George Peimonte and I had a great discussion on the NOSSCR Zoom meeting on Friday. I promised to answer all the questions. Here they are:
1.
Alise Kellman 12:26 PM
If I try to say I have no objection to the VW testifying,
some ALJs will ask if I object to their qualifications and if I say yes they go
ballistic
I do not object to the agency
calling the vocational witness and agree that the vocational witness meets the
qualifications set by SSA.
2.
Jacqueline Justice 12:38 PM
Since we are doing phone/zoom hearings using the O*Net seems
easy during the hearing. What are some tips for using rebuttal evidence when
(if?) we return to in person hearings? Laying some foundation about the
statistics seems reasonable, but I am not sure how to delve this deeply into
the specific jobs the VE testifies to in real time.
If your computer has internet access, you can pull up the
vocational sources in real time. If not,
your smartphone substitutes. Using your
phone as the tether for your computer to the internet works as well.
3.
Christine franco 12:37 PM
it would be helpful to see someone navigating the O*NET
system
Try www.occucollect.com
– that’s my resource. It puts all the
data into single everything reports so that you don’t miss key data on an
important part of the medical-vocational profile. Or you can manually access the data sets
individually.
Access the O*NET at: https://www.onetonline.org/.
Access the O*NET Resource Center at: https://www.onetcenter.org/.
Access the OOH at: https://www.bls.gov/ooh/.
Access the Employment Projections at: https://www.bls.gov/emp/tables.htm.
Access the ORS at:
https://www.bls.gov/ors/.
Access the OES at: https://www.bls.gov/oes/tables.htm.
Access the DOT at: https://www.dol.gov/agencies/oalj/topics/libraries/LIBDOT.
4.
Jenna Karr 12:20 PM
You mentioned "frequent interaction in 75% of
jobs." Where do you find the 75%?
For Office Helper:
Custom Report
for: 43-5021.00 - Couriers and Messengers
Cognitive Work Conditions
|
Interpersonal Relationships
|
%
|
Response
|
|
Contact With Others —
How much does this job require the worker to be in contact with others
(face-to-face, by telephone, or otherwise) in order to perform it?
|
70
|
Constant contact with
others
|
|
29
|
Contact with others most of
the time
|
|
0
|
Contact with others about half
the time
|
|
1
|
Occasional contact with
others
|
|
0
|
No contact with others
|
For Telephone-Directory Deliverer:
Custom
Report for: 51-9198.00 - Helpers--Production Workers
Cognitive Work Conditions
|
Interpersonal Relationships
|
%
|
Response
|
|
Contact With Others —
How much does this job require the worker to be in contact with others
(face-to-face, by telephone, or otherwise) in order to perform it?
|
39
|
Constant contact with
others
|
|
24
|
Contact with others most of
the time
|
|
20
|
Contact with others about
half the time
|
|
17
|
Occasional contact with
others
|
|
0
|
No contact with others
|
For Addresser:
Custom Report
for: 43-9022.00 - Word Processors and Typists
Cognitive Work Conditions
|
Interpersonal Relationships
|
%
|
Response
|
|
Contact With Others —
How much does this job require the worker to be in contact with others
(face-to-face, by telephone, or otherwise) in order to perform it?
|
69
|
Constant contact with
others
|
|
31
|
Contact with others most of
the time
|
|
0
|
Contact with others about half
the time
|
|
0
|
Occasional contact with
others
|
|
0
|
No contact with others
|
Frequent includes half the time and most of the
time. Not sure which occupation I
mentioned in this context. Leave a
comment below.
5.
Ronald Honig 12:28 PM
Courts have found that the job of addresser does not exist
in significant numbers. Brandie K.A. v.
Saul, 2020 WL 2572461, (C.D. Cal. May 21, 2020).
See also, Skinner v.
Berryhill, 2018 WL 1631275, at *5 (C.D. Cal. April. 2, 2018).
6.
Jenna Lopes 12:04 PM
Will the PPTs be available?
