text:
Skip to comments.The Big Picture: Poverty within white South Africa
Posted on 07/09/2010 7:30:47 PM PDT by LibWhacker
When stories are told about African poverty, race often seems to play a large part. Based in Senegal, Reuters photographer Finbarr O'Reilly (previously featured here for his work in DR Congo) traveled to South Africa earlier this year and visited one of a growing number of squatter camps populated mostly by Afrikaners - white South Africans - to document their stories and help show that, despite the fact that impoverished blacks in the region far outnumber whites, poverty is a human issue, not necessarily racial. O'Reilly: "While most white South Africans still enjoy lives of privilege and relative wealth, the number of poor whites has risen steadily over the past 15 years. Researchers now estimate some 450,000 whites, of a total white population of 4.5 million, live below the poverty line and 100,000 are struggling just to survive in places such Coronation Park, a former caravan camp currently home to more than 400 white squatters. Formerly comfortable Afrikaners recently forced to live on the fringes of society see themselves as victims of 'reverse-apartheid' that they say puts them at an even greater disadvantage than the millions of poor black South Africans." (27 photos total)
(Excerpt) Read more at boston.com ...
I don't know. These could just be the white trash of South Africa.
Obama or Oreily.
Same same
Not me, I been learning how to loot from TV.
Thats 10% in poverty after having developed SA from a deserted frontier into one of the richest countries.
How many whites have been murdered by black racists?
Not to worry. Give half a chance, black South Africans will bring to that country the same high level of prosperity and civility their black brothers have throughout all the rest of the Dark Continent.
I noticed there was money for cigarettes. If a person wants to smoke that's their business, but honestly I don't see how some can afford it.
Whites have only one obligation - to pay taxes.
"I dont know. These could just be the white trash of South Africa."
I recently spent about three hours sitting next to a South African guy in a restaurant. He was a professional person, not "white trash." He had not returned to South Africa in 8 years. He said it is now extremely dangerous for a white person to visit South Africa. After reflecting for a while, he finally mentioned that Durban might be ok, but Jo-Burg, definitely not. Cape Town, no, no, no.
Racism? Yes. But not whites against blacks, the reverse. And not with words only; with clubs, knives and guns.
As bad as South Africa is now, Zimbabwe is much, much worse for all the same reasons.
But But I thought all are equal??
I visited South Africa last year. I walked around the area my hotel was in in both Johanesberg and Cape Town and didn't have any problems. I went to the Mandela mall in Jo'berg and some other mall in Cape Town. We hired a guide to drive us around Jo'berg and so Mandela's house in Soweto. Soweto's not so bad. I grew up in Detroit, it is much much worse. So are a dozen other inner city ghettos in the USA like Newark, Trenton, Oakland flats, parts of LA, etc.
We had lunch in the Soweto mall. Everyone was nice, no rude comments or stares.
I was traveling for business, so stayed in first class hotels, and followed the advice of the desk men before venturing out. I was told in Jo'berg: be back by dark or take a taxi.
A close friend went for the world cup, was there for 13 days with his kids and had a great time. Caution, planning and hiring reliable guides for the more adventurous parts of the trip and I think it's safe enough.
Living there might be a whole different experience. People who go to Detroit and only see the airport, the suburbs and perhaps the RenCen might think it's safe too.
Oh please. as if there were NO poor whites under "white rule".
Low taxes.
"Low taxes."
No. high taxes. Aside from tax on businesses, there are about 5 million of us who pay tax on income. This is about 10% of the population - note that I didn't say citizens, I said population - people flood across our previously secured borders from north of us with little or no hindrance. The numbers increase daily!
Once upon a time (1940's, 1950's I think, born in 1956 so I know this merely as history), although there was job reservation for Afrikaners in Government administration positions, many were not so fortunate. Many went into "trades" like plumbers, electricians, boilermakers, sheetmetal workers, etc - the sorts of jobs where one could earn some sort of very basic salary while doing an apprenticeship, ie learning on the job and doing trade tests at various levels. In my working experience in the Cape Town area even in the 1980's I came across non-white people who had also gone this route. Some battled to pass the tests based on previous poor education history (just not used to examination situations and many tried over and over again), but were recognised for their skills acquired during apprenticeships, and earned accordingly.
Since 1994 and the new Government, these apprenticeship programs have been either discontinued or "dumbed down" with the result that there is now a major shortage. Many of those pictured in the article could have done one of the original apprenticeships and been highly skilled in their chosen area, whether attached to an employer, or, even better, self-employed. Nowadays they don't even have that chance.
Now, we are told that one MUST have, preferably, a post-graduate degree to enter the job market. This has resulted in even those who can afford such an education tending to go for the "soft" social sciences" like Human Resources (now, there we have a glut)- result lots of women and feminised men. The majority cannot afford it and are subsidised by a low percentage of tax payers.
My plumber is unusual in that he is white guy in his late 20's. His Dad is a retired electrician (married and had kids later in life) and wanted his sons (the other one also an electrician) to be left with a viable business when he retires or dies. It's paid off. The plumber gets lots of big jobs, but is also available when I get home from work, if I need a job done. Sometimes I have to wait if it's not an emergency, but I don't have a problem with that - at least I don't have to take time off work. Both have arrived at about 7:00 pm and left about 9:00pm when I had a geyser problem a couple of years ago - normal rates, not after-hours rate. He is never going to be short of work!
This is an eaxmple of what those depicted in the article could have been doing given the (now non-existant) opportunites. Although I am writing from a South African context, I suspect that applies to some extent everywhere in the world.
I've seen those "camps" ... and, trust me, we have NO POVERTY in the USA when you compare to those camps. But many of them are refugees from Zimbabwe. These people are being forced out of their own country and take up, literally, hillsides around big cities in S. Africa. So its not all a black/white thing, its another THUG in charge of a government that, because of him, doesn't work. Promises to the poor caused everybody to be poor ... the ultimate distribution of wealth (From the people to Robert Mugabe's bank account!).
"What about taxes on Cigs?"
Very high, and every year with the national budget the percentage gets higher as they increase the "sin" taxes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Video transcription: Natixis - a few questions on recruitment policy
VideoA few questions on recruitment policy for Alain Delouis, a member of the Natixis Senior Management Committee and Chief Human resources Officer
Why join Natixis?
[Alain Delouis]
« For a very simple reason; we have a very clear strategic plan that we have been working on for two years and which is summed up by the following slogan: one group, one company, three business lines. The group is BPCE, a powerful bank ranked second in France, the company is Natixis, the wholesale bank within BPCE, and the three key businesses around which we develop services for our clients are Corporate and Investment Banking, Investment Solutions and Specialized Financial Services. Furthermore, within the framework of the implementation of this strategic plan, which achieved significant financial results in 2010 and the first half of 2011, we have a dynamic human resources policy designed to attract the most talented individuals to join us and help us develop services for our clients. »
What is the outlook for recruitment at Natixis?
