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Submissions by Wgtn group on Equality and City Planning for the Future
by Peter Malcolm
Tēnā koutou,
Submission in response to the 2012-22 Long Term Plan for Wellington City
We are writing in response to the draft Long Term Plan (LTP) for Wellington City on behalf of the Wellington branch of 'Closing the Gap', Income Equality Aotearoa New Zealand Inc.
We have replied in the form of a letter, rather than use the submission form, as we wish to make a general point about the substantive content of the plan, and felt that the form did not enable us to do this. In particular, although the draft LTP offers an economic and spatial plan for Wellington, its focus appears to be almost exclusively on 'place', rather than on the people of Wellington. Whilst we recognise the importance of spatial planning and improving our physical environment, we were surprised by the omission of any substantive priorities or actions to address the issue of inequality, and the problems that it causes, within our community.
The LTP sets out a vision for "smart capital" based on three themes, one of which is being a "people-centred" city. The plan lists three priorities that include making Wellington "an inclusive place" and a "resilient city". We support goals aimed at putting people at the centre of the Council's work, and believe that an inclusive community will also be a resilient one. Reducing inequality in our city and region is an important step towards making this city a place where "talent wants to live".
Wellington is one of the most affluent cities in New Zealand, and many of us are fortunate to enjoy a high quality of life; but significant inequality persists and tackling the underlying causes and symptoms of inequality should form part of the LTP. Other councils are working to address these issues. For example, the Draft Auckland Plan makes 'People' the focus of its first chapter and sets a series of priorities around children, education and health, and strengthening communities; whilst Wellington Regional Council has developed a Genuine Progress Indicator which recognises equity as a key element of genuine progress. Surely, our city can show it values its people just as highly.
Inequality is a serious issue in New Zealand generally, and in Wellington in particular. A report released by the OECD late last year showed that income inequality has grown rapidly over the past 25 years, transforming New Zealand from one of the most equal to one of the most unequal countries in the OECD. The income of the top 20% in New Zealand has increased massively, whilst the income of the bottom 20% has actually fallen.
Here in Wellington, income inequality has also grown steadily. Since 2001, inequality has consistently been greater in the Wellington Region than across New Zealand as a whole, and has continued to grow more rapidly than the national average.
The result is glaring disparities within our city. According to the last census:
20% of adults in Wellington City earn less than $10,000 per year, whilst 17% earn over $70,000
Some areas, such as Greenacres and Khandallah Park, are amongst the least deprived in New Zealand, whilst others such as Kilbirnie East and Newtown East are amongst the 20% most deprived
In some areas, such as Oriental Bay and Wadestown, residents have personal incomes on average of well over $40,000; whilst in Mt Cook/Wallace Street and Aro-Street/Nairn Street median personal income is nearer $18,000
This is obviously bad news for those at the bottom end of the income distribution, who are unable to afford the benefits of our affluent society in Wellington and suffer worse outcomes across a whole range of indicators.
Perhaps more surprisingly, there is significant evidence that high levels of inequality are bad for all of us. The work of British academics Prof. Richard Wilkinson and Prof. Kate Pickett has shown that higher levels of income inequality are associated with poorer health and social outcomes not just for the poor but for the whole of society. Their data suggests New Zealand fits with this pattern, and that our high levels of imprisonment, infant mortality, and infectious diseases could all be improved by tackling inequality.
Further information about inequality and its impacts in New Zealand can be found at the website of Income Equality Aotearoa New Zealand Inc.: www.closingthegap.org.nz, and the Whakatata Mai : Closer Together campaign initiated by the New Zealand Council of Christian Social Services www.closertogether.org.nz.
In short, a more equal society would be better for all of us. As such, this is an issue that should be a priority for the City Council, in order for Wellington to be a great place for all people to call home.
With this in mind, we raise some specific issues that we would like to see the Council make a priority and some suggested, practical actions that the council could include within the LTP:
Affordable housing:
The Council has acknowledged that access to affordable housing is a growing problem in Wellington. Housing costs form a significant proportion of families' outgoings, so addressing the issue of affordable housing would go a long way to addressing 'after costs' inequality.
Whilst Affordable Housing is represented in the draft Long Term Plan as an issue that the Council is already working on, we feel strongly that the lack of a clear timeline, concrete actions or additional resources will undermine the Council's attempts to address this issue. There ought to be clear proposals to improve the existing housing stock, ensuring all council owned housing meets minimum living standards and introducing by-laws to ensure privately rented accommodation meets a similar standard through a 'housing warrant of fitness'.
The current housing upgrade programme is a 20 year project that is already delivering improved housing to some tenants, but is resulting in an overall reduction in affordable housing for low income people in the city. The Council's own projections are for continuing growth in need for affordable housing. There is clearly a need to invest in additional affordable housing, including expanding the stock of subsidised rent council housing.
Health inequality:
The Ministry of Health's Public Health Advisory Committee recognises that income is the single most important modifiable determinant of health, with men on low incomes having twice the risk of premature death as those on high incomes and children from poor families having higher rates of illness, injury and death than others. Ensuring affordable access to warm, well-maintained housing, as set out above, would go a long way to addressing housing related illnesses such as meningococcal infection, rheumatic fever and other respiratory diseases.
The Council can further contribute to health and wellbeing by ensuring that community activity and fitness centres such as swimming pools remain open and affordable for those on low incomes to use. We also recommend making swimming lessons for children under 7 years free for low income families (e.g. community services card holders).
Wellington has a number of low decile (Decile 1 & 2) schools and we recommend that the Council initiate a programme to liaise with those schools and their communities to identify whether children are coming to school hungry and support offering free breakfasts and lunches in those schools if needed.
Adult education is also an issue and we recommend that the WCC investigate offering free adult literacy programmes through City Libraries or other appropriate agencies. Such programmes would among other positive benefits, improve employment chances for those taking part and their chances of increasing their incomes.
Income inequality:
The overarching issue here is income inequality, and action to address income inequality in Wellington would have the greatest impact on these other issues. Wellington City Council has an opportunity to lead by example on this issue.
Under the priority of Balancing the Budget the Council could curb excessive pay by setting a maximum ratio between the top and median salaries paid to council employees. As part of this, the Council should ensure salaries at the bottom are sufficient to meet the basic requirements of a civilised life in our city by setting a 'Living Wage' as the minimum to be paid to all Council employees, and the employees of the Council's contractors.
Having taken a lead in this way, the Council should ensure that the creation of secure, well paid jobs is at the heart of the economic agenda for the city by encouraging and promoting business investment that creates employment which pays a living wage.
We raise these issues, and suggestions, in the hope that the Council will reconsider the content of the LTP to better reflect the need to publicly acknowledge and lead the agenda to tackle inequality in Wellington. If the Council were to take these actions, and begin to seriously address the issue of inequality within our city, then we could be more confident of achieving the priority set out in the draft Long Term Plan, of Making Wellington as an inclusive place where talent wants to live.
We would be happy to answer any questions you may have, and would appreciate the opportunity to present this submission in person during the hearings next week. If you require any further information please don't hesitate to contact us on [email protected].
Sam Caldwell
Michelle Nuttall
Paul Barber
Graham Howell
Kevin McCormack
Max Rashbrooke
Ron Cormack
Nick Jennings
Closing the Gap RSS Feed
CTG National Newsletter – September 2021
Why we're happy hobbits in Jacinda's 'mysterious socialist hermit kingdom'
Opinion: Public opinion supports action on inequality. Jacinda Ardern has no more excuses.
Press Release 27 April 2021 – Congratulations to Minister Little and the Government on the Health Reforms BUT……
Presentation: The housing crisis, taxation policy and restoring equity


The New Yorker's Ian Parker provides a lengthy, well-written look at Jonathan Ive's work. As others have mentioned, it's more worthwhile of a piece regarding a number of things about Apple and even the second stretch of Steve Jobs as Apple's CEO than Walter Isaacson's biography. If you don't have the time to read it (about 40 pages printed in Safari's Reader View), be sure to save it for later.


