Simple Unskilled Work with the Work Function of Persuading

As we persist through the agonal days of the Dictionary of Occupational Titles, time still exists to disassemble vocational expert testimony based on apparent conflict with the DOT.  The typical basis for establishing conflict with the testimony and the DOT focus on the trailer information described in Appendix C.  I have suggested at NOSSCR conferences that we use the Data-People-Things codes found in Appendix B.  This post looks at the 11 unskilled occupations and one semi-skilled occupation occasionally identified as transitioned to unskilled with the fifth digit, of 5. 

The middle three digits "reflect relationships to Data, People, and Things, respectively. These digits express a job's relationship to Data, People, and Things by identifying the highest appropriate function in each listing." The 5th digit of the DOT code reflects the people function. When that 5th digit is a 5, the DOT informs that the occupation requires persuasion.

                               DOT             Name                                                St  SVP   GED

291.457-010	Cigarette Vendor	L	2	222
291.454-010	Lei Seller	L	2	222
292.457-010	Newspaper Carrier	L	2	222
295.357-018	Furniture-Rental Consultant	L	2	322
342.657-010	Barker	L	2	323
293.357-014	Fund Raiser II	L	2	323
293.357-018	Goodwill Ambassador	L	2	323
291.357-010	Sales Representative, Door-to-Door	L	2	323
342.357-010	Weight Guesser	L	2	323
291.457-014	Lounge-Car Attendant	M	2	222
291.457-022	Vendor	M	2	222
299.357-014	Telephone Solicitor	S	3	333

Some of the usual suspects are on the list. Furniture-rental consultant, fund raiser II, and telephone solicitor. The two medium occupations have reasoning level 2 as do three of the light occupations. The common factor in these 12 DOT codes is that 5th digit -- a 5. Appendix B defines that worker function as persuading. Appendix B refines that definition:

5 Persuading: Influencing others in favor of a product, service, or point of view.

The Revised Handbook for Analyzing Jobs gives examples of persuading as a worker function.

5 Persuading: Influencing others in favor of a product, service, or point of view.
5: 1 Sells services of industrial psychology firms to management officials.
5:2 Calls on farmers to solicit repair business and to sell new milking equipment. Demonstrates milking machines.
5:3 Offers articles at auction, asking for bids, attempting to stimulate buying desire of bidders and closing sales to highest bidder.
5:4 Sells all types of life insurance by pointing out company programs that meet clients' insurance needs.
5:5 Solicits membership for club or trade association. Visits or contacts prospective members to explain benefits and cost of membership and to describe organization and objective of club or association.
5:6 Contacts individuals and firms by telephone and in person to solicit funds for charitable organization.
5:7 Sells home appliances to customer after pointing out salable features of merchandise.
5:8 Calls on retail outlets to suggest merchandising advantages of company's trading stamp plan.
5:9 Promotes use of and sells ethical drugs and other pharmaceutical products to doctors, dentists, hospitals, and retail and wholesale drug establishments.
5:10 Purchases merchandise or commodities for resale.

Worker functions that require persuading are not simple. They might be a skills that a worker has to learn over time to gain proficiency. It is well beyond the suggestive-sell of a fast food worker, "you want fries with that?"

The ALJ must adduce a reasonable basis for accepting vocational expert testimony that conflicts with the DOT.  Social Security Ruling 00-4p.  Cross-examination becomes key.

"Do you consider the art of persuasion something that workers learn over time?"  
"If reading from a script is all that is necessary for telemarketers, do they need to learn how to read it persuasively?
"Is communicating in a persuasive manner a skill?"
"Is there anything in the medical-vocational profile framed in the ALJ's hypothetical question that suggests to you the ability to perform work functions that require the person to be persuasive?"

Demonstrate fluid application of the DOT in its native format and that might put an end to the VE punking you -- or do for you what it has done for me, provide convincing anecdotal evidence that the VE corps do not put much if any thought into their testimony.

Be aggressive on these "5" jobs, they require persuasion.