[Alain Delouis]
« The outlook is bright since we are currently expanding. As an example, in the first half of 2011 we hired 800 people in both France and abroad, in particular in the United States and Asia. We also have 1,500 international and domestic internships and sandwich programs available for young people who are in training or pursuing their studies. »
What profiles interest you in particular?
[Alain Delouis]
« There are two types of profile of interest to us. The first is individuals with engineering, business school or university master's degrees for our company's sales and marketing functions (in Corporate and Investment Banking, Investment Solutions and Specialized Financial Services) and our control functions (risks, finance, internal audit and compliance). In addition we seek individuals with bachelor's degrees for functions such as back-office managers or managers in the area of insurance. »
Are you looking for young graduates or experienced professionals?
[Alain Delouis]
« Both. In fact we are interested in young graduates for a certain number of functions, in particular sales and marketing functions, but also in more experienced people who can bring an additional perspective and skills to our various businesses. »
What is the point of entry for applying?
[Alain Delouis]
« The obvious point of entry is via the human resources section on our website natixis.com. We are committed to replying in a timely manner to the requests sent by candidates via this site. »
Natixis Logo
Alain Delouis, a member of the Natixis Senior Management Committee and Chief Human resources Officer
Copyright Natixis - september, 2011


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ERIC Number: ED238612
Record Type: RIE
Publication Date: 1983-Aug
Pages: 17
Abstractor: N/A
Reference Count: 0
On the Subculture of Development Extension Agents from Overdeveloped Countries.
Luck, Uwe
Studying the characteristics of development extension agents can help in the understanding of the dynamics of development. These key personnel exhibit certain traits, not yet corroborated scientifically, as they attempt to induce drastic changes in the values, beliefs, production, and consumption patterns of developing nations in order to move them toward the prevailing socio-economic state of affluent societies. Financed by government funds, development extension agents work under government rather than target-group authority. They have little empathy for other ways of life and little rapport with target groups that do not share their higher education and living standards. They lack trust in the self-help capabilities of non-elite peoples. The agents extend the images of unlimited good and unlimited aspiration to people whose beliefs center on the finite nature of desirable things. They are innovative and modernist but advocate the maximum possible change rather than the minimum required change. With limited time and world views, they disregard the world's resources. Agents should modify their behaviors and attitudes because of the dangers of imposing a minority way of life on a majority and because of resource/consumption imbalances. Development should satisfy life needs without endangering life itself. (SB)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Impact
Note: Paper presented at the Annual Rural Sociological Society Meeting (Lexington, KY, August 17-20, 1983).


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London City Airport
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- Hartmann Rd
United Kingdom
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- http://www.londoncityairport.com/
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- United Kingdom
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- Domestic | International
- Airport Type
- Primary
- Other airports serving London
- London Biggin Hill Airport
London Gatwick Airport
London Heathrow Airport
London Luton Airport
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- 1508m x 46m
- Airlines currently operating to this airport with scheduled services
- Alitalia
Aurigny Air Services
British Airways
SkyWork Airlines
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- Aer Lingus
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American Airlines
KLM Royal Dutch Airlines
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London City Airport serves the London financial district and is a major business aviation facility. The airport is located on a former Docklands site three miles from Canary Wharf and six miles from the City of London. The only airport actually within London, London City is the fifth-largest airport serving the city and its operations are restricted to STOL (Short Take Off and Landing) aircraft. The airport serves over 30 business centres across Europe and North America and a small number of leisure destinations in Europe.
Location of London City Airport, United Kingdom
Ground Handlers and Cargo Handlers servicing London City Airport
This content is exclusively for CAPA Membership Subscribers
Fuel & Oil Suppliers servicing London City Airport
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40 total articles
Icelandair, Iberia, Qatar, Wizz, AirAsia's Fernandes, London City, Vancouver, ABB win CAPA awards
Icelandair, Qatar Airways and Wizz Air received the top airline awards at the 2016 CAPA Aviation Awards for Excellence, held on 27-Oct-2016 in Amsterdam as part of the ACTE-CAPA 2016 Global Summit. London City and Vancouver were winners in the airport categories, picking up awards at a gala dinner hosted by Travelport. AirAsia Group CEO Tony Fernandes scooped the executive award and Air Black Box won the innovation category.
Now in its fourteenth year, CAPA's Aviation Awards for Excellence are intended to reward airlines and airports that are not only successful but have also provided industry leadership in an always changing environment. At a time of industry upheaval, our winners are adopting strategies that offer new directions for others to take.
CityJet: regional airline consolidator is re-energised & refocussed after second change of ownership
It is just over six months since CityJet chairman, Pat Byrne, and a group of private investors bought the airline from previous owner Intro Aviation. Meanwhile, CityJet has received its first two Sukhoi Superjets this summer. With 13 more scheduled for delivery by 2018 they will be replacements for its ageing BAE146 fleet at London City Airport, but the Superjet first needs steep approach certification. This will be important in restoring profitability to CityJet's refocused core network at London City.
In addition, CityJet has a growing presence in contract flying for other airlines. It inherited an Air France wet-lease operation at Paris CDG from its days under Air France-KLM ownership and acquired an SAS regional operator a year ago. Recent reports of possible consolidation involving CityJet in the European regional contract flying space demonstrate that it now has a higher profile and greater credibility than at any time for many years.
Although unconfirmed, these reports link CityJet with another SAS regional operator, Cimber, and with Stobart Air, which operates wet-lease capacity for Aer Lingus and Flybe. Even if they do not come to fruition, reports of such transactions are a sign of CityJet's increased status and revitalisation after years of near invisibility as part of Air France-KLM.
All-premium UK-US airlines. BA cuts LCY frequency; La Compagnie quits LTN; Odyssey to launch in 2017
There have been two notable recent developments in the market for all-business class services on the North Atlantic: British Airways is to reduce its London City-JFK A318 frequencies and France's La Compagnie is to withdraw from Luton-Newark to concentrate its 74-seat Boeing 757 operations on Paris-Newark (its only other route).
BA's 32-seat London City operation has been suffering from significant load factor declines, particularly on the outbound flights. These flights make a refuelling stop in Shannon, where passengers can pre-clear US customs, but this may not be a sufficient incentive for some passengers to take an indirect flight. La Compagnie expressed concerns about uncertainties in the UK post-Brexit, but its route economics must anyway have been struggling, due to Luton's lack of suitability as a premium market and its lack of feed.
So far there has been no reaction to these developments from the new-start Odyssey Airlines, which plans to launch an all-business class London City-New York service in 2017. It will no doubt be attempting to find a balance between relief that its level of competition has reduced, and some anxiety that its launch may coincide with a softening of market demand.
London City & Toronto Billy Bishop: City airports – functional, valuable, but not universally loved
There are few commercial airports anywhere in the world that can genuinely be referred to as 'downtown' airports and fewer still that are STOL ports (short take-off and landing) only. The recent sale of London City Airport to a consortium including the Canadian pension fund OMERS, has focused attention on these airports. This is because OMERS is also an investor in the Billy Bishop Toronto City airport in its home base of Ontario, Canada, through an investment by its infrastructure division Borealis Infrastructure in Porter Aviation Holdings. Porter Holdings manages the terminal there through a sale and leaseback deal. It may be the only example of one investor having equity in two of these airports.