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Anonymous asked in Arts & HumanitiesHistory · 2 months ago
If leaders of the Roman Empire were called Emperors what were leaders of the earlier Roman Republic called?
conley39
The leaders were two Consuls who were elected by the senate.
Consuls and the Senate
And before that were kings – this ended badly – which is why it became a republic.
xyzzy
First you had the Senators, which was a legislative body. They would appoint the Magistrates. Each was assigned a provincia by the Senate. This was the scope of that particular office holder's authority. It could apply to a geographic area or to a particular responsibility or task. Each magisterial office would be held concurrently by at least two people. The consuls of the Roman Republic were the highest ranking ordinary magistrates. Each served for one year. Consuls had supreme power in both civil and military matters. In times of crisis the Senate would elect a Dictator who was entrusted with the full authority of the state to deal with a military emergency or to undertake a specific duty. All other magistrates were subordinate to him, and the right of the plebeian tribunes to veto his actions or of the people to appeal from them was extremely limited. However, in order to prevent the dictatorship from threatening the state itself, severe limitations were placed upon its powers: a dictator could only act within his intended sphere of authority; and he was obliged to resign his office once his appointed task had been accomplished, or at the expiration of six months.
They were called Consuls. There were usually two of them, because they didn't want executive power to be vested in one man. Sometimes there were three, as was the case during the Triumvirate where Julius Caesar, Pompey Magnus, and Marcus Crassus formed a ruling alliance.
The Roman republic was a representative democracy, that was ran by the Senate, which in turn were ruled by two nominated consuls, that appear to run as leaders for a period of one year.
"Its political organization developed at around the same time direct democracy did in Ancient Greece, with collective and annual magistracies, overseen by a senate.[4] The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious powers. Even though a small number of powerful families (called gentes) monopolised the main magistracies, the Roman Republic is generally considered one of the earliest examples of representative democracy.[5][6][7] ".
https://en.wikipedia.org/wiki/Roman_Republic .
You can see a full list of the Consuls in the link below.
I have copied and pasted a few, just to get you started.
https://en.wikipedia.org/wiki/List_of_Roman_consul... .
509[18] L. Junius Brutus L. Tarquinius Collatinus .
suff. Sp. Lucretius Tricipitinus P. Valerius Poplicola .
suff. M. Horatius Pulvillus .
508 P. Valerius Poplicola II T. Lucretius Tricipitinus .
507 P. Valerius Poplicola III M. Horatius Pulvillus II[19] .
506 Sp. Lartius (Rufus or Flavus) T. Herminius Aquilinus[20] .
505 M. Valerius Volusus P. Postumius Tubertus .
504 P. Valerius Poplicola IV T. Lucretius Tricipitinus II .
503 Agrippa Menenius Lanatus P. Postumius Tubertus II .
502 Opet. Verginius Tricostus Sp. Cassius Viscellinus .
501 Post. Cominius Auruncus T. Lartius (Flavus or Rufus) .
Senators and Regents
Consules and sometimes dictators.
Senators. There wasn't a single leader. The only thing that existed in the unwritten Roman constitution that allowed for a single leader to take control of Rome was in times of great emergency or strife where a single person taking charge or a single figurehead was needed. At those times the Senate would appoint for a period of no longer than a year a dictator. Try not to think of "dictator" in accordance to the definition we now know. That person would be given carte blanche for handling the crises until either the crisis was over or a year had passed. The Senate could vote to extend the dictator position for a year or terminate it early.
Julius Caesar got himself appointed dictator, but when his dictatorship was up, he didn't want to let go of it. He marched his army across the Rubicon, violating another element of the unwritten Roman constitution-- that no Roman army shall ever enter Rome. Julius Caesar's refusal to let go of his power when his term was up is what led to the Senate to draw their knives and set upon him and kill him.
Unfortunately, this tumult put Rome into such crisis and such political chaos and divide that Rome needed another dictator to guide Rome out of it, but leery of a repeat of what happened with Julius Caesar, the Senate appointed not a single dictator but a committee of three wise and trusted as dictator that would be called the Triumvirate, which it actually had done with Julius Caesar too, but Julius Caesar killed the other two members to become sole dictator.
Well, the second Triumvirate was Mark Antony, Marcus Aemilius Lepidus, and Octavian, nephew and heir to Julius Caesar by way of his twin sister Julia. Octavian was trusted because he was part of the plot to kill his uncle and restore the Senate. Well, that trust was misplaced because Octavian, changing his name to Augustus Caesar, then set about the business of killing the other two and making himself sole dictator, just like his uncle did. He had the hindsight of what his uncle had done though, having witnessed first-hand those who opposed his uncle in favor of the Republic, and he had them killed, too. That's how he was able to become Emperor and not get unseated by the Senate like his uncle Julius had.
How did you people who were alive in the 80's work without internet?
How is the USA better than Canada or Europe?
Why covid deaths are so low in africa?
Did men and dinossaurs ever coexisted together ?
If Germans believe in Christ how did they get easily tricked into starting war?
Why was Dr. Martin Luther King killed?
How come New York has the most covid deaths in the US?
did the runaway spending/deficit for the US really begin during Roosevelt's "New Deal" period? why or not?
why did martin lutheran call himself a king and refuse to sit on the back of the bus ?
Do you think, if they had access to them, the Sons of Liberty would have used car bombs?