7.
From Avram Sacks to All Panelists: 12:03 PM
Are there materials?
Is a copy of the powerpoint available?
If so, please a link. Thanks.
8.
From Richard Weishaupt to All Panelists: 01:01 PM
please give cites of all sources it went by to fast
https://www.occucollect.com/account/?page=Training. Just sign up.
No subscription needed. You want
the Indiana Bar Occucollect Presentation Slides September 25, 2020. https://www.occucollect.com/account/pages/OccuCollect_Presentation_Presentation%20Sept%2025%202020%20rev%204.pdf.
9.
Julie Burkett 12:14 PM
Just this week, I had an ALJ at a hearing tell me he did not
have to accept rebuttal evidence because he gets to decide when the record is
complete and closed. I told him I could
have the rebuttal evidence to him that same day. He then told me he would not accept rebuttal
vocational evidence from me unless I was a qualified vocational expert
witness. I notice the case has moved to
decision writing and my brief (with rebuttal evidence) has not been marked as
an exhibit. I suspect he is not going to
consider my rebuttal evidence or arguments.
This is a Missouri case. Advice?
Administrative notice carries with it the right to
respond. Heckler v. Campbell, 461 U.S.
458, 469 (1983). Claimant submits
rebuttal evidence and requests that you resolve the conflict in the evidence
based on substantial evidence, not based on the proposition that testimony
trumps administrative notice. 20 C.F.R.
§ 404.1566(d); Social Security Ruling 00-4p.
A claimant can submit evidence to the Appeals
Council. 20 C.F.R. § 404.970(b). The rules for submission of evidence to the
ALJ before the hearing do not apply to rebuttal evidence. 81 Fed. Reg. 90987, 90991 (Dec. 16, 2016).
10. Jari
Martin 12:45 PM
Administrative Procedure Act 5 U.S.C. § 556(d) “A party is
entitled to present his case or defense by oral or documentary evidence, to
submit rebuttal evidence, and to conduct such cross-examination as may be
required for a full and true disclosure of the facts.”
Drop the mic.
11. Ivan
Katz 12:17 PM
The correct cite is 20 CFR Sec. 404.1566(d). It is NOT 20 CFR 404.1666(d).
Correct.
12. Anonymous Attendee 12:43 PM
can you run an onet search that we can follow, starting with
DOT to onet
Run an Everything Report from www.occucollect.com.
13. Danielle Beaver 12:47 PM
Does the ALJ have the patience for you to sit there and look
through the ONET while you cross examine the VE?
Once you become familiar with the process, it is
seamless. I call up the DOT codes in an
Everything Report from www.occucollect.com
before the ALJ finishes (mouse wheel click on reports to create a new
window)
14. Gerardine Delambo 12:13 PM
where do I find the ONet?
Access the O*NET at: https://www.onetonline.org/.
Access the O*NET Resource Center at: https://www.onetcenter.org/.
And of course on www.occucollect.com.
15. MEGHAN GALLO 12:46 PM
Here is an example:
https://www.onetonline.org/link/custom/43-9061.00 you can enter a different SOC number in place
of 43-9061.00 to get to the others. On
the page, check the boxes and run the report.
A lot of what is being mentioned comes under "work
context". After you run the
report, make sure you check the
"+" sign to get all of them
Very helpful!
16. Gerardine Delambo 12:50 PM
Thank you, Meghan
17. Violeta Arciniega 12:26 PM
It makes sense to challenge VEs on their experience/training
vs that of the DoL/BLS but I’m concerned that if I raise that at the hearing,
the ALJ will point out that we’d already stipulated to their qualifications to
testify — how should we address that if it happens?
See Brace v. Saul, 970 F.3d 818, 822 (7th Cir.
2020) and Goode v. Comm’r of Soc. Sec., 966 F.3d 1277, 1282 (11th Cir. 2020). Agreeing that the VW is qualified is
different than agreeing that everything the person says is reliable.
