), the ALJ concluded that, although Plaintiff could not perform his past relevant work, he was capable of performing jobs that exist in significant numbers in the national economy. (Id. at 29.)
B. The ALJ Properly Determined Plaintiff's Impairments Did Not Meet or Equal a Listed Impairment.
Plaintiff contends that the ALJ erred at step three of the sequential evaluation process in concluding that Plaintiff's mental impairment did not meet or equal Listing 12.04.C. (JS at 4-6, 7-8.) More specifically, Plaintiff argues that his mental impairment of depressive disorder meets Listing 12.04.C.3 because Plaintiff is living in Montclair Guest Home, which Plaintiff contends is a state licensed board and care facility for the mentally ill. (JS at 5.)
Listing 12.04.C provides in relevant part as follows:
12.04 Affective Disorders : Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome....
C. Medically documented history of a chronic affective disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:
3. Current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.
20 C.F.R. pt. 404, subpt. P, app. 1, § 12.04.C.
An ALJ must evaluate the relevant evidence to determine whether a claimant's impairment or impairments meet or equal one of the specified impairments set forth in the Listings. Lewis v. Apfel , 236 F.3d 503, 512 (9th Cir. 2001). A "boilerplate finding is insufficient to support a conclusion that a claimant's impairment does not [meet or equal a Listing]." Id. at 512; see also, e.g., Marcia v. Sullivan , 900 F.2d 172, 176 (9th Cir. 1990) (noting that the ALJ's unexplicated finding at step three was reversible error). However, an ALJ is not required to "state why a claimant failed to satisfy every different section of the listing impairments." Gonzalez v. Sullivan , 914 F.2d 1197, 1201 (9th Cir. 1990).
Accordingly, a well-developed discussion of the factual basis of a claimant's impairments elsewhere in a hearing decision may, under certain circumstances, support an unexplained finding of no medical equivalence at step three. Id. at 1201 (finding an ALJ's four-page summary of the record an adequate basis for unexplained statement that the applicant's impairments did not meet or equal any listing). An ALJ's lack of formal analysis and findings at step three will not constitute reversible error when the ALJ "discussed and evaluated evidence supporting his conclusion" in a different section of his decision; and with respect to equivalency, a plaintiff "offered no theory, plausible or otherwise, as to how his [impairments] combined to equal a listed impairment." Lewis , 236 F.3d at 513-14.
Here, Plaintiff has failed to demonstrate that his mental impairment meets or equals Listing 12.04.C.3. First, Plaintiff has not demonstrated that he meets the temporal requirement of Listing 12.04.C.3. At the time of the administrative hearing on July 7, 2011, Plaintiff testified that he had been residing at Montclair Guest Home since December 2010, approximately seven months. (AR at 48.) As a result, it is unclear from the evidence whether Plaintiff lived at Montclair Guest Home for an entire year. In addition, Plaintiff has not provided sufficient evidence to demonstrate that Montclair Guest Home would qualify as a "highly supportive living arrangement" or that he has an "inability to function outside a highly supportive living arrangement, " as required by 12.04.C.3. Indeed, much of the evidence is to the contrary.[4] (Id. at 417-20.)
Accordingly, given the dearth of evidence regarding Plaintiff's residence at Montclair Guest Home, the ALJ did not err in determining that Plaintiff's mood disorder did not meet the requirements of Listing 12.04.C.3.
C. The ALJ Properly Evaluated Plaintiff's Credibility.
Plaintiff asserts that the ALJ failed to provide clear and convincing reasons for rejecting his subjective complaints. (JS at 15-19, 22.) Plaintiff testified at the administrative hearing that he experienced poor memory and concentration, difficulty understanding and following instructions, and social withdrawal. (AR at 48-57.) The ALJ found Plaintiff less than credible for the following reasons: (1) medication had largely been successful in controlling Plaintiff's symptoms; (2) Plaintiff made inconsistent statements at the administrative hearing; and (3) Plaintiff's complaints of disabling limitations were not supported by the objective evidence of record. (AR at 25-26.)
An ALJ's assessment of pain severity and claimant credibility is entitled to "great weight." Weetman v. Sullivan , 877 F.2d 20, 22 (9th Cir. 1989); Nyman v. Heckler , 779 F.2d 528, 531 (9th Cir. 1986). When, as here, an ALJ's disbelief of a claimant's testimony is a critical factor in a decision to deny benefits, the ALJ must make explicit credibility findings. Rashad v. Sullivan , 903 F.2d 1229, 1231 (9th Cir. 1990); Lewin v. Schweiker , 654 F.2d 631, 635 (9th Cir. 1981); see also Albalos v. Sullivan , 907 F.2d 871, 874 (9th Cir. 1990) (an implicit finding that claimant was not credible is insufficient).