Apart from ownership commonality, the other thing that links these two city centre airports is politics.
This report examines the relative attributes of these almost unique airports by reference to a range of statistics. It seeks to contrast the two of them from an operational, political and investment perspective, ultimately posing the question: which of them actually is the better investment.
British Airways takes the fight to Ryanair in its Stansted stronghold, for the first time ever
On 9-Feb-2016, British Airways announced the addition of London Stansted to its airport network from May-2016. It will be BA's fourth London airport after Heathrow, Gatwick and City. At first glance, this move does not appear significant. BA's four leisure routes from Stansted will make it the airline's 196th biggest airport, taking just 0.03% of its 2016 summer peak seats (week of 1-Aug-2016, source: OAG).
However, BA's decision is noteworthy for one simple reason. More than any other airport, Stansted has been synonymous with the rise of LCCs in Europe. The scourge of legacy airlines across the continent, LCCs contributed to BA's near-death experience in the years after 9/11, when it fell into loss. The most successful LCC incarnation, Ryanair, has more than 80% of seats at Stansted.
Just a few years ago, during the global financial crisis, BA was again loss-making and would not have had the temerity to enter Ryanair's stronghold. Now, emboldened on the strength of its highest ever operating margin in 2015, BA seems prepared to take on all comers. It is taking only a very small step into Stansted, but every journey starts with a step.
Northolt Airport: in a policy vacuum, it could help solve the UK's London connectivity problem
For several years there has been a sideshow to the debate about whether or not there should be additional runway capacity at London Heathrow or Gatwick airports. Or whether the UK should simply make do with what it has got. In Jul-2015 the Airports Commission came down in favour of Heathrow but the issue seems to be so difficult for the British government that it has become incapable of making a decision.
This policy vacuum has elevated to the level of possibility a suggestion that was impossible when first aired; namely that a rundown military airport a few miles north of Heathrow in a suburb called Northolt might be used as a proxy domestic runway for the 'country's only hub airport.' It was dismissed almost out of hand by the Commission.
But the longer the debate goes on – and it shows no sign of abating - the stronger is the hand held by the proponents of this apparently madcap idea. If the government announced tomorrow that an additional runway was to be built – and assuming it gave the nod to Heathrow – it would be 10 years at least before it entered service. Meanwhile, say commerce and industry, critical air connections from the British regions to 'emerging markets' are 'missing.'
One airline – Flybe - seems to have come on board latterly and appears prepared to put its money where its mouth is. This report looks at the history behind the proposal, the pros and cons, and how realistic it is today.


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April 30, 2012
EDWARD M. SUPINSKI, PLAINTIFF,v.UNITED PARCEL SERVICE, INC., DEFENDANT.
Presently before the Court is Plaintiff Edward Supinski's Motion for Contempt. Because Defendant United Parcel Service, Inc. ("UPS") took reasonable steps to comply with the Court's order, and there are doubts as to the wrongfulness of its conduct, the motion will be denied.
I. Background
On February 17, 2012, a jury found that UPS failed to accommodate Mr. Supinski and retaliated against him in violation of the ADA and PHRA. At the conclusion of trial, I orally ordered that "UPS shall restore Mr. Supinski to a position where he will have the salary, benefits and pension contributions that he would have had had the conduct of UPS not occurred. Moreover, UPS shall make contributions to the pension plan sufficient to restore Mr. Supinski's rights where they would have been had he not been subjected to UPS's conduct." The jury gave an advisory verdict on back pay. On March 6, 2012, I issued an order reducing the jury's back pay award. On that same day, judgment was entered for the first time in favor of Mr. Supinski and against UPS.
Mr. Supinski filed his motion for contempt on March 2, 2012, seeking $1000 per day as sanctions. Mr. Supinski argued that UPS had not yet reinstated Mr. Supinski, nor had it contacted him. In his reply brief, he argued that UPS had failed to restore his pension.
UPS's counsel contacted Mr. Supinski's counsel on March 9 to discuss his reinstatement, sending a follow-up letter on March 16 instructing Mr. Supinski about the details of when he would start. On March 19, 2012, UPS filed a motion to stay the order regarding restoration of Mr. Supinski's pension.
On March 20, 2012, Mr. Supinski began a two-week paid training period for the feeder driver position at UPS. He was scheduled to take the qualifying exam for the position, but shortly after beginning training, Mr. Supinski bid on and obtained a combination car washer/customer sort position. He began paid training for that position on April 10, 2012.
The motion has been fully briefed and is ripe for disposition. A hearing on the motion was held on April 24, 2012. At the hearing, Mr. Supinski argued that UPS had failed to provide him with his vacation pay, sick days, and personal days. He further claimed that UPS had retaliated against him by interfering with his bid on the combination position.
II. Legal Standard
A district court may, within its discretion, impose sanctions for civil contempt. Elkin v. Fauver, 969 F.2d 48, 52 (3d Cir. 1992) (citing United States v. United Mine Workers, 330 U.S. 258, 303 (1947); Roe v. Operation Rescue, 919 F.2d 857, 871 (3d Cir. 1990)). The purposes of civil contempt sanctions are: "(1) to coerce compliance with the Order; and (2) to compensate for losses sustained by the opposing party due to the disobedience." Marshak v. Treadwell, 595 F.3d 478, 494 (3d Cir. 2009). A compensatory sanction may not exceed the actual loss suffered by the party wronged. Elkin, 969 F.2d at 52.
"A plaintiff must prove three elements by clear and convincing evidence to establish that a party is liable for civil contempt: (1) that a valid order of the court existed; (2) that the defendants had knowledge of the order; and (3) that the defendants disobeyed the order." Marshak,595 F.3d at 485. However, a motion for contempt should not be granted where "there is ground to doubt the wrongfulness of the defendant's conduct," Harris v. City of Phila., 47 F.3d 1342, 1350 (3d Cir. 1995) (internal quotations omitted) (quoting Quinter v. Volkswagen of Am., 676 F.2d 969, 974 (3d Cir. 1982)), or the defendant "took all reasonable steps to comply," id. at 1324. Any "ambiguities must be resolved in favor of the party charged with contempt." John T. ex rel. Paul T. v. Del. Cnty. Intermediate Unit, 318 F.3d 545, 552 (3d Cir. 2003) (citing Robin Woods, Inc. v. Woods, 28 F.3d 396, 399 (3d Cir. 1994)).
III. Discussion
The first two elements of the civil contempt test are easily satisfied here. I gave a valid order on February 17, 2012. Because UPS was present when the order was given, it had knowledge of the order.
UPS claims that it did not disobey the order because it was not
obligated to comply with the order until March 20, 2012, by which time
Mr. Supinski had been reinstated. Under Federal Rule of Civil
Procedure 58, "[e]very judgment and amended judgment*fn1
must be set out in a separate document." Based on this rule,
UPS claims that there was no order with which to comply until the
judgment was separately entered on March 6, 2012. As Federal
Rule of Civil Procedure 62(a) provides for an automatic fourteen-day
stay of execution and enforcement of judgments, UPS argues that the
order was not enforceable until March 20. Mr. Supinski responds that
Rules 58 and 60 do not control here because they are applicable only
to judgments, not equitable orders. Neither party cites to any cases
in support of its position; it does not appear that any courts have
addressed the matter.