Your honor, I did not
stipulate to the VW testimony. I stipulated that the VW met the agency’s
standards for testifying. It would be
irresponsible of me to stipulate to the accuracy of testimony that I have not
heard. For instance, if you call a
medical expert and find the ME qualified, the regulations and agency policy are
clear that you are not bound by that testimony.
Nor is my client bound by the VW testimony.
18. Alise Kellman 12:27 PM
If I try to say I have no objection to the VW testifying,
some ALJs will ask if I object to their qualifications and if I say yes they go
ballistic
So my question, is what should be my respond to the ALJ?
See above. In a
civil trial, it is fair game to stipulate to the qualifications of the expert
to shortcut the oppositions recitation of the expert’s CV. Qualified vs. reliable v. persuasive. Those are three different questions. The first two are questions of law. The last is for the judge.
Your honor, if you want me to voir dire every medical and
vocational expert, then we need to set out two hours for every witness. If agreeing or failing to object to qualifications
provides the agency with the inference that the claimant has stipulated to reliability
and persuasive value of testimony that is yet unheard, then you are right. I withdraw my failure to object and insert an
objection now. The witness does not have
a reliable methodology for extrapolating local experience to the national economy. The witness is neither a statistician or an
economist.
19. Charles Kreimendahl 12:29 PM
What about the details of the ONet, which seems to rank
abilities, skills, etc by importance. But are those actually percentages that
can be correlated with the Freq/Occ categories?
Never confuse qualitative assessment with quantitative
assessments. I use the work context
reports and the education, training, and experience reports. I have not used the O*NET for skills analysis
nor do I think that the ORS will give sufficient detail to provide a TSA. The work fields and the MPSMS codes are the
keys to a TSA.
20. anne wagner 12:31 PM
How about bakery worker/candy spreader or hand packer for
light work occasional contact?
Bakery worker is a production worker all other
occupation. There are circa 238K
production worker jobs in the nation.
Manufacturing employs 93K production workers. All of food manufacturing employs 12K
production workers. Bakeries employ
1,500 production workers – in the nation.
Hypyerlink from the OccuCollect report for the OOH to https://data.bls.gov/projections/nationalMatrix?queryParams=51-9199&ioType=o.
Candy spreader is a helper occupation. Who are they helping? Helpers have 188K jobs in manufacturing. Food manufacturing employs 51K helpers. Sugar and confectionary product manufacturing
employs 2,000 helpers.
https://data.bls.gov/projections/nationalMatrix?queryParams=51-9198&ioType=o.
Helpers have occasional contact with others in 17% of
jobs. O*NET. Helpers lift 25 pounds at the 25th percentile
and 15 pounds at the 10th percentile.
Helpers engage in unskilled work in just under 70% of jobs. Helpers engage in medium work in just under
50% of jobs.
I would use the OOH and OES data to rebut testimony that
these occupations represent a significant number of jobs.
21. Jenna Lopes 12:35 PM
Where on O*NET are you findingthis info. I can't find it.
Access the O*NET at: https://www.onetonline.org/.
Access the O*NET Resource Center at: https://www.onetcenter.org/.
And of course on www.occucollect.com.
22. Philip Gauer 12:37 PM
Here's what the regulation says:
Philip Gauer 12:38 PM
Sorry, I meant to paste this: (d) Administrative notice of job data. When
we determine that unskilled, sedentary, light, and medium jobs exist in the
national economy (in significant numbers either in the region where you live or
in several regions of the country), we will take administrative notice of
reliable job information available from various governmental and other
publications. For example, we will take notice of—
(1) Dictionary of Occupational Titles, published by the
Department of Labor;
(2) County Business Patterns, published by the Bureau of the
Census;
(3) Census Reports, also published by the Bureau of the
Census;
(4) Occupational Analyses, prepared for the Social Security
Administration by various State employment agencies; and
(5) Occupational Outlook Handbook, published by the Bureau
of Labor Statistics.