redpajama_set_name: RedPajamaCommonCrawl


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Justia › US Law › Case Law › Federal Courts › District Courts › Iowa › Northern District of Iowa › 2014 › Murphy v. Commissioner of Social Security › Filing 20
Murphy v. Commissioner of Social Security, No. 3:2013cv03011 - Document 20 (N.D. Iowa 2014)
Court Description: MEMORANDUM OPINION and ORDER: The decision of the ALJ is reversed and this case is remanded to the Commissioner for further proceedings: See text of Order for further information. Signed by Magistrate Judge Leonard T Strand on 03/26/14. (kfs)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CENTRAL DIVISION DEANNA LOUISE MURPHY, Plaintiff, No. C13-3011-LTS vs. MEMORANDUM OPINION AND ORDER CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ____________________ Plaintiff Deanna Louise Murphy seeks judicial review of a final decision of the Commissioner of Social Security (the Commissioner) denying her application for Social Security Disability benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. (Act). Murphy contends that the administrative record (AR) does not contain substantial evidence to support the Commissioner s decision that she was not disabled during the relevant period of time. For the reasons that follow, the Commissioner s decision will be reversed and remanded for further proceedings. I. BACKGROUND Murphy was born in 1960 and previously worked as a cashier and cake decorator. AR 102, 226. She protectively filed for DIB on June 12, 2010, alleging a disability onset date of April 30, 2009. AR 10. Murphy claims disability due to migraine headaches, back pain and nerve damage to her spine. AR 13. Her claim was denied initially and on reconsideration. AR 10. She then requested a hearing before an Administrative Law Judge (ALJ) and on January 19, 2012, ALJ Thomas Donahue held a hearing during which Murphy and a vocational expert (VE) testified. AR 24-44. On March 21, 2012, the ALJ issued a decision finding that Murphy was not disabled from April 30, 2009, through the date of his decision. AR 10-18. Murphy sought review of this decision by the Appeals Council, which denied review on January 14, 2013. AR 1-3. The ALJ s decision thus became the final decision of the Commissioner. AR 1; 20 C.F.R. § 404.981. On March 14, 2013, Murphy filed a complaint (Doc. No. 3) in this court seeking review of the Commissioner s decision. On September 18, 2013, with the parties consent (Doc. No. 8), the Honorable Mark W. Bennett transferred this case to me for final disposition and entry of judgment. The parties have briefed the issues and the matter is now fully submitted. II. DISABILITY DETERMINATIONS AND THE BURDEN OF PROOF A disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months. 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A); 20 C.F.R. § 404.1505. A claimant has a disability when the claimant is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists . . . in significant numbers either in the region where such individual lives or in several regions of the country. 42 U.S.C. §§ 423(d)(2)(A), 1382c(a)(3)(B). To determine whether a claimant has a disability within the meaning of the Social Security Act, the Commissioner follows a five-step sequential evaluation process outlined in the regulations. 20 C.F.R. § 404.1520; see Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007). First, the Commissioner will consider a claimant s work activity. If the 2 claimant is engaged in substantial gainful activity, then the claimant is not disabled. 20 C.F.R. § 404.1520(a)(4)(i). Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see whether the claimant has a severe impairment that significantly limits the claimant s physical or mental ability to perform basic work activities. Dixon v. Barnhart, 353 F.3d 602, 605 (8th Cir. 2003). An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant s physical or mental ability to do basic work activities. Kirby, 500 F.3d at 707; see 20 C.F.R. §§ 404.1520(c), 404.1521(a). The ability to do basic work activities is defined as the abilities and aptitudes necessary to do most jobs. 20 C.F.R. § 404.1521(b). These abilities and aptitudes include (1) physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling; (2) capacities for seeing, hearing, and speaking; (3) understanding, carrying out, and remembering simple instructions; (4) use of judgment; (5) responding appropriately to supervision, co-workers, and usual work situations; and (6) dealing with changes in a routine work setting. Id. § 404.1521(b)(1)-(6); see Bowen v. Yuckert, 482 U.S. 137, 141, 107 S. Ct. 2287, 2291 (1987). The sequential evaluation process may be terminated at step two only when the claimant s impairment or combination of impairments would have no more than a minimal impact on her ability to work. Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir. 2007) (internal quotation marks omitted). Third, if the claimant has a severe impairment, then the Commissioner will consider the medical severity of the impairment. If the impairment meets or equals one of the presumptively disabling impairments listed in the regulations, then the claimant is considered disabled, regardless of age, education, and work experience. 20 C.F.R. §§ 404.1520(a)(4)(iii), 404.1520(d); see Kelley v. Callahan, 133 F.3d 583, 588 (8th Cir. 1998). 3 Fourth, if the claimant s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant s residual functional capacity (RFC) to determine the claimant s ability to meet the physical, mental, sensory, and other requirements of the claimant s past relevant work. 20 C.F.R. §§ 404.1520(a)(4)(iv), 404.1545(a)(4). RFC is a medical question defined wholly in terms of the claimant s physical ability to perform exertional tasks or, in other words, what the claimant can still do despite his or her physical or mental limitations. Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (internal quotation marks omitted); see 20 C.F.R. § 404.1545(a)(1). The claimant is responsible for providing evidence the Commissioner will use to make a finding as to the claimant s RFC, but the Commissioner is responsible for developing the claimant s complete medical history, including arranging for a consultative examination(s) if necessary, and making every reasonable effort to help [the claimant] get medical reports from [the claimant s] own medical sources. 20 C.F.R. § 404.1545(a)(3). The Commissioner also will consider certain non-medical evidence and other evidence listed in the regulations. See id. If a claimant retains the RFC to perform past relevant work, then the claimant is not disabled. Id. § 404.1520(a)(4)(iv). Fifth, if the claimant s RFC as determined in Step Four will not allow the claimant to perform past relevant work, then the burden shifts to the Commissioner to prove that there is other work that the claimant can do, given the claimant s RFC as determined at Step Four, and his or her age, education, and work experience. See Bladow v. Apfel, 205 F.3d 356, 358-59 n.5 (8th Cir. 2000). The Commissioner must prove not only that the claimant s RFC will allow the claimant to make an adjustment to other work, but also that the other work exists in significant numbers in the national economy. Eichelberger v. Barnhart, 390 F.3d 584, 591 (8th Cir. 2004); 20 C.F.R. § 404.1520(a)(4)(v). If the claimant can make an adjustment to other work that exists in significant numbers in the national economy, then the Commissioner will find the claimant is not disabled. If the claimant cannot make an adjustment to other work, then the Commissioner will find that 4 the claimant is disabled. 20 C.F.R. § 404.1520(a)(4)(v). At Step Five, even though the burden of production shifts to the Commissioner, the burden of persuasion to prove disability remains on the claimant. Stormo v. Barnhart, 377 F.3d 801, 806 (8th Cir. 2004). III. ALJ S FINDINGS The ALJ made the following findings: (1) The claimant meets the insured status requirements of the Social Security Act through December 31, 2014. (2) The claimant has not engaged in substantial gainful activity since April 30, 2009, the alleged onset date (20 CFR 404.1571 et seq.). (3) The claimant has the following severe impairment, which causes her more than minimal work-related limitations: mild degenerative disc disease of the lumbar spine status post remote spinal surgery (20 CFR 404.1520(c)). (4) The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526). (5) After careful consideration of the entire record, the undersigned finds that the claimant has the following residual functional capacity: she can lift ten pounds frequently and twenty pounds occasionally; she can sit for two hours at a time and for a total of six hours in an eight-hour day; she can stand for two hours at a time and for a total of six hours in an eight-hour day; she can walk three blocks at a time; she should never climb ladders, ropes, or scaffolds; and she should only occasionally balance, stoop, kneel, crouch, crawl, bend, or climb stairs and ramps. (6) The claimant is capable of performing past relevant work as a cashier (DOT: 211.462-010; unskilled work 5 with an SVP of 2 at the light exertional level) and as a cake decorator (DOT: 524.381-010; skilled work with an SVP of 6 at the light exertional level[)]. This work does not require the performance of work-related activities precluded by the claimant s residual functional capacity (20 CFR 404.1565). (7) The claimant has not been under a disability, as defined in the Social Security Act, from April 30, 2009, through the date of this decision (20 CFR 404.1520(g)). AR 12-18. IV. THE SUBSTANTIAL EVIDENCE STANDARD The Commissioner s decision must be affirmed if it is supported by substantial evidence on the record as a whole. Pelkey v. Barnhart, 433 F.3d 575, 577 (8th Cir. 2006); see 42 U.S.C. § 405(g) ( The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive . . . . ). Substantial evidence is less than a preponderance, but enough that a reasonable mind might accept as adequate to support a conclusion. Lewis, 353 F.3d at 645. The Eighth Circuit explains the standard as something less than the weight of the evidence and [that] allows for the possibility of drawing two inconsistent conclusions, thus it embodies a zone of choice within which the [Commissioner] may decide to grant or deny benefits without being subject to reversal on appeal. Culbertson v. Shalala, 30 F.3d 934, 939 (8th Cir. 1994). In determining whether the Commissioner s decision meets this standard, the court considers all of the evidence that was before the ALJ, but it [does] not re-weigh the evidence. Wester v. Barnhart, 416 F.3d 886, 889 (8th Cir. 2005). The court considers both evidence which supports the Commissioner s decision and evidence that detracts from it. Kluesner v. Astrue, 607 F.3d 533, 536 (8th Cir. 2010). The court must search the record for evidence contradicting the [Commissioner s] decision and give that 6 evidence appropriate weight when determining whether the overall evidence in support is substantial. Baldwin v. Barnhart, 349 F.3d 549, 555 (8th Cir. 2003) (citing Cline v. Sullivan, 939 F.2d 560, 564 (8th Cir. 1991)). In evaluating the evidence in an appeal of a denial of benefits, the court must apply a balancing test to assess any contradictory evidence. Sobania v. Sec y of Health & Human Servs., 879 F.2d 441, 444 (8th Cir. 1989). The court, however, does not reweigh the evidence presented to the ALJ, Baldwin, 349 F.3d at 555 (citing Bates v. Chater, 54 F.3d 529, 532 (8th Cir. 1995)), or review the factual record de novo. Roe v. Chater, 92 F.3d 672, 675 (8th Cir. 1996) (citing Naber v. Shalala, 22 F.3d 186, 188 (8th Cir. 1994)). Instead, if, after reviewing the evidence, the court finds it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner s findings, [the court] must affirm the [Commissioner s] denial of benefits. Kluesner, 607 F.3d at 536 (quoting Finch v. Astrue, 547 F.3d 933, 935 (8th Cir. 2008)). This is true even in cases where the court might have weighed the evidence differently. Culbertson, 30 F.3d at 939 (quoting Browning v. Sullivan, 958 F.2d 817, 822 (8th Cir. 1992)). The court may not reverse the Commissioner s decision merely because substantial evidence would have supported an opposite decision. Baker v. Heckler, 730 F.2d 1147, 1150 (8th Cir. 1984); see Goff v. Barnhart, 421 F.3d 785, 789 (8th Cir. 2005) ( [A]n administrative decision is not subject to reversal simply because some evidence may support the opposite conclusion. ). V. DISCUSSION Murphy argues the ALJ s decision is not supported by substantial evidence for the following reasons: I. The ALJ erred in finding that Murphy has past relevant work. 7 II. The ALJ did not give appropriate weight to the opinion of Murphy s treating physician.1 III. The ALJ gave too much weight to the fact that Murphy collected unemployment benefits during part of her period of alleged disability. I will discuss these arguments separately below. A. Past Relevant Work After determining Murphy s RFC, the ALJ found that her work as a cashier and as a cake decorator meets the durational, earnings, and recency requirements of substantial gainful activity. AR 16. The ALJ then found, based on the VE s testimony, that Murphy s RFC does not preclude her from performing either of those jobs. Id. In light of this finding, the ALJ concluded that Murphy is not disabled. Id. The ALJ then made alternative findings at Step Five, determining that Murphy could also perform other jobs that exist in significant numbers in the national economy and that a finding of not disabled is appropriate under the Medical-Vocational guidelines. AR 17-18. Murphy contends that the ALJ erred in finding that she has past relevant work. She notes that in November 2010, the state agency consultant found that she does not have any PRW [past relevant work] that she could return to. AR 193. Murphy further contends that neither the VE s testimony nor any other evidence in the record supports the ALJ s finding that she has past relevant work. The Commissioner disagrees, contending that the evidence supports the ALJ s finding of past relevant work. The Commissioner further argues that even if the ALJ was wrong, the error was harmless because the record supports the ALJ s alternative findings, at Step Five, that also result in a finding of no disability. 1 While the argument heading refers only to the treating physician, the argument itself also addresses the ALJ s weighting of other medical opinions. 8 The Commissioner s regulations define past relevant work as work that you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to do it. 20 C.F.R. § 404.1560(b)(1). The regulations further state that [s]ubstantial gainful activity is work activity that is both substantial and gainful, as follows: (a) Substantial work activity. Substantial work activity is work activity that involves doing significant physical or mental activities. Your work may be substantial even if it is done on a part-time basis or if you do less, get paid less, or have less responsibility than when you worked before. (b) Gainful work activity. Gainful work activity is work activity that you do for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized. (c) Some other activities. Generally, we do not consider activities like taking care of yourself, household tasks, hobbies, therapy, school attendance, club activities, or social programs to be substantial gainful activity. 