But the plain language of the Rules 58 and 68 indicate that they do not apply to the February 17 order, and so UPS was immediately obligated to comply with it. Both Rule 58 and 68 apply only to "judgments." Federal Rule of Civil Procedure 54(a) defines the term "judgment" as used in the rules to include "a decree and any order from which an appeal lies." An appellate court may review any decision which is "final," 28 U.S.C. § 1291, meaning that it terminates all claims against all parties, see Carter v. City of Phila., 181 F.3d 339, 343 (3d Cir. 1999). At the time the oral order was given, the final determination of Mr. Supinski's claim for back pay was outstanding. Because the oral order did not terminate all claims in the case, it was not final and thus not yet subject to appeal. Therefore, it did not qualify as a "judgment" for the purposes of Rule 58 or 68--meaning did not need to be set out in a separate document and was immediately enforceable against UPS. For these reasons, UPS violated the order by not taking any reasonable steps to ensure Mr. Supinski was reinstated at that time.
Although UPS violated the order, a finding of contempt is not appropriate because there are doubts as to the wrongfulness of its conduct. Though its legal theory as to Rule 58 and 68 was unsupported by precedent, there is no evidence that the argument was made in bad faith. Richard Toth, UPS's Area Human Resources Manager, testified that UPS believed that it was fully complying with the order by reinstating Mr. Supinski on March 20 and waiting to restore the pension until there was a ruling on the motion to stay. Because Mr. Supinski did not prove by clear and convincing evidence that UPS's conduct was wrongful, his motion must be denied.
Further, the evidence suggests that UPS took reasonable steps to comply with the order. A remedy like reinstatement will rarely be accomplished overnight, especially at a large employer with a unionized work force such as UPS. UPS's Area Human Resources Manager, Richard Toth, testified that UPS began discussing how to implement the reinstatement order the same evening the order was given. And there is no doubt that by March 20, 2012, Mr. Supinski had returned to work. Mr. Supinski claims that his training on March 20 did not constitute a full reinstatement because it was "probationary." But during his training, UPS paid him the current wage for his previously held position. This constitutes substantial compliance. Mr. Supinski also argues that he has not received all of his vacation and paid days off, and that UPS delayed in giving him the credits he has received. The testimony of UPS Labor Relations Manager Wayne Foulke, however, suggests that UPS properly calculated Mr. Supinski's credits and any delay was inadvertent--and could likely have been easily fixed by communication between Mr. Supinski and his direct supervisors. Because of these reasonable steps to comply with the order, UPS cannot be held in contempt.
Mr. Supinski's argument that UPS retaliated against him by interfering with his job bid is a separate claim that is irrelevant to the allegations of contempt at issue here. Further, Mr. Toth and Mr. Foulke testified that UPS had made exceptions to its general rules regarding payment of trainees and vacation credits for employees who spent more than one year on worker's compensation. This suggests that UPS has in fact given Mr. Supinski favorable treatment since his return. Regardless, Mr. Supinski's allegations of retaliation after his reinstatement do not provide clear and convincing evidence that UPS wrongfully failed to comply with the February 17 order.
IV. Conclusion
For the reasons stated above, Mr. Supinski's motion for contempt will be denied. An appropriate order follows.
A. Richard Caputo
United States District Judge
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Research Paper:
Campus Gelato Pushcart
Proposed on-Campus Gelato Pushcart Plan
Background and Purpose of Feasibility Analysis
Marketing Analysis
Key Conclusions
Technical Appendices
Primary Research -- On-Campus Survey
Primary Research -- Management Interview
Break-Even Analysis
Primary Research - Profit Analysis
Cost of Goods Sold
Fixed Costs
Break-Even Computations
Preferred Gelato Pushcart Locations
Preferred Season for Gelato Consumption
Students' Prediction of Per Week Gelato Purchasing
Student Price Preference for Single Scoop
Summary Report - Entrepreneurship
Background and Purpose of Feasibility Analysis
Background. Bond University main campus is located in a region with warm spring, summer, and fall weather. This consistently favorable climate fosters student interest in cool refreshments. Because the campus is relatively isolated, students must drive a considerable distance to the nearest town in order to have access to a range of services and entertainment sites beyond what is immediately located on-campus. Students currently can buy refreshments from two restaurants, two coffee shops, and a number of vending machines located in buildings across the campus. Although gelato has increased in popularity over the past several years, gelato is currently not sold on campus. The establishment of an on-campus gelato pushcart, hereafter known as Bond U. Gelato, is proposed to supply refreshments to students, staff, faculty, and visitors.
Marketing Analysis.
Target market. Students are the primary target market for the gelato pushcart. Students tend to be "place bound" on campus as most do not have personal vehicles they can use to go into town. Staff and faculty are included in the target market as a separate market segment. Visitors are incidental to the marketing plan as their interest is considered opportunistic. In an a brief survey given to students and faculty, when asked if they liked gelato as refreshment, 88% of the survey respondents answered "yes," while only 12% said "no." For those customers who do not like gelato, Bond U. Gelato will also offer beverages. Responses to a random sample of students and faculty indicate that a majority of students would buy gelato once, twice, or three times per week.
Value proposition. "On the go gelato!" Bond U's Gelato pushcart brings refreshment to busy campus-bound students so they can stay focused on their studies and not on the heat, or their flagging energy levels. Bond University students must use their energies for their studies. Traveling off-campus is not something Bond University students can do for frivolous reasons. Students need to find refreshment when they need it and where they are. In any one of four convenient campus locations, Bond U. Gelato pushcart can help students feel refreshed and get them on their way.
Route to market. Bond U. Gelato will market directly to its customers. Input from potential customers indicates that four campus locations are optimal for locating the gelato pushcart. As the two most favored locations are in close proximity (Appendix A, Figure 1) optimally, the gelato pushcart could set up in these spots on alternate days or different times of the day.
Product and service. In the frozen treat category, gelato is the healthier choice. Gelato contains only 2 to 4% butterfat versus 14% butterfat in ice cream. In addition, the best gelato -- like that offered by Bond U. Gelato -- uses fresh ingredients and is often made daily, and is made by-hand. Artisanal gelato is a niche product in the U.S., and though the number of gelaterias[footnoteRef:1] is rapidly increasing, many people have only eaten poor quality gelato (Rifkin, 2008). As Jon Snyder, founder of Ciao Bella and Il Laboratorio del Gelato, says, "You can't get more artisanal than a pushcart."[footnoteRef:2] [1: There were an estimated 800 stand-along gelato shops in the U.S. In 2008, compared with 37,000 such shops in Italy. In Rifkin, G. (2008, September 4). Move aside, frozen custard, and make room for gelato, The New York Times. Retrieved http://www.nytimes.com/2008/09/04/business/smallbusiness/04sbiz.html] [2: Jon Snyder has located his gelato "lab" in the Lower East Side on Orchard Street, an area known to have many pushcart food operations. In Witchel, A. For this guy, gelato is the answer. The New York Times. Retrieved http://www.nytimes.com/2002/09/11/dining/for-this-guy-gelato-is-the-answer.html?src=pm]
When Bond University students and staff were asked (Appendix A, Figure 2) if they consumed gelato regardless of the season, 55% said that they ate gelato in the summer, but 46% said that they consumed gelato in the summer and in the winter.