For example … the DOT.
Social Security Ruling 00-4p does not represent a reasonable
interpretation of an unambiguous regulation by nominating the DOT/SCO as the
sole source of data. Kisor v. Wilkie,
130 S.Ct. 2400, 2415-18 (2019).
23. MEGHAN GALLO 12:39 PM
What can I do about the ALJ's that now try to anticipate my
cross and adjust their hypos to make them extremely vague so they are not
addressed directly in the onet such as: can interact with others on a
"routine but superficial basis" or can perform work that is
"learned by experience and performed by rote" ?
You can object on vagueness or simply ask the VW, “What
does routine but superficial mean to you in your capacity here?” Another question, “Does learned by experience
allow for more than 30 days of experience?”
One more, “Does performed by rote mean the work never changes?”
24. Philip Gauer 12:39 PM
Sorry, still trying to ask my question! Is the ONET one of these five things? I'm guessing it is not. Thanks
The general language of the regulation is “we will take
administrative notice of reliable job information available from various
governmental and other publications. For example, we will take notice of— [the
list of five].” 20 CFR 404.1566(d).
Use your tools of statutory and regulatory construction …
if it is just the DOT then four examples are null. If it is just the five examples, then the
word examples is wrong. Those are
examples of reliable published job information.
The question is whether the O*NET, ORS, and OES are reliable governmental
data published according to OMB standards?
The regulation says that it is all relevant and subject to administrative
notice.
25. Lisa McNair Palmer 12:42 PM
VE testifies bakery conveyor line worker does not have a
pace of production. Response?
First, bakery worker conveyor line doesn’t exist in
significant numbers. The bakery industry
employs too few production workers, even if it does exist. See the employment projections or the OES occupation-industry
index or use Job Browser Pro using the same methodology.
Labor (O*NET) puts bakery worker in three SOC codes. 51-9161 Computer numerically controlled tool
operators has no production workers in food much less bakery. 51-9162 Computer numerically controlled tool
programmers has 200 production workers and all of them are in fruit and
vegetable preserving. That leaves 51-9199
production workers, all other: 12,300 in
food manufacturing generally and 1,500 in bakeries.
Most production workers work at a fast pace, most have
some ability to pause work, most require frequent gross manipulation, most
require medium exertion, most require standing eight hours, and less than 30%
are unskilled. Tell the VE to square the
number cited with the data. It is a math
problem not a matter of discretion.
26. Manuel Franco 12:44 PM
What is the ruling that says you have to be able ot get the
job and KEEP the job? Thanks
27. From Manuel Franco to All Panelists: 12:43 PM
What is the ruling that says you have to be able ot get the
job and KEEP the job? Thanks
SSR 96-8p.
RFC is the individual's maximum remaining ability to do
sustained work activities in an ordinary work setting on a regular and continuing
basis, and the RFC assessment must include a discussion of the individual's
abilities on that basis. A "regular and continuing basis" means 8
hours a day, for 5 days a week, or an equivalent work schedule.
28. Arthur Stevens 12:46 PM
When we get back to live hearings, using Ipad for ONET
online is great to have. Need to have an ipad that can reach the towers or a
satellite hub. laptop is screen for exhibits. People really do need to use
both. Just a comment.
Once the VE starts and you finish with your additional
hypos, the numbers game does not require the exhibits to be open. JMHO, YMMV.
29. Jacqueline Justice 12:50 PM
a second screen/device and hot spot is a good idea- Certain
buildings have crappy service though :-)
Use a hotspot or your phone.
30. Rachel Hepburn Masters 12:54 PM
In my area, the VEs are pretty good--they will give me the
answer I want when I ask questions and respond appropriately to the ALJ
questions (for the most part...there's always one or two bad answers every so
often). The main issue I run into is the
RFC that the ALJs present to the VE. Is there a way to use the ONET to rebut
what the ALJ is saying?
You may like the VE testimony, but I doubt it is accurate
or reconcilable with the published data.