20 C.F.R. § 404.1572. In determining whether work constitutes substantial gainful activity, the Commissioner must consider the amount of pay, length of time worked, and whether the work was conducted in a special work area or with special assistance. Thompson v. Sullivan, 878 F.2d 1108, 1110 (8th Cir. 1989) (citing 20 C.F.R. § 404.1574). Moreover, the Commissioner has established a minimum dollar amount that a claimant must earn each month before being found to have engaged in substantial gainful activity. See, e.g., http://www.socialsecurity.gov/oact/COLA/sga.html. The amounts for 2007, 2008 and 2009, respectively, were $900, $940 and $980. Id. Here, Murphy is correct that the ALJ s decision contains no analysis of the relevant factors to determine whether her prior jobs met the requirements to be considered as past relevant work. Instead, the ALJ simply stated a finding to that effect. AR 16. The Commissioner argues, however, that the record supports the ALJ s finding at least with regard to the cake decorator position. Murphy testified that she performed the cake decorator position at Wal-Mart. AR 27. She was employed by Wal-Mart from April 9 2007 to April 2009. AR 27, 145, 157. Her earnings from Wal-Mart for 2007, 2008 and 2009 were, respectively, $11,502.81, $14,962.29 and $6,655.69. AR 109-10, 114. Given the number of months Murphy worked at Wal-Mart during each of those years, her earnings were above the SGA level.2 In light of the length of Murphy s employment, the amount of her earnings and her own testimony, substantial evidence supports the ALJ s finding that she had past relevant work as a cake decorator. The Commissioner also argues that any error on this issue would not require remand, as the ALJ also proceeded to Step Five and, again, found that Murphy was not disabled. AR 16-17. He made this finding based on (a) the VE s testimony that a person of Murphy s age, education, work experience and RFC can perform other jobs that exist in the national economy and (b) the Commissioner s Medical-Vocational guidelines. Id. Having carefully reviewed the VE s testimony, and the ALJ s findings at Step Five, I find that the ALJ s alternative, Step Five findings are supported by substantial evidence in the record as a whole. Thus, I agree with the Commissioner that any error at Step Four would be harmless error. Even if Murphy had no past work that qualifies as past relevant work, there would be no need to remand this case for a Step Five determination because the ALJ has already made that determination. Reversal and remand is not required with regard to an error by the ALJ that does not affect the outcome of the claim. See, e.g., Van Vickle v. Astrue, 539 F.3d 825, 830 (8th Cir. 2008). B. Weight Of Medical Opinions 1. Applicable Standards In evaluating a claim for DIB, the ALJ is required to consider all relevant evidence, including medical records and medical opinions. See 20 C.F.R. §§ 404.1513, 2 2007 9 months worked, $1278 per month (SGA level = $900) 2008 12 months worked, $1246 per month (SGA level = $940) 2009 4 months worked, $1663 per month (SGA level = $980) 10 404.1520, 404.1520b, 404.1527. With regard to medical opinions, the Commissioner s regulations give great deference to those provided by treating health care providers: Treatment relationship. Generally, we give more weight to opinions from your treating sources, since these sources are likely to be the medical professionals most able to provide a detailed, longitudinal picture of your medical impairment(s) and may bring a unique perspective to the medical evidence that cannot be obtained from the objective medical findings alone or from reports of individual examinations, such as consultative examinations or brief hospitalizations. If we find that a treating source's opinion on the issue(s) of the nature and severity of your impairment(s) is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in your case record, we will give it controlling weight. When we do not give the treating source's opinion controlling weight, we apply the factors listed in paragraphs (c)(2)(i) and (c)(2)(ii) of this section, as well as the factors in paragraphs (c)(3) through (c)(6) of this section in determining the weight to give the opinion. We will always give good reasons in our notice of determination or decision for the weight we give your treating source's opinion. 20 C.F.R. § 404.1527(c)(2) [emphasis added]. This means a treating physician's opinion is generally given controlling weight, but is not inherently entitled to it. Hacker v. Barnhart, 459 F.3d 934, 937 (8th Cir. 2006). A treating physician's opinion does not automatically control or obviate the need to evaluate the record as a whole. Leckenby v. Astrue, 487 F.3d 626, 632 (8th Cir. 2007). But that opinion will be given controlling weight if it is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the case record. Hacker, 459 F.3d at 937. The ALJ must always give good reasons for the weight given to a treating physician's evaluation. 20 C.F.R. § 404.1527(c)(2); see also Davidson v. Astrue, 501 F.3d 987, 990 (8th Cir. 2007). When a treating provider s opinion is entitled to controlling weight, the ALJ must defer to the physician's medical opinions about the nature and severity of an applicant's impairments, including symptoms, diagnosis and prognosis, what an applicant is capable of doing despite the impairments, and the resulting restrictions. 11 20 C.F.R. § 404.1527(a)(2); Ellis v. Barnhart, 392 F.3d 988, 995 (8th Cir. 2005). However, an opinion that an applicant is disabled or unable to work addresses an issue that is reserved for the Commissioner and therefore is not a medical opinion that must be given controlling weight. Ellis, 392 F.3d at 994. 2. Analysis The record includes a written opinion signed by Dr. Shamini Suriar on August 12, 2011. AR 297-98. Dr. Suriar listed diagnoses of chronic backache, chronic pain syndrome and female stress incontinence. AR 298. She checked boxes indicating that Murphy s conditions were both temporary and permanent, stated that she was being treated with pain medication and noted that she had declined spinal needles. Id. Dr. Suriar then checked a box indicating that Murphy cannot return to her usual employment and wrote that she will never be able to return to her usual duties. Id. Finally, Dr. Suriar responded affirmatively to a question as to whether Murphy should apply for longterm disability benefits. Id. There is no dispute that Dr. Suriar is a treating physician. However, the ALJ determined that her opinion is entitled to very little weight, finding it to be inconsistent with the weight of the evidence and Dr. Suriar s own treatment records. AR 15. Moreover, the ALJ found that Dr. Suriar s opinion improperly addresses an issue reserved for the Commissioner, as it essentially states that Murphy is disabled. Id. Murphy argues that the ALJ erred in failing to give more weight to Dr. Suriar s opinion. She points out that the ALJ did not explain, or offer examples of, how Dr. Suriar s opinion is inconsistent with her treatment notes. Murphy points out that she saw Dr. Suriar ten times from February 2009 through August 2011, with pain management being the primary focus of treatment. She further notes that Dr. Suriar directed her to take Oxycontin, a narcotic medication designed to manage moderate to severe pain, every twelve hours. AR 239, 231. She contends that nothing about Dr. Suriar s treatment notes is inconsistent with her written opinion. 12 Murphy also takes issue with the ALJ s statement that Dr. Suriar s opinion is inconsistent with the weight of other medical evidence. Among other things, Murphy references an opinion provided by Dr. Alan Scher in July 2010, based on a consultative examination. Dr. Scher found that Murphy had [c]hronic, progressive, limiting localized back pain requiring narcotic analgesia. AR 267. He noted that the pain is non-radiating. Id. He further observed that Murphy had some discomfort after being seated for about 20 minutes, difficulty putting on her shoes, and could not bend to pick items up from the floor. AR 265. Dr. Scher s range of motion testing reflected limitations with respect to Murphy s (a) shoulder abduction and right-sided forward elevation, (b) external shoulder rotation, (c) knee flexion, (d) hip flexion, (e) hip abduction, (f) hip external rotation and (g) lumbar flexibility. AR 268-69. Murphy contends that Dr. Scher s consultative findings are consistent with Dr. Suriar s opinion. Finally, Murphy contends that it was improper for the ALJ to reject Dr. Suriar s opinion simply because it includes an opinion on an issue (disability) that is reserved for the Commissioner. She notes that Dr. Suriar did not prepare the opinion for the Social Security Administration and that it does not purport to declare that Murphy is disabled within the meaning of the Act. According to Murphy, the fact that part of the opinion may appear to address an issue that is reserved for the Commissioner does not justify discrediting the entire opinion. The Commissioner argues that the ALJ properly evaluated Dr. Suriar s opinion and provided good reasons for giving it little weight. Having reviewed the Commissioner s argument carefully, however, I find it to be an admirable but unsuccessful effort to rehabilitate the ALJ s superficial analysis of the medical opinions in the record. As for Dr. Suriar, Murphy is correct that the ALJ offered no explanation or examples of how her opinion is inconsistent with her own treatment records. Those records reflect numerous visits over a period of more than a year. Dr. Suriar diagnosed backache and chronic pain syndrome and repeatedly directed Murphy to continue taking Oxycontin. AR 231-43, 293-95. Dr. Suriar s treatment records are not so obviously 13 contrary to her opinion as to justify the ALJ s failure to provide an explanation for his conclusory finding of such inconsistency. As for the contention that Dr. Suriar s opinion is contrary to other evidence in the record, I am particularly troubled by the ALJ s analysis of Dr. Scher s findings. As noted above, Dr. Scher conducted a consultative examination in July 2010 for the specific purpose of providing evidence relevant to Murphy s application for DIB. AR 263. The ALJ discussed some of Dr. Scher s findings but never stated what weight he was giving to Dr. Scher s opinion. AR 14. Of course, because the ALJ did not expressly assign any particular weight to Dr. Scher s opinion, he had no occasion to explain the reasons for assigning that weight. This omission is important because at least some of Dr. Scher s findings and observations are inconsistent with the ALJ s RFC assessment. For example, as noted above, Dr. Scher noted that Murphy experienced discomfort after being seated for only about 20 minutes. AR 265. Yet the ALJ found that Murphy can sit for two hours at a time up to six hours during an eight-hour workday. AR 13. Moreover, Dr. Scher noted that Murphy had difficulty putting on her shoes and that she was unable to bend in order to pick items up from the floor. AR 265. The ALJ, however, found that Murphy can occasionally stoop, kneel, crouch, crawl and bend. AR 13. Occasionally, of course, means up to one-third of an eight-hour workday. See, e.g., AR 270. Thus, while Dr. Scher found that Murphy cannot bend at all, the ALJ found that Murphy has the RFC to bend for over two hours a day while working. As noted above, Dr. Scher also found that Murphy has a decreased range of motion in numerous respects. AR 268-69. It is far from clear that Dr. Scher s findings are inconsistent with Dr. Suriar s opinion, yet the ALJ did not address the issue of whether Dr. Scher s opinion is entitled to any weight. Having determined (properly, I believe) that the opinion of a consultative examiner would be useful, the ALJ failed to explain what use, if any, he was making of the opinion. 14 The ALJ did, however, expressly find that an opinion provided in August 2010 by Dr. Tracy Larrison, a non-examining consultant, was entitled to very substantial weight. AR 14. Dr. Larrison prepared a physical RFC assessment based on her review of records. AR 14, 270-77. Those records included Dr. Scher s report. AR 277. Dr. Larrison discredited that report because of internal inconsistencies but offered little explanation of those alleged inconsistencies. AR 276-77. Her resulting RFC assessment was largely adopted by the ALJ. AR 13, 271-72. In short, three physicians provided opinions concerning Murphy s claim. The ALJ gave very little weight to the opinion of one (a treating source) and made no finding concerning the weight to be given to the opinion of the other (a consultative examiner). Meanwhile, the ALJ afforded very substantial weight to the opinion of a physician who never examined Murphy and adopted that opinion as establishing Murphy s RFC. While that conclusion is not necessarily wrong, the analysis that led to the conclusion is deeply flawed. The ALJ failed to provide good reasons, supported by substantial evidence in the record, for discrediting the opinion of Murphy s treating physician. The ALJ also failed to explain what weight, if any, he was giving to the opinion of the physician who examined Murphy for the express purpose of providing evidence concerning her disability claim. Under these circumstances, I cannot affirm the ALJ s conclusions concerning the medical evidence, or his resulting RFC assessment. Remand is necessary for the ALJ to properly, and thoroughly, analyze all of the medical opinions of record. If the ALJ again determines that Dr. Suriar s opinion is entitled to little weight, the ALJ shall provide good reasons, supported by substantial evidence, for that determination. The ALJ shall also determine, and explain, the weight to be given to Dr. Scher s opinion. If the ALJ deems it appropriate, he may order a new consultative examination to provide additional evidence concerning the nature and severity of Murphy s impairments, including symptoms, diagnosis and prognosis, what she is capable of doing despite the impairments, and the resulting restrictions. 15 C. Murphy s Unemployment Benefits While Murphy alleges that she has been disabled since April 30, 2009, the ALJ found that she collected unemployment benefits during the entire year of 2010 and at least the first quarter of 2011. AR 16. The ALJ noted that a claimant may not receive unemployment benefits without representing that he or she is willing and able to work. Id. The ALJ discussed Murphy s receipt of unemployment benefits while addressing her credibility and her motivation for seeking DIB. Id. Murphy does not deny that she received the unemployment benefits referenced by the ALJ, but appears to contend that the ALJ overemphasized this fact in finding that Murphy is not disabled. Murphy argues that it is error for an ALJ to rely on a claimant s receipt of unemployment benefits as the sole reason to discredit that claimant s credibility and deny benefits. Murphy is correct that the receipt of unemployment benefits, alone, does not conclusively direct a finding of not disabled. See, e.g., Johnson v. Chater, 108 F.3d 178, 180 81 (8th Cir. 1997) ( Applying for unemployment benefits may be some evidence, though not conclusive, to negate a claim of disability. ) (quoting Jernigan v. Sullivan, 948 F.2d 1070, 1074 (8th Cir. 1991)). Thus, had the ALJ started and ended his analysis with Murphy s receipt of unemployment benefits, Murphy would have a strong argument. Because that not is what happened, however, I do not know what Murphy is actually arguing. The ALJ cited Murphy s unemployment benefits as one of several reasons for his ultimate finding that she is not disabled within the meaning of the Act. If Murphy seeks to argue that unemployment benefits are entirely irrelevant, she is wrong. See, e.g., Johnson, 108 F.3d at 180 ( Finally, the Commissioner's decision to deny Johnson disability benefits is bolstered by the fact that Johnson received unemployment compensation during the time she claims to have been disabled. ). It was entirely appropriate for the ALJ to consider the fact that Murphy obtained unemployment benefits 16 during the period of time she claims to have been disabled. Because the ALJ did not base his adverse decision entirely on that fact, Murphy s argument has no merit. CONCLUSION For the reasons set forth herein, the Commissioner s determination that Murphy was not disabled is reversed and this case is remanded to the Commissioner for further proceedings. Judgment shall enter in favor of the plaintiff and against the defendant. On remand, the ALJ shall thoroughly re-analyze all of the medical opinions of record. If the ALJ again determines that Dr. Suriar s opinion is entitled to little weight, the ALJ shall provide good reasons, supported by substantial evidence, for that determination. The ALJ shall also determine, and explain, the weight to be given to Dr. Scher s opinion. If the ALJ deems it appropriate, he may order a new consultative examination to provide additional evidence. The ALJ shall then determine whether it is necessary to amend his prior assessment of Murphy s RFC and, if so, whether additional VE testimony is required in light of the revised RFC. IT IS SO ORDERED. DATED this 26th day of March, 2014. ________________________________ LEONARD T. STRAND UNITED STATES MAGISTRATE JUDGE 17


