Document Preparer and Election Clerk

We have the recurring fact pattern of a younger individual limited to sedentary work:

he is able to sit for 6 hours in an 8-hour period; he is able to stand or walk for 2 hours in an 8-hour period; he is unable to climb, but is able to perform occasional balancing, stooping, kneeling, crouching, and crawling; he is able to tolerate occasional exposure to fumes, odors, dusts, gases, and poor ventilation; he is capable of understanding, remembering simple repetitive tasks, and he is able to interact occasionally with coworkers, supervisors, and no contact with the public.

The vocational expert trots out out the standard document preparer, DOT 249.587-018, representing 28,743 jobs in the nation; and election clerk, DOT 205.367-030, representing 20,757 jobs in the nation.   These are both office clerks, general.  The first problem is that the occupational base is huge.  One percent is a significant number of jobs.  Now we get to work using Occu Collect.  

43-9061 Office clerks, general
Typical Education Needed	High school diploma or equivalent
Work Experience in a Related Occupation	None
Typical On-The-Job Training Needed to Attain Competency	Short-term on-the-job training
2016 Employment	3,117,700

The vocational expert testifies that the identification of these two occupations fit the hypothetical question and is consistent with the Dictionary of Occupational Titles.  

ELECTION CLERK (government ser.)

DOT Code: 205.367-030
SOC Code: 43-9061.00
O*NET URL: https://www.onetonline.org/link/summary/43-9061.00DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=205.367-030&g=GODOT Name: ELECTION CLERK (government ser.) 

DOT Narrative: 205.367-030 ELECTION CLERK (government ser.) alternate titles: poll clerk; returning officer

Performs any combination of the following duties during elections: Compiles and verifies voter lists from official registration records. Requests identification of voters at polling place. Obtains signatures and records names of voters to prevent voting of unauthorized persons. Distributes ballots to voters and answers questions concerning voting procedure. Counts valid ballots and prepares official reports of election results.
GOE: 07.04.03 STRENGTH: S GED: R3 M2 L2 SVP: 2 DLU: 77

The VE tells the ALJ that election clerk is a full-time job.  That is not consistent with the DOT.  The DOT says that election clerks work during elections and no other time of the year.  Arguello v. Berryhill says that an apparent conflict exists.  More to the point of the question, these workers deal with the public and require reasoning level 3.  Occu Collect 205.367-030 (free summary DOC/SCO report just for signing up).

DOCUMENT PREPARER, MICROFILMING 

(business ser.)

DOT Code: 249.587-018
SOC Code: 43-9061.00
O*NET URL: https://www.onetonline.org/link/summary/43-9061.00DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=249.587-018&g=GO 

DOT Name: DOCUMENT PREPARER, MICROFILMING (business ser.)

DOT Narrative: 249.587-018 DOCUMENT PREPARER, MICROFILMING (business ser.) Prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using paper cutter, photocopying machine, rubber stamps, and other work devices: Cuts documents into individual pages of standard microfilming size and format when allowed by margin space, using paper cutter or razor knife. Reproduces document pages as necessary to improve clarity or to reduce one or more pages into single page of standard microfilming size, using photocopying machine. Stamps standard symbols on pages or inserts instruction cards between pages of material to notify MICROFILM-CAMERA OPERATOR (business ser.) 976.682-022 of special handling, such as manual repositioning, during microfilming. Prepares cover sheet and document folder for material and index card for company files indicating information, such as firm name and address, product category, and index code, to identify material. Inserts material to be filmed in document folder and files folder for processing according to index code and filming priority schedule. GOE: 07.05.03 STRENGTH: S GED: R3 M1 L2 SVP: 2 DLU: 86

Document preparers require reasoning level 3.  The occupation of election clerk has significant worker functions of speaking/signaling people to convey or exchange information. Occu Collect 249.587-018 (free summary DOC/SCO report just for signing up). The SCO describes the functions of election clerk as requiring frequent talking and hearing as well as average verbal capacity.  