An interview was conducted with the manager of the University's restaurant in order to learn more about their experience serving ice cream to students. The store manager confirmed that the students purchased and consumed ice cream regardless of the weather -- the only caveat is that consumption of frozen treats may differ when the purchase occurs out-of-doors. Based on the restaurant manager's report, the reactions of students and staff to a year-round on-campus pushcart service could easily be tested.
Competitors. Bond U. Gelato would compete with on-campus facilities and sources of refreshment; of the two restaurants on campus, only one sells ice cream. As discussed in section II. Key Conclusions, the status of this facility as the gelato pushcart's primary competitor changed considerably during the time this analysis was carried out. Other potential competitors include a second on-campus restaurant, two coffee shops, and various vending machines strategically located in campus buildings. The niche that Bond U. Gelato will fill is to provide up-scale beverages and the finest gelato for purchase while students are on the go. There is no need for students to use up precious time with the inevitable delays that entering and exiting a restaurant or coffee shop entail. No waiting to be seated, no shortage of seats or tables to be negotiated, no waiting for table or counter service, and no waiting for charge authorization. Bond U. Gelato will be served in cups -- for those who have the time to briefly stand around the pushcart while eating their gelato -- or in cones, for those who absolutely must push on.
Partnership Agreement. A planned partnership with the Bond University's restaurant will enable Bond U. Gelato to take advantage of established capacity. The restaurant is equipped to make and store fresh gelato. All ingredients can be delivered to the restaurant kitchen, where preparation can be carried out by existing restaurant staff. In addition, should additional gelato be needed to refresh the pushcart's supply, the restaurant's on-campus location makes for quick resolution. Experts say that establishing a stand-alone gelato shop can be risky and that the initial investment can be quite high. Restaurant equipment suppliers recommend selling gelato as part of an established operation, like a coffee shop or a pizzeria, rather than setting up a business dedicated to the sale of gelato.[footnoteRef:3] These same suppliers estimate that start-up costs for a new gelato shop can run hundreds of thousands of dollars, while embedding a gelato service in an existing establishment may cost only about $50,000 (Rifkin, 2008). [3: Dominic Seminara of the Arlington, Texas, Specialty Restaurant Equipment Corporation, may not be thinking of artisanal gelato when he makes this recommendation. In Rifkin, G. (2008, September 4). Move aside, frozen custard, and make room for gelato, The New York Times. Retrieved http://www.nytimes.com/2008/09/04/business/smallbusiness/04sbiz.html]
Not all artisanal gelato is made in the shop where it is consumed. Some gelato aficionados manufacture specialty gelato for wholesale to local gelaterias. One such example is Il Laboratorio del Gelato in New York City's Lower East Side. What began as Ciao Bella gelato shop became an official laboratory for concocting customized gelato in collaboration with elite chefs and caterers. "The Lab" supplies about 200 local gelato establishments, and remains focused on using fresh, local products with delivery to higher-end restaurants and shops, like Dean & DeLuca and Balducci's.[footnoteRef:4] [4: Jon F. Snyder, who created Ciao Bella and Il Laboratorio del Gelato, attributes his success to localization and small-scale hand-crafted gelato. In Witchel, A. For this guy, gelato is the answer. The New York Times. Retrieved http://www.nytimes.com/2002/09/11/dining/for-this-guy-gelato-is-the-answer.html?src=pm]
II. Key Conclusions.
1. An "embedded" gelato operation is preferable unless the location is optimal (international residents, slow-food culture). Partnering with the university's restaurant ensures adequate facilities and service at comparatively low cost.
2. An emphasis on artisanal gelato is essential if the product is to be competitive against ice cream. The University's location in the suburb of Robina, with its local rail access and cosmopolitan surroundings, makes a slow-food, gourmet approach to gelato production possible and practical.
1. Gelato was described as a "hot trend" in a 2007 survey of 1,200 chefs who belong to the National Restaurant Association.[footnoteRef:5] Gelato is no longer a novelty, but artisanal gelato is highly sought after by a discriminating market. Students at Bond University are likely to have sophisticated palettes and an interest in consuming quality treats. [5: The survey was conducted by What's Hot. In Rifkin, G. (2008, September 4). Move aside, frozen custard, and make room for gelato, The New York Times. Retrieved http://www.nytimes.com/2008/09/04/business/smallbusiness/04sbiz.html]
2. In 2008, the Chicago-based market research firm Mintel found that 14% of the participants in…[continue]
"Campus Gelato Pushcart Feasibility Analysis Report Proposed" (2011, March 27) Retrieved December 2, 2016, from http://www.paperdue.com/essay/campus-gelato-pushcart-feasibility-analysis-120436
"Campus Gelato Pushcart Feasibility Analysis Report Proposed" 27 March 2011. Web.2 December. 2016. <http://www.paperdue.com/essay/campus-gelato-pushcart-feasibility-analysis-120436>
"Campus Gelato Pushcart Feasibility Analysis Report Proposed", 27 March 2011, Accessed.2 December. 2016, http://www.paperdue.com/essay/campus-gelato-pushcart-feasibility-analysis-120436


text:
The DAX just turned negative on the day...keep an eye on Europe!
Paulie might have moved slow, but it was only because Paulie didn't have to move for anybody.
--Henry Hill
The Ethiopian shim sham continues as the tape slowly struggles to assert a direction--and it's very quiet in the city of critters. Fokker just pointed out that MXIM is trading funny. Hey Spider-- How is it funny? Is it funny like a clown? Does it amuse you? Make you laugh? WHAT is so funny about MXIM? What the BUCK is so funny about MXIM?!? Do me a favor...go get your shinebox and come sit next to me--I wanna show you something.
One of the first lessons you learn when trading is that once in a while, everyone's gotta take a beating. The trick, and this distinguishes good traders from great traders, is knowing when to lick your wounds versus when to make a stand. There is a fine line between stubbornness and conviction and making that distinction is an acquired skill set. If you cross that line, aggressiveness becomes recklessness and you're bound to take a hit.
I was having this very conversation with myself as the Minx was trying to make an upside move and I kept pulling up my (bullish) stochastics. While I typically follow these oscillators, there are times when I'll call an audible (like I'm doing now). The question is: where do you say "uncle" if you're wrong?
Discipline likely dictates setting a stop on my bear appendage somewhere beyond S&P 870 but, interestingly enough, my instinct is to ADD another appendage if/when we got there. What I'm trying to ascertain is whether I've got an adequate edge in doing so. I mean, this tape has a way of making us all look like shmucks on wheels, Maury, and we've got to constantly monitor our actions and reasoning.