text:
(function( $, wp, _ ) {

	if ( ! wp || ! wp.customize ) { return; }
	var api = wp.customize;

	/**
	 * wp.customize.HeaderTool.CurrentView
	 *
	 * Displays the currently selected header image, or a placeholder in lack
	 * thereof.
	 *
	 * Instantiate with model wp.customize.HeaderTool.currentHeader.
	 *
	 * @constructor
	 * @augments wp.Backbone.View
	 */
	api.HeaderTool.CurrentView = wp.Backbone.View.extend({
		template: wp.template('header-current'),

		initialize: function() {
			this.listenTo(this.model, 'change', this.render);
			this.render();
		},

		render: function() {
			this.$el.html(this.template(this.model.toJSON()));
			this.setPlaceholder();
			this.setButtons();
			return this;
		},

		getHeight: function() {
			var image = this.$el.find('img'),
				saved, height, headerImageData;

			if (image.length) {
				this.$el.find('.inner').hide();
			} else {
				this.$el.find('.inner').show();
				return 40;
			}

			saved = this.model.get('savedHeight');
			height = image.height() || saved;

			// happens at ready
			if (!height) {
				headerImageData = api.get().header_image_data;

				if (headerImageData && headerImageData.width && headerImageData.height) {
					// hardcoded container width
					height = 260 / headerImageData.width * headerImageData.height;
				}
				else {
					// fallback for when no image is set
					height = 40;
				}
			}

			return height;
		},

		setPlaceholder: function(_height) {
			var height = _height || this.getHeight();
			this.model.set('savedHeight', height);
			this.$el
				.add(this.$el.find('.placeholder'))
				.height(height);
		},

		setButtons: function() {
			var elements = $('#customize-control-header_image .actions .remove');
			if (this.model.get('choice')) {
				elements.show();
			} else {
				elements.hide();
			}
		}
	});

	/**
	 * wp.customize.HeaderTool.ChoiceView
	 *
	 * Represents a choosable header image, be it user-uploaded,
	 * theme-suggested or a special Randomize choice.
	 *
	 * Takes a wp.customize.HeaderTool.ImageModel.
	 *
	 * Manually changes model wp.customize.HeaderTool.currentHeader via the
	 * `select` method.
	 *
	 * @constructor
	 * @augments wp.Backbone.View
	 */
	api.HeaderTool.ChoiceView = wp.Backbone.View.extend({
		template: wp.template('header-choice'),

		className: 'header-view',

		events: {
			'click .choice,.random': 'select',
			'click .close': 'removeImage'
		},

		initialize: function() {
			var properties = [
				this.model.get('header').url,
				this.model.get('choice')
			];

			this.listenTo(this.model, 'change:selected', this.toggleSelected);

			if (_.contains(properties, api.get().header_image)) {
				api.HeaderTool.currentHeader.set(this.extendedModel());
			}
		},

		render: function() {
			this.$el.html(this.template(this.extendedModel()));

			this.toggleSelected();
			return this;
		},

		toggleSelected: function() {
			this.$el.toggleClass('selected', this.model.get('selected'));
		},

		extendedModel: function() {
			var c = this.model.get('collection');
			return _.extend(this.model.toJSON(), {
				type: c.type
			});
		},

		getHeight: api.HeaderTool.CurrentView.prototype.getHeight,

		setPlaceholder: api.HeaderTool.CurrentView.prototype.setPlaceholder,

		select: function() {
			this.preventJump();
			this.model.save();
			api.HeaderTool.currentHeader.set(this.extendedModel());
		},

		preventJump: function() {
			var container = $('.wp-full-overlay-sidebar-content'),
				scroll = container.scrollTop();