Drop a comment below and give an example of an occupation and a job number
in response to a hypo.
As to using the O*NET, some limitations cross over well. Some take some thinking. Contact with others, teamwork, pace, part vs.
full-time, and others have direct application to many hypothetical questions.
31. Arthur
Stevens 12:54 PM
The VE's often get handling and fingering stuff wrong. ONET
would be great for that. Also, I diminish hand function when there is
significant cervical ROM loss due to multilevel fusion. so If a person can only
look down 1/3 of the day to where hands do their stuff (widget assembly etc..)
then ONET can he used to dump those jobs that have a higher use of hands. I
woud assume that one can use the ONET to diminish hand function jobs that make
it difficult to look at hands either due to vision or cervical ROM
diminishment.
The ORS is probably more helpful as it has better data
for working at or below shoulder level.
Series ID: ORUP1000031J00000830
Not seasonally adjusted
Series Title: % of production workers, all other;
reaching at or below the shoulder is required
Requirement: Physical Demands
Occupation: production workers, all other
Estimate: reaching at or below the shoulder is
required
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
96.3
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031J00000830
Labor does not publish detailed data for occupations
ending in “9.” Looking at 51-9161, the
O*NET says:
|
Exertional
|
%
|
Response
|
|
Spend Time Using Your Hands to Handle,
Control, or Feel Objects, Tools, or Controls — How much does this job
require using your hands to handle, control, or feel objects, tools or
controls?
|
79
|
Continually or almost continually
|
|
18
|
More than half the time
|
|
2
|
About half the time
|
|
0
|
Less than half the time
|
|
0
|
Never
|
It depends on the occupation.
32. anne wagner 12:56 PM
Can you repeat the two questions to VE for beginners?
Is your testimony consistent with other department of
labor data – the OOH, the OES, the O*NET, and the ORS?
What is your methodology for estimating job numbers?
If you don’t get a mathematical expression of SOC numbers
to DOT numbers that includes consideration of industry and the medical factors,
it isn’t reliable. See Goode and Brace.
33. Alise Kellman 12:56 PM
Please repeat your summary query to the VE, i couldn't write
that fast
I think 29 covers it.
34. MEGHAN GALLO 12:57 PM
The occucollect he mentioned is AMAZING and has everything
he is talking about at your fingertips.
It was a game-changer for me.
Glad that you find it useful!
35. Lynne Brown 12:57 PM
Where can we find that?
www.occucollect.com.
36. Jacqueline Justice 12:58 PM
Yes, curious where this is found.
www.occucollect.com.
37. MEGHAN GALLO 12:59 PM
Sorry, put that the wrong place. occucollect.com. it is $300/yr and worth every penny
Thanks again for the endorsement. Occucollect is my effort to organize my own
thinking. www.occucollect.com is the result of that
effort.
38. Lynne
Brown 01:00 PM
Thank you!
39. Asha Sharma 01:00 PM
Thanks, Larry! Excellent as always....
40. anne
wagner 12:16 PM
Please give the cite to
USSC case that said ok to take administrative notice.
20 CFR 404.1566(d).
It is the regulation construing the statute and entitled to Chevron
deference.
41. Susan Hogg 12:18 PM
Please provide cite for the two cases I & 2 dealing
w/use of O*Net evidence (or other DOL, et al) as rebuttal evidence re: jobs
You will find adverse rulings all over the fourth circuit
and in California where I practice. Those
districts think that SSR 00-4p is law.
It is not. It gets deference to
the extent that it is not inconsistent with the regulation. It is inconsistent. The favorable cases in the CD CA are
unpublished and the CD CA does not permit many of its decisions to get into
West or other services.
42. William Wombacher 12:18 PM
What about the VE that testifies their numbers come from the
skilltran software program and testify that is recognized as a legit source by
experts in the field. Why do we need the VE --pull out the program
SkillTran (JBP) performs a rough occupational density
calculation by assigning DOT codes first to an occupational group and second to
one or more industries. That occupation
industry intersection, JBP uses equal distribution to calculate job numbers for
the DOT code.