Turning our attention back to today's action for a moment, the internals are slowly starting to slip and the tape is reacting in kind. Keep an eye on the semis (approaching our neckline again) and watch the financial duopoly (BKX/XBD)--when these two complexes point in the same direction (and are supported by the internals), it's typically a strong signal. As I said, there are constructive signs out there (retailers. software) but, as a trader, you learn to place more of an emphasis on certain "tells."
As I write, I'm seeing some macro hedgies hitting the SPY's 500,000 at a clip and, while we saw the same thing yesterday morning (before the Snapper), I wanted to pass it along. Other than that, it's been fairly quiet although I have noticed that the dips are "cash led." What that means, quite simply, is that the pressure is in the underlying stocks rather than the Spoos. If you put the S&P (cash) next to the S&P futures on your screen, you'll likely see what I mean.
I'm gonna jump as I've got a lunch date with Kaaaaaaaren and Janice Rossi...and this should be spicy! I hope this finds you faring well, my friends, and not trading "just to trade." There are times you'll be in a rhythm and times you're feel "out of sync"...the key is to take your cuts when you're seeing "it" and, when you're not, leave the bat on your shoulder.
I'll be back, Mon Frere...good luck!
Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at firstname.lastname@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
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|By PR Newswire
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The WebRTC Summit New York, to be held June 6-8, 2017, at the Javits Center in New York City, NY, announces that its Call for Papers is now open. Topics include all aspects of improving IT delivery by eliminating waste through automated business models leveraging cloud technologies. WebRTC Summit is co-located with 20th International Cloud Expo and @ThingsExpo. WebRTC is the future of browser-to-browser communications, and continues to make inroads into the traditional, difficult, plug-in web ...
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In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
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text:
April Alvarez
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About this Recipe
Course/Dish: Smoothies


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Healthcare Staffing Solutions, Inc.
New York
Full Time
Academic facility seeks four more!
This hybrid practice of 38 subspecialized Radiologists seeks four more! This is both private practice as well as having a Faculty Appointment. All positions are full time academic positions. The Medical Center, a 700+ bed, Level 1 tertiary care academic health care center for Central New York. The department averages approx.. 1,000 studies daily on an annual basis; across the board and includes Neuroradiology, IR and Nuclear Medicine beyond that of General Diagnostic. There are 24 residents that are of great assistance and they use nighthawk service as well as a number of independent contractor radiologists to help out with reads as necessary. The academic health center is a short drive from the Adirondack Mountains and Lake Ontario. Responsibilities include teaching, research, publication, and patient care.
General Radiologist with an emphasis on Abdominal Imaging including CT, MRI, US and fluoroscopic procedures of the abdomen and pelvis. Every 10th day you are on call. In the general diagnostic, some days this position may be reaching 70-80 cases or more and some days half or less.
Cardiovascular/Interventional Radiologist – Total exams are greater than 12,000/year including vascular and non-vascular procedures. Call for IR is among 5 others.
Pediatric Radiologist and Section Head with interest and experience in Pediatric Imaging A dedicated 71 bed Children's hospital wing. Trying to build up the Peds section to be a total of 3-4 Ped Rads. For Peds you can expect 80% clinical – 20% administration within an academic setting
Compensation package varies depending on background and experience. Superb benefit package include sick, vacation, CME time, paid holidays, medical benefits, pension plan and partnership. The area offers scenic beauty, excellent schools, outdoor recreational activities, low housing costs and a high standard of living.
this is NOT an opportunity for Search Firm recruiters.
Thank you.


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November 21, 2008
CONNIE STEVENS O.B.O. T.M.H., PLAINTIFF,v.COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.
I. Introduction
Plaintiff Connie Stevens, on behalf of her son, T.M.H., alleges that T.M.H. is disabled due to attention disorder, behavior problems, and bipolar disorder, and challenges the denial of benefits by the Commissioner of Social Security. Having reviewed the administrative record, the court affirms the Commissioner's decision.
II. Procedural History
Plaintiff initially filed an application for supplemental security income ("SSI") on November 12, 2003, alleging disability due to attention disorder, behavior problems, and bipolar disorder. (Tr. at 37-39). This application was denied initially. (Tr. at 25). Plaintiff requested an Administrative Law Judge ("ALJ") hearing, which was held on December 15, 2004. (Tr. at 29-33). The ALJ issued an unfavorable decision on March 24, 2005. (Tr. at 13-23). This decision became the final decision of the Commissioner when the Appeals Council denied review on August 26, 2005. (Tr. at 4-8).
On October 5, 2005, Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking review of the Commissioner's final determination. The Commissioner then filed an answer and a certified administrative transcript, Stevens filed a brief, and the Commissioner responded.
III. Contentions
Plaintiff contends that the Commissioner's decision is not supported by substantial evidence. She claims that (1) the ALJ erred in deciding that T.M.H.'s impairments did not functionally equal a listed impairment; (2) the ALJ erred in finding that T.M.H.'s impairments did not meet the criteria of Listings 112.04, 112.08, and 112.11; and (3) the ALJ failed to follow the treating physician rule. The Commissioner counters that substantial evidence supports the ALJ's decision.
IV. Facts
The evidence in this case is undisputed and the court adopts the parties' factual recitations. Pl.'s Br. at 2-15; Def.'s Br. at 2-10.
V. Discussion
A. Standard and Scope of Review
Under 42 U.S.C. §§ 405(g) and 1383(c)(3), the proper standard of review for this Court is not to employ a de novo review, but rather to discern whether substantial evidence supports the Commissioner's findings and that the correct legal standards have been applied. See Rivera v. Sullivan, 923 F.2d 964, 967 (2d Cir. 1991); Urtz v. Callahan, 965 F. Supp. 324, 325-26 (N.D.N.Y. 1997) (citing, inter alia, Johnson v. Bowen, 817 F.2d 983, 985 (2d Cir. 1987)). Succinctly defined, substantial evidence is "more than a mere scintilla," it is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Consol. Edison Co. of New York v. N.L.R.B., 305 U.S. 197, 229 (1938).
The ALJ must set forth the crucial factors supporting the decision with sufficient specificity. Ferraris v. Heckler, 728 F.2d 582, 587 (2d Cir. 1984). Where the ALJ's findings are supported by substantial evidence, the court may not interject its interpretation of the administrative record. Williams ex rel. Williams v. Bowen, 859 F.2d 255, 258 (2d Cir. 1988); 42 U.S.C. § 405(g). Where the weight of the evidence, however, does not meet the requirement for substantial evidence or a reasonable basis for doubt exists as to whether correct legal principles were applied, the ALJ's decision may not be affirmed. Johnson, 817 F.2d at 986.
B. Standard for Childhood Disability
An individual under the age of eighteen is disabled, and thus eligible for SSI benefits, if he or she has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and 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 12 months.