			_.defer(function() {
				container.scrollTop(scroll);
			});
		},

		removeImage: function(e) {
			e.stopPropagation();
			this.model.destroy();
			this.remove();
		}
	});

	/**
	 * wp.customize.HeaderTool.ChoiceListView
	 *
	 * A container for ChoiceViews. These choices should be of one same type:
	 * user-uploaded headers or theme-defined ones.
	 *
	 * Takes a wp.customize.HeaderTool.ChoiceList.
	 *
	 * @constructor
	 * @augments wp.Backbone.View
	 */
	api.HeaderTool.ChoiceListView = wp.Backbone.View.extend({
		initialize: function() {
			this.listenTo(this.collection, 'add', this.addOne);
			this.listenTo(this.collection, 'remove', this.render);
			this.listenTo(this.collection, 'sort', this.render);
			this.listenTo(this.collection, 'change', this.toggleList);
			this.render();
		},

		render: function() {
			this.$el.empty();
			this.collection.each(this.addOne, this);
			this.toggleList();
		},

		addOne: function(choice) {
			var view;
			choice.set({ collection: this.collection });
			view = new api.HeaderTool.ChoiceView({ model: choice });
			this.$el.append(view.render().el);
		},

		toggleList: function() {
			var title = this.$el.parents().prev('.customize-control-title'),
				randomButton = this.$el.find('.random').parent();
			if (this.collection.shouldHideTitle()) {
				title.add(randomButton).hide();
			} else {
				title.add(randomButton).show();
			}
		}
	});

	/**
	 * wp.customize.HeaderTool.CombinedList
	 *
	 * Aggregates wp.customize.HeaderTool.ChoiceList collections (or any
	 * Backbone object, really) and acts as a bus to feed them events.
	 *
	 * @constructor
	 * @augments wp.Backbone.View
	 */
	api.HeaderTool.CombinedList = wp.Backbone.View.extend({
		initialize: function(collections) {
			this.collections = collections;
			this.on('all', this.propagate, this);
		},
		propagate: function(event, arg) {
			_.each(this.collections, function(collection) {
				collection.trigger(event, arg);
			});
		}
	});

})( jQuery, window.wp, _ );

redpajama_set_name: RedPajamaGithub


text:
Q: Audio.Media.EXTERNAL_CONTENT_URI list not updating after file delete I am querying MediaStore.Audio.Media.EXTERNAL_CONTENT_URI for all music files. It works just fine but whenever i want to delete a music file from my sdCard, the list won't update. Any idea how to update the list?
here's my code for getting music files:
    Cursor cursor;
    Uri uri = MediaStore.Audio.Media.EXTERNAL_CONTENT_URI;
    String selection = MediaStore.Audio.Media.IS_MUSIC + " != 0";

    cursor = getActivity().getContentResolver().query(uri, {"*"}, selection, null, null);

    if (cursor != null) {
        if (cursor.moveToFirst()) {
            do {
                String songName = cursor
                        .getString(cursor
                                .getColumnIndex(MediaStore.Audio.Media.DISPLAY_NAME));

                String path = cursor.getString(cursor
                        .getColumnIndex(MediaStore.Audio.Media.DATA));

                String albumName = cursor.getString(cursor
                        .getColumnIndex(MediaStore.Audio.Media.ALBUM));
                int albumId = cursor
                        .getInt(cursor
                                .getColumnIndex(MediaStore.Audio.Media.ALBUM_ID));

                songs.add(new SongItem(albumName, albumId, path, songname));

            } while (cursor.moveToNext());
        }
    }

A: The newly added files are added to the cursor and deleted file will not be removed actually.
For that we need to check whether the file is available or not. If not available delete that from database using content provider
This is how i fixed my issue:
        Uri files= MediaStore.Audio.Media.EXTERNAL_CONTENT_URI;
        Cursor cursor= managedQuery(files, STAR, null,null,null);
        cursor.moveToFirst();
        for(int r= 0; r<cursor.getCount(); r++, cursor.moveToNext()){
            int i = cursor.getInt(0);
         File file = new File(cur.getString(cur.getColumnIndex(MediaStore.Audio.Media.DATA)));

            if(file.exists()){
                // keep files if it is empty
                list.add("Keeping : " + cursor.getString(2) + " : id(" + i + ")");
            }else{
                // delete any play-lists with a data length of '0'
                Uri uri = ContentUris.withAppendedId(MediaStore.Audio.Playlists.EXTERNAL_CONTENT_URI, i);
                getContentResolver().delete(uri, null, null);
                list.add("Deleted : " + cursor.getString(2) + " : id(" + i + ")");
            }
        }
        cursor.close();

redpajama_set_name: RedPajamaStackExchange


Use the power of your thoughts that are written in your essay to convince people in what you have opinion on. The persuasive essay can be based on your point of view on any subject matter. It may concern your attitude towards raising your salary, existing love and friendship, or any other controversial idea or topic that many people have different opinions on. You have to present your point of view, support it and defend. The ability to correctly deliver your thoughts in an essay is necessary for everyone. There are a lot of good persuasive essays that you can find using essay writing service.
If you have this opportunity, consider the arguments that you will be able to defend. Hassle only obstructs your successful writing. Don't try to create a great essay on five paragraphs in an hour. Take some time for brainstorming, writing and checking the outcome.
Come up with main points.
Remember your goal is to convince the reader into agreeing with you or, at least, recognizing that your idea is valid. Take a clear position in order to show that you have chosen one side over all the others if you want them to believe your words. Try to be well-defined about your reasons and details, keep in mind that it's not the reader's job to connect your ideas. Very important step before writing it's considering your audience. If you're trying to convince, learn who is that person, who would disagree with you and why.
The introduction is considered to be the most important part of the essay. A good introduction provides general information on your essay, and help to interest them in that topic even more. Start with the some "trick". This should be the first sentence that will attract the attention of the reader. It may be a question, humorous situation, an anecdote, a fact, or a quote. Then give some background information in order to explain why this topic is important. The last thing in your introduction represents the thesis statement. Include in your thesis the main arguments for the better effect.
In the main part you must have three paragraphs, at least. Each paragraph have to contain a basic idea that relates to part of your argument. In these paragraphs t you must prove your point of view and provide evidence. You don't have to forget that without evidence the arguments will not sound very persuasive. It also has to be supported with reasons and details. For example, to have a strong argument you will need, at least, three reasons. Use the facts and refer to some statistics. Proven facts allow people to rely on something.
Use the counter-argument which is opposing view or the view of a person who would disagree with your opinion. This way is used to show that you have considered both sides and you've made a decision.


Perhaps my favorite thing about Guru Burgers & Crepes -- the subject of this week's cafe review -- is that the tiny restaurant in Sugar Land's Town Square has zero obligation to be good. Sugar Land is the land of chain restaurants grouped around fake bodies of water and oddly-named global buffets. It's not generally where destination restaurants set up shop.
But with Guru Burgers -- and soon, most likely, with the new location of Aura in Town Square as well -- Sugar Land has a destination restaurant indeed. Even if it seems like just another burger joint at first glance.
And if I don't hang around Guru Burgers' cozy, subway-tiled bar to grab a growler of beer to go, I'll walk across the street to the Sugar Land location of Flying Saucer. Nowhere in the entire city has two such terrific beer bars in such close proximity to one another than here in Sugar Land Town Square. Consider that before dismissing the area off-hand -- especially those beer nerds among you.
But while food nerds like myself may be eager to make the drive for peanut-butter-and-plaintain-topped burgers like The King, Guru Burgers likely wouldn't survive in its suburban location if it didn't offer something for everyone.
That's why Guru Burgers allows you to pick from a selection of other burgers made with proteins that range from turkey and chicken to lamb and salmon. (The same wide selection is available on the crepes side of its menu, too.) Gluten-free? Guru Burger offers both gluten-free hamburger buns and crepe batter. Don't want a whole burger? Anything can be made into a slider. Want a side of fries? Choose the type of vegetable - potato, sweet potato, yucca or beet - and then choose from four different toppings.
The possibilities for customizing your meal here are endless, and none of them are half-assed, which gives Guru Burger another niche into which it can tuck itself nicely: a place where foodies and picky eaters can co-exist in glorious harmony.
Read more about Guru Burgers & Crepes in this week's cafe review and see more photos from its chic, cozy interior in our slideshow.


Specially formulated for large roaches. Easy-to-use, child-resistant baits contain no vapors or odors. Slow-acting formula allows roaches to return to their nest to poison other roaches. Can be used in several locations simultaneously; no monitoring needed. Includes 8 disc traps.


"Weave of Carpets in Armenia. Historical-Ethnographic Research" by V.S.Temurchyan.
Publisher: Publishing House "of the Academy of Sciences of Armenia, Yerevan, ARMENIA.
Illustrated: YES, more than 50 B/W photos.
In this historical-ethnographical research the reader can find everything about Armenian Ancient and Modern Carpets. VERY RARE BOOK!!!


