Electrical and Electronic Equipment Assemblers -- Post Biestek Analysis -- Part 2

In part 1 of this series, we looked at the Electrical and Electronic Equipment Assemblers (SOC 51-2022) (equipment assemblers) and in particular at the Dictionary of Occupational Titles, Occupational Outlook Handbook, Occupational Employment Quarterly, and Job Browser Pro. We Found that the occupational group of 61 DOT codes typically required a high school education, skills, and represented jobs across the exertion and skill range.

The Occupational Employment Quarterly (version 3.1 4th quarter 2018) suggested 3,054 sedentary unskilled jobs and 30,541 light unskilled jobs.  Job Browser Pro (version 1.67, 2017 job estimates) suggested 1,600 jobs sedentary unskilled jobs and about 78,000 jobs as light unskilled jobs.  The post-Biestek era question is whether those estimates are reliable.  OccuCollect provides the 2017 and 2018 data sets for evidence and comparison.  We start with skill level.

Series ID: ORUV1000091300000065

Not seasonally adjusted

Series Title: % of electrical and electronic equipment assemblers; svp is beyond short demonstration, up to & including 1 month

Requirement: Education, Training, And Experience

Occupation: Electrical and Electronic Equipment Assemblers

Estimate: svp is beyond short demonstration, up to & including 1 month

Year	Period	Estimate
2018	Annual	29.2

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000091300000065

Series ID: ORUV1000091300000069

Not seasonally adjusted

Series Title: % of electrical and electronic equipment assemblers; svp is over 1 year, up to & including 2 years

Requirement: Education, Training, And Experience

Occupation: Electrical and Electronic Equipment Assemblers

Estimate: svp is over 1 year, up to & including 2 years

Year	Period	Estimate
2018	Annual	22.6

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000091300000069

These data points describe 51.8% of the jobs within the group.  To assume that any of the jobs require a short demonstration (SVP 1) when none of the DOT codes describe an SVP 1 and the OOH describes the group as requiring moderate-term on-the-job training would lack a statistical basis to the data.  The best deduction from the data is that 29.2% of the jobs are unskilled and the rest are either semi-skilled or skilled.  Assuming the OOH/EP job number (218,900 jobs), the number that are unskilled is approximately 63,919 at all exertion levels (218,000 x 29.2%).

We can now turn to exertion.

Series ID: ORUP1000091300000662

Not seasonally adjusted

Series Title: % of electrical and electronic equipment assemblers; strength is light work

Requirement: Physical Demands

Occupation: Electrical and Electronic Equipment Assemblers

Estimate: strength is light work

Year	Period	Estimate
2018	Annual	28.3

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000091300000662

The 2018 data set does not describe any other "strength" level.  The 2017 data set described medium exertion:

Series ID: ORUP1000091300000663

Not seasonally adjusted

Series Title: % of electrical and electronic equipment assemblers; strength is medium work

Requirement: Physical Demands

Occupation: electrical and electronic equipment assemblers

Estimate: strength is medium work

Year	Period	Estimate
2017	Annual	78.9

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000091300000663

Our quest remains to determine the number of light unskilled jobs.  Assuming our calculation of approximately 63,919 unskilled jobs at all exertion levels, number of light unskilled jobs is 18,089.  That's the starting point.  If the claimant has any further manipulative, standing/walking, sit-stand option, or cognitive/social limitations, that number gets eroded.  A claimant under 55 that can perform the full range of light work is not disabled with a limited education and the ability to communicate in English.

The OccuCollect jobs calculator provides the conclusion.See When to Use Occu Collect.

Progress and Pushing Vocational Experts to Reasonable Answers

A court remand case with the prior residual functional capacity finding:

After careful consideration of the entire record, I fmd that the claimant has the
residual functional capacity to perform a range of light work as defined in 20 CFR
404.1567(b) and 416.967(b). Specifically the claimant is able to lift pounds occasionally and 10 pounds frequently.  He can stand and/or walk for two hours out of an eight-hour day, with the ability to use a cane when ambulating outside of the work area; he can sit for 6 hours of an 8 hour day, but must have the ability to stand and stretch every hour estimated to take 1 to 3 minutes per hour.  He does not need to leave the work station to do the stretching.  He can occasionally bend, stoop, and crouch, but he cannot crawl or kneel. He cannot work at highly fast-paced work, such as rapid assembly line work, nor work requiring public contact- He can perform low stress jobs which is defined as jobs having occasional decision making or occasional changes in the work setting.

We have a younger individual with a limited education and unable to perform past work and lacks transferable skills.  The vocational expert is testifying today between two different ALJs so we have some time waiting for the VE.  ALJ asks me how I am going to get this claimant below sedentary.  I don't think I have to, this residual functional capacity will not permit work in significant numbers.  

Enter the vocational expert.  ALJ asks the VE to assume a person of any age, with any education, and any work history with the previously assessed residual functional capacity.  Vocational pauses, contemplates, and then answers, "no jobs."  

I have been in hearings with this judge and this witness many times before.  We all know that identifying some production job will focus on work pace; clerical positions will focus on changes and decision-making; all the counter clerk-type jobs are out for no public contact; and we have a total of four breaks totaling 12 minutes in addition to the California-mandated two 10-minute breaks and 30-minute meal break.  The VE focused on the realistic limitation to sedentary work; the elimination of light work because of a cane outside of the work station; the unavailability of production jobs; and the limitation to occasional decisions and changes.  "No jobs."  

This is not a VE that typically testifies "favorably" to claimants, but he isn't hostile to them either.  My post mortem analysis is that the history with this VE nudged him to the testimony and my history with the ALJ made him more likely to accept the testimony and explanation.  

"Any questions, counsel?"

Smile, "no questions, Judge."  

"Hearing adjourned, have a nice day."