Vocational witnesses will concede the obvious ... sometimes. This scenario exemplifies that cutting edges of limitations that cut off sedentary unskilled work.
1. No public contact. A good substitute for no public contact is a limitation to simple repetitive tasks.
Either variation knocks out the ranges of clerical types of work. Charge-account clerks, election clerks, order clerks, call-out operators, etc. all require reasoning level three and the temperament for dealing with people. There are fourteen sedentary DOT codes with reasoning level 3 and most require dealing with people.
2. A unilateral limitation to occasional handling and fingering. A loss of dexterity substitutes for a loss of frequency but requires a good deal of cross-examination and research to get there.
Of the 137 unskilled sedentary DOT codes, 52 of them are production workers, all other. These jobs require assembly. Fourteen of the DOT codes work in quality control. Twelve are helpers - production workers. Ten are painting and coating workers. Six occupations are hand laborers.
Two or more limitations that impact the world of work in different ways, each eliminating a different class of work can result in a concession from the vocational witness that competitive work does not exist for that person, regardless of age. The problem takes on greater complexity at the light and medium ranges of exertion without an adversity of age because witnesses will rely on presumptive part-time work like ushers and ticket takers.
The Law Offices of Lawrence D. Rohlfing has represented the disabled since 1985 before the Social Security Administration, District Courts across the country, Circuit Courts of Appeal, and the United States Supreme Court. All rights reserved. Copyright 2018.
Subscribe to:
Post Comments (Atom)
-
The Ninth Circuit published Stiffler v. O'Malley , 102 F.4th 1102 (9th Cir. 2024) on May 28, 2024. The Court disposed on the second issu...
-
I wrote about the Reliability of the Occupational Requirements Survey in May 2022. This week, a vocational witness left this reply: Gilkis...
-
I wrote about the use of Mr. and Ms. in Writing Conventions -- Mr. and Ms. in February 2021. After watching of Your Honor on NetFlix, I t...
No comments:
Post a Comment