Take production workers.
52 sedentary unskilled DOT codes, 405 light unskilled DOT codes, and 185
medium DOT codes. 238,600 jobs. Less than 30% are unskilled. Almost 70% of the total jobs are medium. Equal distribution even at the occupation-industry
intersection is not reliable.
43. David Barish 12:25 PM
I am not sure if
I am missing something. I am looking at cashier on O-Net and do not see
where the the funcitional requirement such
as light, medium etc is listed.
Is this listed?
The biggest reason that SSA did not transition to the
O*NET in the late 90s or in the past 20+ years is that the O*NET does not describe
exertion other than standing/walking.
The O*NET says that 65% of cashiers never sit and 4% sit
continually or almost continually. The
O*NET states that 49% of cashiers work part-time. Part-time does not count at step 5.
The ORS is where you want to analyze cashiers. Cashiers do not have a choice of sitting or standing
in 97.2% of jobs. Cashiers stand 95% of
the day at the 10th percentile.
When a worker has the option of sitting or standing, the ORS classifies
the required posture as sitting. Cashiers
lift/carry 25 lbs. max at the median and 15 lbs. max at the 25th percentile.
Use the ORS.
44. Jacqueline Justice 12:29 PM
I don't think it is. :-)
Right. See above.
45. John Leiter 12:29 PM
Can you give examples of using the o*net in cross
examination?
The ALJ asked you to assume occasional contact with
coworkers, supervisors, and the public.
You identified marker. Do you
agree that the occupation belongs to stockers and order fillers, SOC 53-7065?
I have
43-5081 for Stock Clerks and Order Fillers.
Is that consistent with the 2010 SOC or the 2018 SOC?\
I don’t
know.
I make an offer of proof that the O*NET version 25.0 classified
marking clerks SOC 43-5081.02 as having occasional contact with others in 1% of
jobs and no contact with others in 0% of jobs.
Do you have a statistical basis for rebutting the Department of Labor
data?
I don’t
use the O*NET.
I didn’t ask if you did. I asked if you have a reliable
basis for rebutting published data from the Department of Labor. Do you?
I have
35 years of experience in the field.
I understand that.
What is your methodology for extrapolating your 35 years of experience
to the national economy?
I look
at the BLS and OES data and I have experience.
Do you have a method for estimating job numbers that considers
any BLS data on job numbers and job requirements other than the DOT data set?
No.
46. Jennifer Haskins 12:39 PM
Has anyone asked a vocational expert about the ability of
obtaining the "possible" job under the current economy?
That question is legally irrelevant. Holding a job is proper. Getting a job is irrelevant.
47. Celeste Scalise-Qubrosi 12:40 PM
Where istht pace requirment I was looking at Onet on Cleaner
housekeeper?
|
Environmental
|
%
|
Response
|
|
Pace Determined by Speed of Equipment —
How important is it to this job that the pace is determined by the speed of
equipment or machinery? (This does not refer to keeping busy at all times on
this job.)
