Documented Occupational Erosion Using BLS Data Accepted by the ALJ

I had a telephone hearing with an ALJ. Judge states that he found the pre-hearing brief persuasive and intends to award benefits for a younger individual, high school education in a foreign country, illiterate in English, past work semi-skilled and light. The residual functional capacity is for a limited range of light work: standing two hours; walking two hours. Clearly a mixed bag on the medical-vocational criteria. I attach an everything report from OccuCollect.com for the two occupations cited. The everything report includes the DOT, SCO, OOH, O*NET, and ORS data along with calculations for the common factors encountered. With those reports attached, here is the argument presented, the client's name replaced with CLAIMANT, to protect privacy:

The prior vocational expert testified to assembler of plastic hospital products (DOT 712.687-010) representing 115,000 jobs; assembler, electrical accessories (DOT 729.687-010) representing 20,000 jobs. The testimony is easily contradicted and rendered feeble. It is not substantial evidence. You should find CLAIMANT disabled under the Medical-Vocational Guidelines, Rule 201.17 by analogy.

1. Assembler of Plastic Hospital Products

Assembler of plastic hospital products is a light unskilled occupation. DICOT 712.687-010. Assembler of plastic hospital products belongs to the occupational group of production workers, all other (SOC 51-9199). Production workers, all other represents a large occupational group containing 1,590 DOT codes at all levels of exertion and skill. O*NET OnLine, DOT crosswalk, 51-9199. The Occupational Outlook Handbook describes production workers, all other, as representing 244,700 jobs in the nation with a typical educational requirement of a high school diploma or equivalent and typical on-the-job training of moderate-term — more than 30 days and up to one year. Occupational Outlook Handbook (2018), 51-9199.

Production workers, all other, have no minimum educational requirement in 49.1% of jobs. They require literacy in 31% of the jobs. That leaves 18.1% of the jobs is not requiring literacy. Production workers, all other, engage in unskilled work in 53% of jobs. Production workers, all other, engage in medium work in 63.9% of jobs. Production workers, all other, stand/walk 6.75 hours per day at the 25th percentile; 7.92 hours per day at the 50th percentile; and 8.0 hours per day at the 75th and 90th percentiles. There is no significant range of work in the occupational group of production workers, all other, that permit standing/walking equal to or less than four hours in an eight-hour day. Occupational Requirements Survey (2018), 51-9199.00.

2. Assembler of Electrical Accessories I

Assembler of electrical accessories I is a light unskilled occupation. DICOT 729.687-010. Assembler of electrical accessories I belongs to the occupational group of electrical and electronic equipment assemblers (SOC 51-2022.00). Electrical and electronic equipment assemblers is a large occupational group containing 61 DOT codes at all levels of exertion and skill. O*NET OnLine, DOT crosswalk, 51-2022. The Occupational Outlook Handbook describes electrical and electronic equipment assemblers as representing 218,900 jobs in the nation with a typical educational requirement of a high school diploma or equivalent and typical on-the-job training of moderate-term — more than 30 days and up to one year. Occupational Outlook Handbook (2018), 51-2022.

Electrical and electronic equipment assemblers have no minimum educational requirement in 26.7% of jobs. Literacy is required in all, 26.7% of jobs. Electrical and electronic equipment assemblers engage in unskilled work in 29.2% of jobs. Electrical and electronic equipment assemblers engage in light work and 28.3% of jobs. Electrical and electronic equipment assemblers do not sit at the 10th percentile; sit for hours per day at the 50th percentile; sit 6.4 hours per day at the 75th percentile; and sit 7.2 hours per day at the 90th percentile. Electrical and electronic equipment assemblers stand/walk 1.6 hours per day at the 25th percentile; 4.8 hours per day at the 50th percentile; 7.2 hours per day at the 75th percentile; and 8.0 hours per day at the 90th percentile. Very few electrical and electronic equipment assemblers meet the residual functional capacity assessed, but none of them meet the educational deficiency of illiteracy in English. Occupational Requirements Survey (2018), 51-2022.00.

3. Conclusion

A limitation to four hours of standing/walking in an eight-hour day erases the ability to perform light work. First and foremost, the ability to stand is far more important than the ability to walk for light work. Social Security Ruling 83-10. The primary difference between light and sedentary work is standing/walking. Id. You should apply Grid rule 201.17 and find CLAIMANT disabled.

The ALJ directed the vocational expert to the brief in the E section.  The vocational expert confirmed that the person could not perform any identifiable work.  Hearing concluded. 

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SUGGESTED CITATION:

Lawrence Rohlfing, Documented Occupational Erosion Using BLS Data Accepted by the ALJ, California Social Security Attorney (March 19, 2020)
http://californiasocialsecurityattorney.blogspot.com/2020/03/documented-occupational-erosion-using.html