42 U.S.C. § 1382c(a)(3)(C)(i). That definitional provision goes on to exclude from coverage any "individual under the age of [eighteen] who engages in substantial gainful activity. . . ." 42 U.S.C. § 1382c(a)(3)(C)(ii).
By regulation, the agency has prescribed a three-step evaluative process to be employed in determining whether a child can meet the statutory definition of disability. 20 C.F.R. § 416.924; Kittles v. Barnhart, 245 F. Supp. 2d 479, 487-88 (E.D.N.Y. 2003); Ramos v. Barnhart, 02Civ.3127, 2003 WL 21032012, at *7 (S.D.N.Y. May 6, 2003) (Gorenstein, M.J.), adopted, No. 02 Civ. 3127, Dkt. No. 18 (S.D.N.Y. July 25, 2003) (Preska, D.J.). The first step of the test, which bears some similarity to the familiar five-step analysis employed in adult disability cases, requires a determination of whether the child has engaged in substantial gainful activity. 20 C.F.R. § 416.924(b); Kittles, 245 F. Supp. 2d at 488. If so, then both statutorily and by regulation the child is ineligible for SSI benefits. 42 U.S.C. § 1382c(a)(3)(C)(ii); 20 C.F.R. § 416.924(b).
If the claimant has not engaged in substantial gainful activity, the second step of the prescribed test next requires examination of whether the child suffers from one or more medically determinable impairments that, either singly or in combination, are properly regarded as severe, in that they cause more than a minimal functional limitation. 20 C.F.R. § 416.924(c); Kittles, 245 F. Supp. 2d at 488; Ramos, 2003 WL 21032012, at *7. If the existence of a severe impairment is discerned, the agency must then determine, at the third step, whether it meets or equals a presumptively disabling condition identified in the listing of impairments set forth under 20 C.F.R. Pt. 404, Subpt. P., App. 1 (the "Listings"). Id. Equivalence to a listing can be either medical or functional. 20 C.F.R. § 416.924(d); Kittles, 245 F. Supp. 2d at 488; Ramos, 2003 WL 21032012, at *7. If an impairment is found to meet, or qualify as medically or functionally equivalent to, a listed disability and the twelve-month durational requirement is satisfied, the claimant will be deemed disabled. 20 C.F.R. § 416.924(d)(1); Ramos, 2003 WL 21032012, at *8.
Analysis of functionality is informed by consideration of how a claimant functions in six main areas denominated as "domains." 20 C.F.R. § 416.926a(b)(1); Ramos, 2003 WL 21032012, at *8. The domains are described as "broad areas of functioning intended to capture all of what a child can or cannot do." 20 C.F.R. § 416.926a(b)(1). Those prescribed domains include
(i) [a]cquiring and using information;
(ii) [a]ttending and completing tasks;
(iii) [i]nteracting and relating with others;
(iv) [m]oving about and manipulating objects;
(v) [c]aring for [oneself]; and
(vi) [h]ealth and physical well-being.
20 C.F.R. § 416.926a(b)(1). Functional equivalence is established in the event of a finding of an "extreme" limitation, meaning "more than marked," in a single domain. 20 C.F.R. § 416.926a(a); Ramos, 2003 WL 21032012, at *8. An "extreme limitation" is an impairment which "interferes very seriously with [the claimant's] ability to independently initiate, sustain, or complete activities." 20 C.F.R. § 416.926a(e)(3)(I) (emphasis added).
Alternatively, a finding of disability is warranted if a "marked" limitation is found in any two of the listed domains. 20 C.F.R. § 416.926a(a); Ramos, 2003 WL 21032012, at *8. A "marked limitation" exists when the impairment "interferes seriously with [the claimant's] ability to independently initiate, sustain, or complete activities." 20 C.F.R. § 416.926a(e)(2)(i). "A marked limitation may arise when several activities or functions are impaired, or even when only one is impaired, as long as the degree of limitation is such as to interfere seriously with the ability to function (based upon age-appropriate expectations) independently, appropriately, effectively, and on a sustained basis." 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 112.00(C).
C. Analysis
1. Functional Equivalency
Plaintiff argues that the ALJ erred in finding that T.M.H.'s impairments were not functionally equivalent to a listed impairment. Pl.'s Br. at 20-23. Specifically, Plaintiff argues that T.M.H. suffers from an extreme or at least marked limitation in the domain of interacting and relating with others, and a marked limitation in caring for himself.
In his decision, the ALJ found that T.M.H. suffered from a marked limitation in interacting and relating with others, but found that T.M.H. suffered from no marked or extreme limitations in any of the remaining domains. (Tr. at 20-22).
Substantial evidence supports the ALJ's decision that T.M.H. suffered from a marked, but not extreme, limitation in interacting and relating with others. While the evidence does indicate that T.M.H. had difficulty in this social domain, it does not mandate a finding of extreme limitation. As the ALJ noted, while T.M.H. did not have many friends, he did sustain one childhood friendship. (Tr. at 301). It was noted in a June 2004 Individual Education Plan that T.M.H. responded well to positive adult interactions and praise, got along with peers, and was able to follow classroom and school rules. (Tr. at 84). On January 5, 2004 psychologist Kristen Barry, Ph.D. opined that despite having some difficulty, T.M.H. had fair relationships with peers and family, and was able to follow age-appropriate instructions. (Tr. at 134). Thus, although there is evidence in the record which indicates that T.M.H. had limitations in interacting and relating with others, substantial evidence supports the ALJ's decision that this limitation was marked, but not extreme.
Substantial evidence also supports the ALJ's determination that T.M.H. did not have a marked or extreme limitation in caring for himself. Evidence indicates that T.M.H. was able to feed, dress, and bathe himself, and that he demonstrated appropriate hygiene for his age group. (Tr. at 134). T.M.H.'s daily activities included listening to music, playing video games, and drawing cartoons. Id. Dr. Prowda, a state agency examining psychiatrist, found that T.M.H. had no limitations in caring for himself. (Tr. at 139). Although T.M.H. exhibited depression and some injurious behaviors toward others, the record does not demonstrate that he has engaged in any self-injurious behavior. As such, the court finds that substantial evidence supports the ALJ's determination that T.M.H. did not suffer from a marked or extreme limitation in caring for himself. For the foregoing reasons, T.M.H.'s impairments did not functionally equal a listed impairment.
2. Listings 112.04, 112.08, and 112.11
Plaintiff also argues that T.M.H.'s impairments met or equaled the criteria of Listings 112.04 (Mood Disorders), 112.08 (Personality Disorders), and 112.11 (Attention Deficit Hyperactivity Disorder [ADHD]). Pl.'s Br. at 23. Each of these impairments require, at Part B, that the claimant exhibit at least two of the following appropriate age-group criteria:
a. Marked impairment in age-appropriate cognitive/ communicative function, documented by medical findings (including consideration of historical and other information from parents or other individuals who have knowledge of the child, when such information is needed and available) and including, if necessary, the results of appropriate standardized psychological tests, or for children under age 6, by appropriate tests of language and communication; or
b. Marked impairment in age-appropriate social functioning, documented by history and medical findings (including consideration of information from parents or other individuals who have knowledge of the child, when such information is needed and available) and including, if necessary, the results of appropriate standardized tests; or
c. Marked impairment in age-appropriate personal functioning, documented by history and medical findings (including consideration of information from parents or other individuals who have knowledge of the child, when such information is needed and available) and including, if necessary, appropriate standardized tests; or
d. Marked difficulties in maintaining concentration, persistence, or pace.