|
5
|
Extremely important
|
|
8
|
Very important
|
|
18
|
Important
|
|
1
|
Fairly important
|
|
68
|
Not important at all
|
And the ORS:
Series ID: ORUC1000020Y00001167
Not seasonally adjusted
Series Title: % of maids and housekeeping cleaners;
workload is self-paced
Requirement: Cognitive And Mental Requirements
Occupation: maids and housekeeping cleaners
Estimate: workload is self-paced
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
4.8
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000020Y00001167
Series ID: ORUC1000020Y00001171
Not seasonally adjusted
Series Title: % of maids and housekeeping cleaners;
with consistent, generally fast work pace
Requirement: Cognitive And Mental Requirements
Occupation: maids and housekeeping cleaners
Estimate: with consistent, generally fast work pace
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
39.8
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000020Y00001171
Series ID: ORUC1000020Y00001172
Not seasonally adjusted
Series Title: % of maids and housekeeping cleaners;
with consistent, generally slow work pace
Requirement: Cognitive And Mental Requirements
Occupation: maids and housekeeping cleaners
Estimate: with consistent, generally slow work pace
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
17.8
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000020Y00001172
Series ID: ORUC1000020Y00001173
Not seasonally adjusted
Series Title: % of maids and housekeeping cleaners;
with varying work pace
Requirement: Cognitive And Mental Requirements
Occupation: maids and housekeeping cleaners
Estimate: with varying work pace
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
42.4
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000020Y00001173
Series ID: ORUC1000020Y00001176
Not seasonally adjusted
Series Title: % of maids and housekeeping cleaners;
with the ability to pause work
Requirement: Cognitive And Mental Requirements
Occupation: maids and housekeeping cleaners
Estimate: with the ability to pause work
|
Year
|
Period
|
Estimate
|
|
2020
|
Annual
|
79.8
|
https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000020Y00001176
48. Arthur Stevens 12:43 PM
OIDAP...isn't that from 2008?
OIDAP is 2011 for the Claims Review Study.
https://www.ssa.gov/oidap/Documents/PRESENTATION--TRAPANI%20AND%20HARKIN--OIDAP%2005-04-11.pdf.
Arthur Stevens 12:43 PM
good point about serial employment. Gatliff? like the
employee who keeps punching the supervisors in the nose and then doing that
same thing over and over and gets fired over and over.
https://scholar.google.com/scholar_case?case=6270371128768030698&hl=en&as_sdt=2006
49. carter 12:46 PM
How can you prove an inability to play well with others is
not volitional?
50. Phyllis Rubenstein 12:51 PM
Based on mental health diagnosis and records
With a diagnosis of a personality disorder; with clinical
findings of irritability, isolation, withdrawal, etc. We prove mental limitations out of the objective
medical record. A finding of occasional contact
with others is a frequent inability to interact with others. Play well with others is a colloquial
expression that I do not use in hearings.
51. Alise Kellman 12:51 PM
Please repeat again where you found the numbers for the
entire optical employment (optical manufacturing)
https://data.census.gov/cedsci/table?d=ANN%20Business%20Patterns%20County%20Business%20Patterns&tid=CBP2018.CB1800CBP&hidePreview=true
Click on codes.
Select all 6-digit NAICS.
Download the .csv file. Filter
for ophthalmic good, NAICS 39115.
The answer for 2018 is 25,070 jobs in the industry in all
occupations.
52. MEGHAN GALLO 12:59 PM
occucollect.com. it
is $300/yr and worth every penny
53. From Barbara Silverstone to All
Panelists: 11:55 AM
Hi! Sorry about that, was setting up the slide
54. From Phyllis Rubenstein to All Panelists: 12:07 PM
Would you repeat the citation to the regulation?
20 CFR 404.1566(d), 416.966(d).
55. From Barbara Silverstone to Everyone: 12:08 PM
http://californiasocialsecurityattorney.blogspot.com/
Thank you.
56. From Ivan Katz to Everyone: 12:10 PM
It is 20 CFR 404.1566(d) - NOT 1666
57. From Priscilla Medina to All Panelists: 12:10 PM
Thank you
58. From jere fletcher to All Panelists: 12:12 PM
Heckler v Campbell , USSCt. 461 U.S. 458 (1983)
https://supreme.justia.com/cases/federal/us/461/458/
59. From Yolanda Arias to All Panelists: 12:12 PM
What advantage is there using ONET over DOT?
Here is what DOL says:
The Dictionary of Occupational Titles (DOT) was created
under the sponsorship by the Employment and Training Administration (ETA), and
was last updated in 1991. The DOT was replaced by the O*Net, and ETA no longer
supports the DOT.
The O*Net is now the primary source of occupational
information. It is sponsored by ETA through a grant to the North Carolina
Department of Commerce. Thus, if you are looking for current occupational
information you should use the O*Net.
