A pure DOT-based assault on the vocational expert's identification of an occupation followed by the dance off the hook, it represents other occupations in other industries. The depth of vocational expert push to identify work regardless of the truth and to defend the indefensible never surprises me, anymore. I expect it.
The vocational expert testified to information clerk, DOT 237.367-046. This identification came in response to a question that assumed a range of sedentary work with simple, repetitive tasks.
237.367-046 TELEPHONE QUOTATION CLERK (financial) alternate
titles: information clerk, brokerage; quote clerk; telephone-information clerk
Answers telephone calls from customers
requesting current stock quotations and provides information posted on electronic
quote board. Relays calls to REGISTERED REPRESENTATIVE (financial) 250.257-018
as requested by customer. May call customers to inform them of stock
quotations.
GOE: 07.04.04 STRENGTH: S GED: R3 M2 L3 SVP: 2 DLU: 77
GOE: 07.04.04 STRENGTH: S GED: R3 M2 L3 SVP: 2 DLU: 77
The vocational expert identified this occupation as
requiring reasoning level 2. The DOT
describes the work as requiring reasoning level 3. The DOT defines reasoning level as:
03 LEVEL REASONING DEVELOPMENT
Apply
commonsense understanding to carry out instructions furnished in written, oral,
or diagrammatic form. Deal with problems involving several concrete variables
in or from standardized situations.
02 LEVEL REASONING DEVELOPMENT
Apply
commonsense understanding to carry out detailed but uninvolved written or oral
instructions. Deal with problems involving a few concrete variables in or from
standardized situations.
01 LEVEL REASONING DEVELOPMENT
Apply
commonsense understanding to carry out simple one- or two-step instructions.
Deal with standardized situations with occasional or no variables in or from
these situations encountered on the job.
Quotation clerk or information clerk is not simple, repetitive work. The testimony conflicts with and fails to
provide a reasonable basis for resolving that conflict. 20 C.F.R. § 404.1566(d)(1); Social Security
Ruling 00-4p.
The vocational expert conceded that the occupation with a
primary function of answering phone calls for current stock quotations and
providing information posted no longer exists.
The vocational expert suggested that other types of information giving
clerks could exist in the national economy.
The testimony lacks specificity and did not rely on a labor market
survey.
An information clerk in the clerical industry (and thus
applicable across industry lines) requires reasoning level 4 and is
semi-skilled.
237.367-022 INFORMATION CLERK (clerical)
Answers inquiries from persons entering
establishment: Provides information regarding activities conducted at
establishment, and location of departments, offices, and employees within
organization. Informs customer of location of store merchandise in retail
establishment. Provides information concerning services, such as laundry and
valet services, in hotel. Receives and answers requests for information from
company officials and employees. May call employees or officials to information
desk to answer inquiries. May keep record of questions asked.
GOE: 07.04.04 STRENGTH: S GED: R4 M2 L3 SVP: 4 DLU: 86
GOE: 07.04.04 STRENGTH: S GED: R4 M2 L3 SVP: 4 DLU: 86
The oft-cited information clerk in thetransportation-related industries requires reasoning level 4 and requires light
exertion because of the standing.
237.367-018 INFORMATION CLERK (motor trans.; r.r. trans.; water
trans.) alternate titles: travel clerk
Provides travel information for bus or train
patrons: Answers inquiries regarding departures, arrivals, stops, and
destinations of scheduled buses or trains. Describes routes, services, and
accommodations available. Furnishes patrons with timetables and travel literature.
Computes and quotes rates for interline trips, group tours, and special
discounts for children and military personnel, using rate tables.
GOE: 07.04.04 STRENGTH: L GED: R4 M2 L3 SVP: 2 DLU: 77
GOE: 07.04.04 STRENGTH: L GED: R4 M2 L3 SVP: 2 DLU: 77
The vocational expert’s concession that the telephone
quotation clerk does not continue to exist as described in the DOT but that
other occupations provide information over the telephone finds its answer in
the DOT — information clerks are semi-skilled and require reasoning level
4. The failure of the vocational expert
to identify the occupation identified as requiring reasoning level 3 provides
ample basis to conclude that the occupation fails to meet the requirements of
the hypothetical posed.
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