Once a claimant has presented medical evidence of an underlying impairment which could reasonably be expected to cause the symptoms alleged, the ALJ may only discredit the claimant's testimony regarding subjective pain by providing specific, clear, and convincing reasons for doing so. Lingenfelter v. Astrue , 504 F.3d 1028, 1035-36 (9th Cir. 2007). An ALJ's credibility finding must be properly supported by the record and sufficiently specific to ensure a reviewing court that the ALJ did not arbitrarily reject a claimant's subjective testimony. Bunnell v. Sullivan , 947 F.2d 341, 345-47 (9th Cir. 1991).
Here, the ALJ provided clear and convincing reasons for discounting Plaintiff's subjective complaints.
First, the ALJ noted that the medical records demonstrated that Plaintiff's prescribed psychiatric medications - Lexapro, Lamictal, and Seroquel - had "been relatively effective in controlling [Plaintiff's] symptoms." (AR at 26.) The ALJ cited medical records in which Plaintiff reported an improvement in his depression and mood swings with the use of his psychiatric medications and abstinence from alcohol. (Id. (citing id. at 408, 409).) An ALJ may properly rely on the fact that medication is helpful to discount a claimant's credibility. Tidwell v. Apfel , 161 F.3d 599, 602 (9th Cir. 1998) (ALJ may properly rely upon weak objective support, lack of treatment, daily activities inconsistent with total disability, and helpful medication); see also Johnson v. Shalala , 60 F.3d 1428, 1432 (9th Cir. 1995) (ALJ may properly rely on the fact that only conservative treatment had been prescribed).
Second, the ALJ noted that Plaintiff provided inconsistent statements during the administrative hearing. (AR at 26.) When questioned by the ALJ why he could not work, Plaintiff initially testified that he had lost his job because his driver's license had been revoked for driving under the influence. Plaintiff further testified that he would still be working if he had not lost his license. (Id. at 51.) However, in response to follow up questions by his attorney, Plaintiff testified that, even if his license had not been revoked, he was unsure whether he would be able to perform his past work. (Id. at 55.) The ALJ may take into account inconsistencies in the claimant's testimony when evaluating a claimant's credibility. Thomas v. Barnhart , 278 F.3d 947, 958-59 (9th Cir. 2002).
Finally, the ALJ noted that the objective medical evidence in the record did not support Plaintiff's claims of disabling symptoms. (Id. at 26.) Although a lack of objective medical evidence may not be the sole reason for discounting a plaintiff's credibility, it is nonetheless a legitimate and relevant factor to be considered. Rollins v. Massanari , 261 F.3d 853, 857 (9th Cir. 2001). Thus, the lack of medical evidence in the record to support Plaintiff's claims, in addition to the ameliorative effect of Plaintiff's medications and his inconsistent hearing testimony, provided sufficient reasons to support the ALJ's adverse credibility determination.
D. The ALJ Properly Considered the Opinion of Plaintiff's Treating Physician.
Plaintiff contends that the ALJ erred by failing to accord controlling weight to the opinion of Plaintiff's treating psychiatrist, Dr. Wali. (JS at 8-11, 14-15.) In an August 22, 2011, Mental Impairment Questionnaire, Dr. Wali diagnosed Plaintiff with bipolar disorder, severe, without psychotic features. (AR at 413.) Dr. Wali opined that Plaintiff had moderate limitations in activities of daily living, and marked limitations in maintaining social functioning and maintaining concentration, persistence, or pace. (Id. at 415.) Dr. Wali also opined that Plaintiff would have three or more episodes of decompensation within a twelve month period, each of at least two weeks duration, and that Plaintiff's mental impairment would cause him to be absent from work more than four days per month. (Id. at 416.)
It is well established in the Ninth Circuit that a treating physician's opinion is entitled to special weight, because a treating physician is employed to cure and has a greater opportunity to know and observe the patient as an individual. McAllister v. Sullivan , 888 F.2d 599, 602 (9th Cir. 1989). "The treating physician's opinion is not, however, necessarily conclusive as to either a physical condition or the ultimate issue of disability." Magallanes v. Bowen , 881 F.2d 747, 751 (9th Cir.1989). The weight given a treating physician's opinion depends on whether it is supported by sufficient medical data and is consistent with other evidence in the record. 20 C.F.R. § § 404.1527(d), 416.927(d). Where the treating physician's opinion is uncontroverted by another doctor, it may be rejected only for "clear and convincing" reasons. Lester v. Chater , 81 F.3d 821, 830 (9th Cir. 1995); Baxter v. Sullivan , 923 F.2d 1391, 1396 (9th Cir. 1991). If the treating physician's opinion is controverted, it may be rejected only if the ALJ makes findings setting forth specific and legitimate reasons that are based on the substantial evidence of record. Thomas , 278 F.3d at 957; Magallanes , 881 F.2d at 751; Winans v. Bowen , 853 F.2d 643, 647 (9th Cir. 1987). The ALJ can "meet this burden by setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating his interpretation thereof, and making findings." Thomas , 278 F.3d at 957 (citation omitted) (quotation omitted).
Here, the ALJ gave several reasons for disregarding Dr. Wali's opinion, each of which is supported by substantial evidence in the record.