The DOT was loaded onto the OALJ website because it was a
standard reference in several types of cases adjudicated by the OALJ,
especially immigration related matters. Time has passed, DOL’s regulations have
changed, and OALJ now rarely adjudicates cases that reference the DOT.
So, why is the DOT still on the Office of Administrative Law
Judges (OALJ) website? It is because the DOT is still used in Social Security
disability adjudications and the OALJ copy of the DOT is often cited as an
authoritative source of the DOT.
The Social Security Administration (SSA) is developing a new
Occupational Information System (OIS), which will replace the DOT as the
primary source of occupational information for use in the SSA disability
adjudication process. SSA intends to have the OIS operational and to make
necessary regulatory and policy updates by 2020.
https://www.dol.gov/agencies/oalj/topics/libraries/LIBDOT
60. From Barbara Silverstone to Everyone: 12:15 PM
Hi! As George said at the outset of this webinar, questions
will be answered on Larry’s blog after this webinar and we will share the link
out. Please ask all questions in the Q&A tab.
61. From Randall Head to All Panelists: 12:15 PM
As someone who grew up raising tobacco, I can say there are
ZERO full-time jobs tying tobacco hands - and there never have been any.
It is a seasonal job involved with tobacco harvest, and it
is part of the job of stripping.
NOBODY has EVER employed anyone to do nothing but tie hands
of tobacco.
My family lives near the NC border with VA and they
concur.
62. From Phyllis Rubenstein to All Panelists: 12:16 PM
Would you spell Chiebe
63. From
Jocelyne Martinez to All Panelists:
12:17 PM
Spell Schehhi 1 case. What is the cite
Shaibi v. Berryhill, 883 F.3d 1102 (2017).
https://scholar.google.com/scholar_case?case=5244434700220563056&hl=en&as_sdt=2006
64. From Jocelyne Martinez to All Panelists: 12:28 PM
What is the name of the text that states that certain jobs
(labeler; addresser, etc.) are no longer existing?
65. From Jeffrey Senter to All Panelists: 12:28 PM
What is the best source to cite for that these jobs are
obsolete?
66. From Arthur Stevens to All Panelists: 12:39 PM
what was that source attain that addresses obsolete jobs.
OIDAP? thanks. My recollection is that the report was from 2008. is there an
update?
OIDAP Claims Review Study.
https://www.ssa.gov/oidap/Documents/PRESENTATION--TRAPANI%20AND%20HARKIN--OIDAP%2005-04-11.pdf.
google OIDAP obsolete jobs to find the link manually or
to my blog.
67. From Barbara Silverstone to All
Panelists: 12:31 PM
I think I just made it possible for Larry to share screen
Next time!
68. From Randall Head to All Panelists: 12:40 PM
One VW here in SoCal keeps giving Marker jobs - Placing
price tags on items for retail sales.
Marker is part of stockers and order fillers SOC
43-7065.
Stockers and order fillers lift/carry 25 lbs at the 10th
percentile and stand/walk 75% of the day at the 10th percentile. Those workers are unskilled in about 86% of
jobs.
Unless SSA agrees that light work has a maximum
lift/carry of 25 lbs., there are no light jobs left. They require medium exertion.
Extra at no extra charge:
Labor now defines light work as 25 lbs. maximum.
69. From Jennifer Haskins to All Panelists: 01:00 PM
Thank you so much!!!
70. From laura bagwell to All Panelists: 01:00 PM
THANK YOU for this great presentation.
71. From Ada_Lenia Mena to Everyone: 01:00 PM
Thank you for all the information. Very informative.
___________________________
Suggested Citation:
Lawrence Rohlfing,
Questions and Answers from the January 15, 2021, NOSSCR Interview, California Social Security Attorney (January 18, 2021) https://californiasocialsecurityattorney.blogspot.com/2021/01/questions-and-answers-from-january-15.html