20 C.F.R. Part 404, Subpart P, Appendix 1, § 112.02(B)(2).
Plaintiff argues that T.M.H. suffers from marked limitations in age- appropriate social functioning and personal functioning, subparagraphs (b) and (c). Because the ALJ found that T.M.H. suffered from a marked impairment in interacting and relating with others, a criteria that is very similar to "social functioning" in this context, the court will accept that T.M.H. suffered from a marked impairment in social functioning under subparagraph (b).
Personal functioning is defined as follows:
Personal functioning in adolescents pertains to self-care. It is measured in the same terms as for younger children, the focus, however, being on the adolescent's ability to take care of his or her own personal needs, health, and safety without assistance. Impaired ability in this area is manifested by failure to take care of these needs or by self-injurious actions.
20 C.F.R. Part 404, Subpart P, Appendix 1, § 112.00(C)(4)(a). As noted above, the record demonstrates that T.M.H. had appropriate hygiene for his age and was able to dress, feed, and bathe himself. (Tr. at 83, 88, 134). Additionally, while T.M.H. suffered from depression, had no fear of injury and occasionally even expressed some suicidal ideation, the evidence fails to show that T.M.H. ever purposely injured himself. (See Tr. at 169, 176, 177). Thus, the court finds that the ALJ's decision that T.M.H.'s impairments did not meet or equal a listing was supported by substantial evidence.
3. Treating Physician Rule
Plaintiff argues that the ALJ failed to properly apply the treating physician rule with regard to the opinion given by Dr. Mehrhof, T.M.H.'s treating psychiatrist. Pl.'s Br. at 23-24. Generally, the opinion of a treating physician is given controlling weight if it is based upon well-supported, medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with other substantial evidence. 20 C.F.R. §§ 404.1527(d)(2), 416.927(d)(2); see Schaal v. Apfel, 134 F.3d 496 (2d Cir. 1998). As already noted, an ALJ may not arbitrarily substitute his own judgment for a competent medical opinion. Rosa, 168 F.3d at 79. Thus, if the treating physician's opinion is not given controlling weight, the ALJ must assess several factors to determine how much weight to afford the opinion: the length of the treatment relationship, the frequency of examination by the treating physician for the condition(s) in question, the medical evidence supporting the opinion, the consistency of the opinion with the record as a whole, the qualifications of the treating physician, and other factors tending to support or contradict the opinion. 20 C.F.R. §§ 404.1527(d)(2)-(6), 416.927(d)(2)-(6).
Moreover, the "ultimate finding of whether a claimant is disabled and cannot work [is] 'reserved to the Commissioner.'" Snell v. Apfel, 177 F.3d 128, 133 (2d Cir. 1999) (citation omitted); see 20 C.F.R. §§ 404.1527(e)(1), 416.927(e)(1). "That means that the Social Security Administration considers the data that physicians provide but draws its own conclusions." Snell, 177 F.3d at 133. Thus, a treating physician's disability assessment is not determinative. Id. Where the evidence of record includes medical source opinions that are inconsistent with other evidence or are internally inconsistent, the ALJ must weigh all of the evidence and make a disability determination based on the totality of that evidence. See 20 C.F.R. §§ 404.1527(c)(2), 416.927(c)(2). An ALJ is required to recontact a treating physician in order to clarify the physician's opinion, when the opinion "contains a conflict or ambiguity that must be resolved, the report does not contain all the necessary information, or does not appear to be based on medically acceptable clinical and laboratory diagnostic techniques." 20 C.F.R. §§ 404.1512(e)(1), 416.912(e)(1).
Dr. Mehrhof submitted an opinion, dated January 25, 2005, which found that T.M.H. had marked limitations in acquiring and using information, attending and completing tasks, interacting and relating with others, and caring for himself. (Tr. at 242-43). The ALJ considered Dr. Mehrhof's opinion, and deemed it inconsistent with the record as a whole, including treatment notes, school records, and evidence of T.M.H.'s activities of daily living. (Tr. at 20).
The court concludes that the ALJ's decision in this regard is supported by substantial evidence of record. Dr. Mehrhof's treatment notes are not extremely detailed, and do not describe the marked limitations found in his opinion. (See Tr. at 244-69). Dr. Mehrhof assessed T.M.H. with a Global Functioning Score of 60, which indicates the mildest level of moderate limitation in social, occupational, or school functioning. (Tr. at 239, 269).
Moreover, while the evidence does support a marked limitation in interacting and relating with others as the ALJ found, it does not support marked limitations in the remaining domains. As the court has already found, T.M.H. did not suffer from marked limitations in caring for himself. With regard to the domain of acquiring and using information, the ALJ noted that T.M.H. had low average to above average intelligence test scores, and was described as a "great reader" and as having academic potential. (Tr. at 91, 97, 127, 133-34). An Individual Education Plan, concurred with by the Committee on Special Education, stated that T.M.H. was capable of working at or close to grade level. (Tr. at 83, 94). State agency psychologist Dr. Karen Prowda reported that T.M.H. was able to use many strategies to comprehend reading material and that he was capable of working at grade level with medication. (Tr. at 138). At the hearing, Plaintiff testified that T.M.H.'s grades were the best they had ever been. (Tr. at 296, 299).
In the domain of attending to and completing tasks, while T.M.H. was noted to have attention problems due to his diagnosed ADHD, these were under control with medication. (Tr. at 244). He was doing well in his new school and was able to complete assignments in his structured environment. (Tr. at 83, 91, 97, 290, 292). Dr. Prowda noted, upon examination, that T.M.H. was cooperative, relaxed and comfortable during testing, that he was able to comprehend and recall instructions and worked in a deliberate and orderly fashion, and that his attention and concentration were age-appropriate. (Tr. at 138).
Based on the foregoing, the court concludes that substantial evidence supported the ALJ's decision to accord less than controlling weight to Dr. Mehrhof's January 25, 2005 opinion.
VI. Conclusion
After careful review of the entire record, and for the reasons stated, the Commissioner's denial of benefits was based on substantial evidence and not erroneous as a matter of law. Accordingly, the ALJ's decision is affirmed.
WHEREFORE, for the foregoing reasons, it is hereby ORDERED that the decision denying disability benefits is AFFIRMED; and it is further
ORDERED that the Clerk serve a copy of this Decision and Order on the parties.
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Graycliff 'G2'
Finding a mild-bodied cigar with substance can be tough. Tougher still is finding a mild-bodied handmade with enough gusto to rival the likes of Ashton and Davidoff, without the hefty price tag. Well, one has arrived from the most unlikely of sources: Graycliff. First some info on Graycliff. This Bahamas-based factory is tiny, housing a mere dozen Cuban-born rollers that – combined – …Read More