First, the ALJ noted that Plaintiff's treatment history with Dr. Wali was "quite sporadic and brief as she only sees [Plaintiff] for 30 minutes every 8 weeks." (AR at 27 (citing id. at 413).) The "nature and extent" of a treating physician's relationship with a claimant may properly be taken into account when determining the weight to give a treating physician's opinion. See Orn v. Astrue , 495 F.3d 625, 633 (9th Cir. 2007) (citing 20 C.F.R. § 404.1527(d)(2)(i)-(ii)).
Second, the ALJ gave less weight to Dr. Wali's opinion because it was not supported by her treatment notes, which the ALJ noted were cursory and general. (AR at 27.) The ALJ observed that Dr. Wali's treatment notes did not contain any objective findings to support her opinion that Plaintiff had extreme work-related limitations. (Id.) In declining to accord Dr. Wali's opinion controlling weight, the ALJ properly relied upon the fact that Dr. Wali had failed to provide supporting reasoning or clinical findings. See Molina v. Astrue , 674 F.3d 1104, 1111 (9th Cir. 2012) ("We have held that the ALJ may permissibly reject[]... check-off reports that [do] not contain any explanation of the bases of their conclusions.'") (quoting Crane v. Shalala , 76 F.3d 251, 253 (9th Cir. 1996)).
Third, the ALJ gave less weight to Dr. Wali's opinion because it was largely based upon Plaintiff's own subjective reports of symptoms and limitations, which the ALJ discounted as not being fully credible. (AR at 27.) As discussed in detail above, the ALJ properly determined that Plaintiff was not fully credible with respect to his symptoms and limitations. To the extent that Dr. Wali's conclusion that Plaintiff could not work due to severe mental functional limitations was based upon Plaintiff's own self-reports, the ALJ properly rejected Dr. Wali's opinion. "An ALJ may reject a treating physician's opinion if it is based to a large extent on a claimant's self-reports that have been properly discounted as incredible." Tommasetti v. Astrue , 533 F.3d 1035, 1041 (9th Cir. 2008).
E. The Additional Medical Evidence Before the Appeals Council Does Not Warrant Remand.
Plaintiff argues that this case should be remanded to allow the ALJ to consider the entire record, including the additional medical evidence regarding Plaintiff's February 2011 motorcycle accident. (JS at 23-24, 26.) Plaintiff contends that these records demonstrate that he suffered serious physical injuries that limit his ability to perform work activity. (JS at 23 (citing AR at 421-560, 561-816, 817, 993).) The Appeals Council considered this additional evidence and found it did not provide a basis for changing the ALJ's decision. (AR at 5-9.) Therefore, the Appeals Council denied review. (Id. at 1.)
If new and material evidence is submitted after the ALJ's decision, the Appeals Council shall consider such evidence "only where it relates to the period on or before the date of the [ALJ] hearing decision." See 20 C.F.R. § 404.970(b). The Appeals Council will overturn an ALJ's decision only when it determines, after a review of the entire record, including the new and material evidence, that the decision is contrary to the weight of the evidence. Id .; see also Macri v. Chater , 93 F.3d 540, 544 (9th Cir. 1996) (citing Bates v. Sullivan , 894 F.2d 1059, 1064 (9th Cir. 1990), overruled on other grounds by Bunnell v. Sullivan , 947 F.2d 341, 342 (9th Cir. 1991) (en banc)). Moreover, in the Ninth Circuit, where a claimant has submitted additional materials to the Appeals Council in requesting review of the ALJ's decision, the district court may consider the new evidence "because the Appeals Council addressed them in the context of denying [the claimant's] request for review." Harman v. Apfel , 211 F.3d 1172, 1180 (9th Cir. 2000) (citing Ramirez v. Shalala , 8 F.3d 1449 (9th Cir. 1993)).
Because the Appeals Council specifically addressed the additional evidence in denying Plaintiff's request for review, this Court may review the additional evidence.[5] See Harman , 211 F.3d at 1180; see also Ramirez , 8 F.3d at 1452. After reviewing the additional evidence, the Court agrees with the Appeals Council that the additional evidence is insufficient to warrant a remand. Although the additional medical records from Loma Linda University Medical Center document Plaintiff's injuries and hospitalization after his February 2011 motorcycle accident, these records fail to demonstrate any impairment which would prevent Plaintiff from performing work activity for a period of at least twelve months. Without an interpretation of how these medical records support a finding of disability, this additional information does not undermine the substantial evidence in support of the ALJ's RFC determination. See Robbins v. Soc. Sec. Admin. , 466 F.3d 880, 882 (9th Cir. 2006) ("[A] court must consider the entire record as a whole and may not affirm simply by isolating a specific quantum of supporting evidence.'") (quoting Hammock v. Bowen , 879 F.2d 498, 501 (9th Cir. 1989)).
Accordingly, the Court finds that the additional medical records provided to the Appeals Council do not warrant remand to the ALJ.
Based on the foregoing, IT THEREFORE IS ORDERED that judgment be entered affirming the decision of the Commissioner of Social Security and dismissing the action with prejudice.
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