SSA uses five steps of Sequential Evaluation to determine whether disability applicants qualify for benefits. At steps 4 and 5 of this process, adjudicators need information about a representative sample of occupations in the national economy to determine whether people with functional limitations resulting from severe impairments can still perform work. Currently, SSA uses the Dictionary of Occupational Titles (DOT) at steps 4 and 5, and it has not been updated in more than 20 years. SSA is developing an Occupational Information System to replace the DOT which will incorporate the data collected through ORS. This information is crucial to the equitable and efficient operation of SSA‘s disability programs.The ORS gathers data according to Labor's understanding of SSA needs. The Collection Manual, Third Edition, describes the data and defines the terms. Chapter 7 describes the physical demands of work to perform the critical tasks. Sitting vs. standing/walking at will exists when:
- Workers typically have the flexibility to choose between sitting and standing throughout the day.
- There is no assigned time during the day to sit or stand/walk.
- No external factors determine whether workers must sit or stand/walk.
Collection Manual, page 78. Examples of sitting vs. standing/walking at will include:
- An office clerk can choose when to file and typically stands while filing invoices.
- A pharmaceutical sales rep driving to clients can choose when to make trips and additional stops.
- An elementary teacher may sit or stand to instruct students and while monitoring them on duties.
Id. Examples of work that is not classified as sitting vs. standing/walking at will include:
- An over-the-road truck driver must meet a delivery schedule. He stops to refuel and for weigh stations.
- An event parking lot attendant must stand when cars are entering the parking lot to accept payment and direct cars.
- A security guard chooses to sit or stand, except when she walks to investigate suspicious situations.
Id. The SSO envisions the worker performing the same tasks while either sitting or standing. If that option exists for all workers, it is not an accommodation. Id., page 9.
The phrasing of a sit/stand option (SSO) represents a different problem than sitting v. standing/walking at will. The ORS defines sitting as the function critical to performing work:
- Workers remain in a seated position. This includes active sitting. For instance, bicyclists sit but pushes/pulls with their feet/legs.
- Workers are inactive and seated or prone. For instance, a medical resident on call for a thirty-hour shift taking a strategic nap is sitting.
- Workers may choose between sitting and standing for a given task. For example, office workers can choose a standing desk.
Id., page 73. An occupation that permits the worker to choose between sitting and standing at will throughout the day to perform the sames tasks carries the descriptor of sitting, not standing/walking.
The broad classification of production occupations (SOC 51-0000.00) would not permit an SSO throughout the day:
Series ID: ORUP1000047P00001002
Not seasonally adjusted
Series Title: production occupations; % of day sitting is required (90th percentile)
Requirement: Physical Demands
Occupation: Production Occupations
Estimate: % of day sitting is required (90th percentile)
| Year | Period | Estimate |
|---|---|---|
| 2018 | Annual | 66.7 |
A significant range of production occupations do have the ability to change tasks during the workday:
Series ID: ORUP1000047P00000139
Not seasonally adjusted
Series Title: % of workers in production occupations; sitting vs. standing/walking at will is allowed
Requirement: Physical Demands
Occupation: Production Occupations
Estimate: sitting vs. standing/walking at will is allowed
| Year | Period | Estimate |
|---|---|---|
| 2018 | Annual | 15.1 |
Production occupations represent 9.4 million jobs in the economy and 6.5 million jobs in the manufacturing sector. This includes every line item SOC group with the first two digits of 51. Production occupations (SOC 51-0000.00) is summary designation that includes smaller summary designations and line items (specific SOC designations).
The broad classification of transportation and material moving occupations (SOC 53-0000.00) warrants individual occupational group investigation on the question of SSO:
Series ID: ORUP1000048P00001002
A less significant range of transportation and material moving occupations do have the ability to change tasks during the workday:
Series ID: ORUP1000048P00000139
Transportation and material moving occupations represent 10.8 million jobs in the economy and just under 1 million jobs in the manufacturing sector. This includes every line item SOC group with the first two digits of 53. Transportation and material moving occupations (SOC 53-0000.00) is summary designation that includes smaller summary designations and line items (specific SOC designations).
Series ID: ORUP1000048P00001002
Not seasonally adjusted
Series Title: transportation and material moving occupations; % of day sitting is required (90th percentile)
Requirement: Physical Demands
Occupation: Transportation and Material Moving Occupations
Estimate: % of day sitting is required (90th percentile)
| Year | Period | Estimate |
|---|---|---|
| 2018 | Annual | 90 |
A less significant range of transportation and material moving occupations do have the ability to change tasks during the workday:
Series ID: ORUP1000048P00000139
Not seasonally adjusted
Series Title: % of workers in transportation and material moving occupations; sitting vs. standing/walking at will is allowed
Requirement: Physical Demands
Occupation: Transportation and Material Moving Occupations
Estimate: sitting vs. standing/walking at will is allowed
| Year | Period | Estimate |
|---|---|---|
| 2018 | Annual | 9.4 |
Transportation and material moving occupations represent 10.8 million jobs in the economy and just under 1 million jobs in the manufacturing sector. This includes every line item SOC group with the first two digits of 53. Transportation and material moving occupations (SOC 53-0000.00) is summary designation that includes smaller summary designations and line items (specific SOC designations).
The cross-examination path when a vocational expert identifies work permitting an SSO focuses first on the availability of the SSO to all workers. If the SSO is not available to all workers, it is an accommodation.
Second, cross-examination must establish whether the worker has more than one critical work function that requires different positions (sitting or standing/walking). Those occupations do not have an SSO, they have the ability to choose when to perform other tasks as long as all the sitting and standing/walking tasks are done during the workday.
Third, cross-examination or post-hearing development must establish whether the ORS classifies the critical work functions as performed sitting or standing/walking. If the ORS classifies the work functions as standing/walking, the work does not permit an SSO. If the ORS classifies the work functions as sitting, then the work might permit an SSO. That might require further exploration of the first question.
An SSO is a devastating work limitation as described in SSR 83-12.
Unskilled types of jobs are particularly structured so that a person cannot ordinarily sit or stand at will.An SSO for unskilled jobs should be the exception, not the rule -- unless the Commissioner intends to rescind the statement of binding agency policy.
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