"On a scale of 1-to-10: How likely is it that you would recommend our online Cameron Park DMV licensed traffic school to a friend, and why?"
Easy to use and well written.
This was a great course that covered all the necessary information in a very intuitive manner. Thank you for putting it together.


text:
Q: WKWebview loaded page does not interact properly I am trying to view the website https://www.methodenguide.de/basic inside a WKWebView. The website itself loads, but it doesn't behave as it should or as it does in Safari:

*

*The boxes on the homepage don't show images

*Links don't load targetet urls (didFinish navigation method says page is loaded instantly, but in fact nothing seems to happen)

*Navigation menu is not shown properly (compared to Safari view).

The website works perfectly in Safari on the iPhone, so there seems to be a problem with the WKWebView, but I have no clue where to look ...
Any help is appreciated, as I'm fairly new to iOS / Swift development!
Thanks in advance, everybody :)

    @IBOutlet weak var website: WKWebView!

    override func viewDidLoad() {
        super.viewDidLoad()

        website.navigationDelegate = self

        let request = URLRequest(url: URL(string: "https://www.methodenguide.de/basic")!)

        website.load(request)

        website.addObserver(self, forKeyPath: #keyPath(WKWebView.estimatedProgress), options: .new, context: nil)
        website.addObserver(self, forKeyPath: #keyPath(WKWebView.title), options: .new, context: nil)

    }

func webView(_ website: WKWebView, didStartProvisionalNavigation navigation: WKNavigation!)
    {
        print("Began loading page")
    }

    func webView(_ website: WKWebView,
                 didFinish navigation: WKNavigation!)
    {
        print("Finished loading page")
    }

A: The answer lies in the info.plist. You need to enable http (not secure) connections as the images are loaded via ajax or the certificate is not secure.
App Transport Security Settings:
Allow Arbitrary Loads in Web Content
Allow Arbitrary Loads

Set both to YES.


This film is about my perception of a journey within CPH:DOX 2017. I described my thoughts and my experiences : The air I breathed, the architecture I discovered and the people I talked with. I relate to everyday as It happens in a filmic vision, my vision of an abstract and experimental form of documentarism.


text:
At Mountain Phoenix, fostering an environment of equity and inclusion is part of our school culture.
We support and embrace diversity in all its forms, including differences in ethnicity, cultural and religious heritage, sexual orientation, socioeconomic background, geographic origin, and family structure.
We provide our students with a rich, inclusive curriculum that reflects the world in which we live and fosters a safe atmosphere where every member of the community is respected and multiple viewpoints can be peacefully expressed.
Education Positions
Before/Aftercare Staff Members
Substitutes Positions
Early Childhood Substitute Teachers
For Aftercare Substitute Position inquiries: reach out to Stephanie O'Friel at sjofriel@jeffcoschools.us
For Grades & Upper School Class Substitute Position inquiries: reach out Suzy Ross-Kumley at srosskum@jeffcoschools.us
If you have any questions or are interested in the substitute positions, please email Susan.Ross-Kumley@jeffco.k12.co.us.
You can find salary scales at these links:
MPCS Salary Scales
Lively Arts Homeschool Salary Scales
Equal Opportunity and Non-Discrimination
As a public entity and an employer, Mountain Phoenix Community School is bound by a set of state and Federal laws regarding equal opportunity and non-discrimination. The school is dedicated to the principles of equal opportunity and prevention of harassment in all of its practices. We prohibit unlawful discrimination or harassment against individuals on the basis of age 40 and over, race, sex, sexual orientation, gender identity, marital status, color, religion, national origin, disability, military status, genetic information, or any other status protected by applicable state or local law. Any employee who has been the subject of discrimination or harassment may bring questions, concerns, and/or complaints to either the School Director or the Mountain Phoenix Governing Council.


Implementation of first SCHLÜSSELBAUER plant in North America.
When dealing with SCHLÜSSELBAUER North America you will soon realize that it is SCHLÜSSELBAUER's philosophy to manufacture and support the best production plants in the world for the benefit of people and the industry. SCHLÜSSELBAUER accomplishes this mission by operating as a single point complete supplier of production plants and automation. The concrete pipe and pre-cast structures industry market share has been eroded by the infiltration of inferior alternatives, distribution of low quality products and the lack of capacity.
Our goal is to offer producers the opportunity to manufacture in a true industrial setting with the highest quality products at the lowest production cost and to regain the lost or eroded market share and grow our industry.


text:
argos
=====

Argos is a lightweight PHP framework for people who just want to get their work done


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The huts of the sheep farmers who visit the island from time to time and the two small chapels at Konakia and Panagitsa are the sole evidence of human presence on the island today.
Rural dirt roads run through the central mountainside but they are narrow and inaccessible at some points. They were once opened for shepherds, since there are more than 7,000 sheep and goats that graze freely on the island.
Keros looks like a naked lying woman at night under the light of the moon, when you gaze upon the island from Pano Koufonisi. This human shape that is brought out by the ridge of the island is supposed to have inspired the creators of the famous female figurines of the Early Cycladic Civilization. For more information on the archaeological treasures of Keros see Section Culture.


The Ontario election campaign is fully underway, the Campaign Gears team wanted to take a few minutes to look at the effectiveness of polling. In a recent article on tvo.org by Steve Paikin, he writes on the stark difference between headlines and poll results and concludes that polls are only a snapshot in time and not conclusive of election day results. He's not wrong, but he's also missing a huge element of elections – the actual campaigns.
In our experience, the difference between winning and losing is in the campaign itself. It's in our name, we should know!
What Paikin and so many others who write on the ineffectiveness of polling miss is that polls are based on a predetermined potential turnout of votes. That predetermination defines the sample size, demographics, and voter locations. Based on that, a snapshot of what the vote might be is taken. This is precisely where polls get it wrong.
Each political campaign begins with what we call a "win-number" the number of votes needed to literally win an election. That number is based on who we think will vote for a given candidate; who they are, where they live, what issues are important to them etc. Then we develop a campaign to secure those votes. Traditionally, the win-number was calculated based on prior elections and voter turnout, but in 2018 those numbers are less and less predictable as Canada's electorate is more rapidly changing than ever before.
It's not that polls are inaccurate, it's that the sample size they are drawing from is inaccurate. The reasons behind chosen sample size vary, but what often is the issue is the cost of the poll. The smaller the sample size the less accurate it will be. A more effective poll would factor in the presumed demographics for each candidate running as well as the likely voter turnout, but that often costs more.
On top of that, in Canada's Parliamentary system there isn't one election happening, there are many, one for each riding. Ridings can vary widely in terms of party support. Rarely do the polls actually get enough sample in each riding to make accurate predictions.
As more and more candidates find niche voting groups, accurate polling needs to ensure that that those votes are factored in.
If you're interested in running for office, running a campaign, or in fact based polling reach out to the Campaign Gears team today!


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Polydepth series are constructed of thermally bonded polypropylene microfibers to ensure high efficiency. The filter incorporates a rigid polypropylene center core for increased collapse strength and durability. These cartridges will not impart taste, odor or color of the filtered water which makes it ideal for food and beverage applications. The recommended temperature limit of 79.4°C allows it to be used in many hot water applications.


text:
external help file: Rubrik-help.xml
Module Name: Rubrik
online version: https://rubrik.gitbook.io/rubrik-sdk-for-powershell/command-documentation/reference/remove-rubrikreport
schema: 2.0.0
---

# Remove-RubrikReport

## SYNOPSIS
Removes one or more reports created in Rubrik Envision

## SYNTAX

```
Remove-RubrikReport [-id] <String> [[-Server] <String>] [[-api] <String>] [-WhatIf] [-Confirm]
 [<CommonParameters>]
```

## DESCRIPTION
The Remove-RubrikReport cmdlet is used to delete any number of Rubrik Envision reports

## EXAMPLES

### EXAMPLE 1
```
Get-RubrikReport | Remove-RubrikReport -Confirm:$true
```

This will delete all reports and force confirmation for each delete operation

### EXAMPLE 2
```
Get-RubrikReport -Name 'SLA' -Type Custom | Remove-RubrikReport
```

This will delete all custom reports that contain the string "SLA"

### EXAMPLE 3
```
Get-RubrikReport -id '11111111-2222-3333-4444-555555555555' | Remove-RubrikReport -Confirm:$false
```

This will delete the report id "11111111-2222-3333-4444-555555555555" without confirmation

## PARAMETERS

### -id
The Rubrik ID value of the report

```yaml
Type: String
Parameter Sets: (All)
Aliases:

Required: True
Position: 1
Default value: None
Accept pipeline input: True (ByPropertyName)
Accept wildcard characters: False
```

### -Server
Rubrik server IP or FQDN

```yaml
Type: String
Parameter Sets: (All)
Aliases:

Required: False
Position: 2
Default value: $global:RubrikConnection.server
Accept pipeline input: False
Accept wildcard characters: False
```

### -api
API version

```yaml
Type: String
Parameter Sets: (All)
Aliases:

Required: False
Position: 3
Default value: $global:RubrikConnection.api
Accept pipeline input: False
Accept wildcard characters: False
```

### -WhatIf
Shows what would happen if the cmdlet runs.
The cmdlet is not run.

```yaml
Type: SwitchParameter
Parameter Sets: (All)
Aliases: wi

Required: False
Position: Named
Default value: None
Accept pipeline input: False
Accept wildcard characters: False
```

### -Confirm
Prompts you for confirmation before running the cmdlet.

```yaml
Type: SwitchParameter
Parameter Sets: (All)
Aliases: cf

Required: False
Position: Named
Default value: None
Accept pipeline input: False
Accept wildcard characters: False
```

### CommonParameters
This cmdlet supports the common parameters: -Debug, -ErrorAction, -ErrorVariable, -InformationAction, -InformationVariable, -OutVariable, -OutBuffer, -PipelineVariable, -Verbose, -WarningAction, and -WarningVariable. For more information, see [about_CommonParameters](http://go.microsoft.com/fwlink/?LinkID=113216).

