Simple Work -- Moving Beyond the R1 - R2 - R3 Distinction -- Dealing with Data as a Significant Worker Function

This is one of those questions where the circuits are split:  simple work and the reasoning level distinctions.  Hackett v. Barnhart found reasoning level 3 incompatible with simple routine work (call-out operator and surveillance systems monitor). Renfrow v. Astrue found no conflict between reasoning level 3 and simple work (telephone quotation clerk and charge account clerk). Terry v. Astrue found no conflict between reasoning level 3 and simple instructions in light of a high school diploma, training as a certified nurse's assistant, and capacity to follow simple instructions. Zavalin v. Colvin found reasoning level 3 in conflict with simple routine work (surveillance systems monitor and cashier). This is a view of the circuit split. Today we look at worker function and dealing with data. 

The DOT classifies four DOT codes (in four different occupational groups) as light, unskilled, reasoning level 2, and have significant worker functions with data: 

Data: 3 - Significant
Compiling: Gathering, collating, or classifying information about data, people, or things. Reporting or carrying out a prescribed action in relation to the information is frequently involved.

Compiling requires decision-making in at least the collating or classifying of information and in performing prescribed action in response to data.  The key work here is frequently.  Simple work with occasional decision-making should be excluded.    

The DOT classifies 11 DOT codes (in eight occupational groups) as light or medium, unskilled, reasoning level 2, and have significant worker functions with data: 

Data: 4 - Significant
Computing: Performing arithmetic operations and reporting on or carrying out a prescribed action in relation to them. Does not include counting.

Computing requires the manipulation of data.  It does not include simple counting.  Computing requires either reporting or taking prescribed action.  

The DOT classifies 32 DOT codes (in 15 occupational groups) as sedentary, light, or medium work; unskilled; reasoning level 2; and have significant worker functions with data: 

Data: 5 - Significant
Copying: Transcribing, entering, or posting data.

Copying is incompatible with off-task and making errors 5% of the workday.  A BFOQ of having the data correct is reasonable.  

The DOT classifies 165 DOT codes (in 32 occupational groups) as sedentary, light, medium, or heavy work; unskilled; 140 reasoning level 2; 25 reasoning level 1; and have significant worker functions with data: 

Data: 6 - Significant
Comparing: Judging the readily observable functional, structural, or compositional characteristics (whether similar to or divergent from obvious standards) of data, people, or things.

 Comparing requires judgment.  The presence of judgment as an important worker function takes the work out of basic work functions.  

Next we address significant worker functions of in more than one category in reasoning level 2 work.  

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SUGGESTED CITATION:

Lawrence Rohlfing, Simple Work -- Moving Beyond the R1 - R2 - R3 Distinction -- Dealing with Data as a Significant Worker Function, California Social Security Attorney (June 29, 2020) 

https://californiasocialsecurityattorney.blogspot.com/2020/06/simple-work-moving-beyond-r1-r2-r3_29.html