## INPUTS

## OUTPUTS

## NOTES
Written by Chris Wahl for community usage
Twitter: @ChrisWahl
GitHub: chriswahl

## RELATED LINKS

[https://rubrik.gitbook.io/rubrik-sdk-for-powershell/command-documentation/reference/remove-rubrikreport](https://rubrik.gitbook.io/rubrik-sdk-for-powershell/command-documentation/reference/remove-rubrikreport)


text:
Tesla is about to make cars very differently – faster, cheaper.
The construction of vehicles is a very well established and understood process. While there are definitely variances between automakers, for the most part, they all use very similar techniques....
Posted by	Jason Cartwright	on September 26, 2020
The construction of vehicles is a very well established and understood process. While there are definitely variances between automakers, for the most part, they all use very similar techniques.
The reason for this commonality is very simple – it works and what we have today has been achieved by iterations and learnings over a number of decades.
So far, Tesla has followed a fairly similar model, assembling the body form a large number of individual parts however, all that is about to change.
Manufacturing experts like Sandy Munro highlighted potential areas for improvement with the rear section of the Model Y. A couple of years later, Tesla implemented a big change with the Model Y, they began casting a single large aluminum section for the rear assembly. This dramatically simplified the production of the Model Y.
This simplification is critical in reducing the production time of each vehicle, with a nice side effect being reduced weight and cost savings. This also reduced the costs of the robots that were used to assemble the 70 components.
This one change, reduced the number of parts in this section of the car from around 70, down to just 1. Not only is a single part faster to produce, but simplifies things, reducing the possibility for issues in the assembly process, making manufacturing more reliable.
Buying a Tesla? Please use our unique referral link for free Supercharging –
https://ts.la/jason45054
When Tesla made this change, they took the opportunity to review all options to include things like suspension mount points, cable runs, and more on the rear casting. It's this kind of opportunistic thinking that challenges the status quo, that many other automakers simply don't do.
Naturally, once you find improvements like this, you want to repeat them in other areas. With the change working so well in the Model Y, it's not surprising Elon Musk has considered expanding this to an even larger scale.
Casting small to medium aluminum components is nothing new, with aluminum engine blocks now common in ICE vehicles. That said, scaling up the size of parts produced in aluminum isn't easy, in fact, it's quite problematic, with many issues needing to be overcome to accomplish it.
Firstly, the machines required would consume a large amount of valuable space inside factories, but secondly, they just don't exist in volume, therefore they often have to be custom-built which is also incredibly expensive. This is why most other manufacturers would cast multiple smaller components and weld them together, it's easier, but not better.
Last week, during Tesla's Battery Day investor event, Elon Musk revealed they are moving to a new way of building vehicles.
The entire front section and entire rear section of the underbody will be cast in whole pieces of aluminum. The machine used to do this, is now known as the Giga Press, the largest aluminum die casting machines in the world.
Made by Idra Group in Italy, they are reported to have a clamping force of 55,000 to 61,000 kilonewtons (5,600 to 6,200 tf). Each machine weighs 410–430 tonnes, so it's also not something you can just install anywhere, you need very serious foundations to support that kind of weight.
Included in Tesla's Q2 2020 Update, was a photo of a Giga Press in Tesla's Shanghai Gigafactory on the Model Y line.
Recently Musk visited their latest rapidly evolving European Gigafactory in Germany. During the trip, he revealed that the Model Y will be 'radically redesigned' and now we know what he meant by that.
The Freemont factory is pretty full, so adding massive casting machines isn't as practical as it is in new factories. At least for now, Tesla are installing a second Mega Press at their Freemont factory, outside and thanks to some crafty drone shots, we can see that being installed.
Source: Electrek
The changes to vehicle production doesn't stop there. Tesla are also re-imagining how the floor of the vehicle comes together.
Instead of batteries being installed into packs and then packs being installed into the chassis, the battery cells will now installed into the floor of the vehicle directly, which will also supply cooling to the surface of the larger 4680 cells.
These new cells will combine to become a structural component, as seen below in this mock-up in Munro's latest video. These 3 components, will combine to create the entire substructure of the car.
Back in July 2019, we learned that Tesla had patented a massive whole vehicle casting machine. While the drawing used in the patent application shows an entire vehicle being cast (inc parts of the upper body as well), in the short-term, it seems they're focused in the shorty-term on just the complex undercarriage, but this perhaps foreshadows even greater ambitions for optimisations and single casting.
It's not clear how fast the parts can be created, but clearly, the production time would be a dramatic improvement over previous techniques of making, then assembling the individual compontents.
Sure, the cost of custom-built gigantic casting machines is likely to be in the millions, with enough volume, they will lower the cost per vehicle.
Sandy has a great new episode on the Munro Live YouTube Channel talking about this manufacturing revolution by Tesla. If you haven't watched it yet, it's definitely worth a watch.
Typically automakers invest in a vehicle development process that takes around 4-6 years to complete. Once the vehicle ships, the goal is to then produce as many as they can without making changes, to pay back R&D expenses, then hopefully make a little profit.
As the years roll on, we'll typically see few designers thrown at the task of refreshing the front, changing some colours on the interior, but largely keeping the car the same. These tweaks can last many, many years as the manufacturer extracts maximum value from their investments.
That tried and true model has worked well, but now there's a very different competitor, one that plans on making millions of vehicles in the future, so in these early years of growing up, Tesla are proving they're willing to rethink and invest in making the best machine that makes the machines.
Musk expressed during Battery Day that he believes everyone will eventually many EVs, everyone will eventually figure out autonomy, but the winners in the future will be whoever can make the best factories.
As Tesla finds new ways to drive down costs, it positions them well to head towards a more affordable car that many more people could afford. At an estimated US$25,000, that would be affordable by many, many more people.
If demand is strong for a Model 3 and Model Y at their current premium prices, then a cheaper Tesla that features great performance, range, and autonomy features is also likely to be a smash hit. That's due in 2023 and we'll be watching closely on Telsa's progress.
GigaPressManufacturingModelYTesla
Jason Cartwright
Creator of techAU, Jason has spent the dozen+ years covering technology in Australia and around the world. Bringing a background in multimedia and passion for technology to the job, Cartwright delivers detailed product reviews, event coverage and industry news on a daily basis. Disclaimer: Tesla Shareholder from 20/01/2021
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Elon Musk has announced the price of their Full-Self Driving software upgrade, will increase to US$12,000 on January 17th (just over a week from now). Currently, the price of...
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What Tesla achieved in Quarter 4 of 2021 was nothing short of amazing. The company produced 305,840 vehicles, a dramatic increase over the 179,757 produced during the same time...
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Christmas this year comes with a gift of a new Software Update for Tesla owners. The long-awaited version 11 of the software is now here. Is morning Tesla shared...


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Every person applying for one of our rentals has to go through a background check. Once you have demonstrated interest in a property and a desire to move ahead with the rental process, we will give you a background application to fill out. Every adult residing at the premises will have to fill one out whether or not they plan on being on the lease officially.
Please fill out the application below. Payment will be due prior to us running the report, though you may fill out the report at any time at no initial cost. The cost for us to run a background check is $30/adult. You can pay cash, check or money order to Seward Properties as detailed at the top of the application.
The cost for us to run a background check is $30/adult. You can pay cash, check or money order to Seward Properties.
* Please note, it is helpful if you email or call us to let us know which property you are applying for. Spring is a busy season and we are getting about 30 applications per week. It also helps if you put correct information for your rental references as you will not be approved until we can contact them.
The Team at Seward Properties is the largest property management company in Seward, Alaska.


Learning about God is a passion-filled pastime for American Christians. The U.S. Christian publishing market is $1.2 billion, around 10% of the broader U.S. publishing market. Christians buy more books and spend more money on books than the average reader. Of all the spiritual practices, we are most likely to gather together to learn and share. The growth of small group ministries and Bible Study groups across the U.S. is evidence of our desire to understand and learn about Christ and our faith through the Bible, our pastors, theologians, and others God has gifted.
"Everyone who goes on ahead and does not abide in the teaching of Christ, does not have God. Whoever abides in the teaching has both the Father and the Son" (2 John 1:9).
The blog posts and resources assembled here are designed to offer a variety of perspectives from teachers and theologians to help you learn about Jesus Christ and His teachings. We hope you will find the resources inspiring and encouraging as you journey to build your faith and grow in your relationship with Christ.
The post Learn appeared first on EtchLife.


Last year, we introduced 17 new features and improvements! Find out what they are.
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