Microfilming is a dead industry.  Film decays and is not easily copied to another medium.  We use our common sense.  Gutierrez v. Colvin.  

The OOH describes general office clerk duties:

General office clerks typically do the following:

·         Answer and transfer telephone calls or take messages
·         Sort and deliver incoming mail and send outgoing mail
·         Schedule appointments and receive customers or visitors
·         Provide general information to staff, clients, or the public
·         Type, format, or edit routine memos or other reports
·         Copy, file, and update paper and electronic documents
·         Prepare and process bills and other office documents
·         Collect information and perform data entry

Rather than performing a single specialized task, general office clerks have responsibilities that often change daily with the current needs of the employer.

Some clerks file documents or answer phones; others enter data into computers or perform other tasks using software applications. They also frequently use photocopiers, scanners, fax machines, and other office equipment.

The specific duties assigned to clerks will depend on the type of office in which they work. For example, a general office clerk at a college or university may process application materials and answer questions from prospective students, while a clerk at a hospital may file and retrieve medical records.

We don't find microfilming on the list.  Scanning is there.  We don't know if that occupation is unskilled, simple, or repetitive.  We do know that the vocational expert did not square the testimony with the OOH. 

The Department of Labor states that the O*NET OnLine provides current information about work.  The O*NET OnLine states that general office clerks have contact with others half the time, most of the time, or constantly in 98% of jobs.  In 2% of jobs, general office clerks have no contact with others.  General office clerks work with a group or team as at least fairly important in 98% of jobs.  General office clerks deal with external customers as at least fairly important in 94% of jobs.  

43-9061.00 - Office Clerks, General

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?	82	Constant contact with others
	14	Contact with others most of the time
	2	Contact with others about half the time
	0	Occasional contact with others
	2	No contact with others

Interpersonal Relationships	%	Response
Work With Work Group or Team — How important is it to work with others in a group or team in this job?	64	Extremely important
	24	Very important
	7	Important
	2	Fairly important
	2	Not important at all

Structural Job Characteristics	%	Response
Duration of Typical Work Week — Number of hours typically worked in one week.	15	More than 40 hours
	59	40 hours
	26	Less than 40 hours

We now turn to the Occupational Requirements Survey to examine the nature and requirements of general office clerks.  

43-9061.00 (office clerks, general)

Series ID: ORUV1000075800000064

Not seasonally adjusted

Series Title: % of office clerks, general; svp is short demonstration only

Requirement: Education, Training, And Experience

Occupation: office clerks, general

Estimate: svp is short demonstration only

Year	Period	Estimate
2017	Annual	5.8

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000075800000064

Series ID: ORUV1000075800000065

Not seasonally adjusted

Series Title: % of office clerks, general; svp is beyond short demonstration, up to & including 1 month

Requirement: Education, Training, And Experience

Occupation: office clerks, general

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

Year	Period	Estimate
2017	Annual	29.5

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000075800000065

Series ID: ORUP1000075800000661

Not seasonally adjusted

Series Title: % of office clerks, general; strength is sedentary

Requirement: Physical Demands

Occupation: office clerks, general

Estimate: strength is sedentary

Year	Period	Estimate
2017	Annual	32.8

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000075800000661

Series ID: ORUC1000075800001050

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with regular contacts is continuous

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with regular contacts is continuous

Year	Period	Estimate
2017	Annual	21.6

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001050

Series ID: ORUC1000075800001051

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with regular contacts is more than once per hour

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with regular contacts is more than once per hour

Year	Period	Estimate
2017	Annual	53.4

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001051

Series ID: ORUC1000075800001052

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with regular contacts is more than once per day

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with regular contacts is more than once per day

Year	Period	Estimate
2017	Annual	21.5

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001052

Series ID: ORUC1000075800001050

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with regular contacts is continuous

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with regular contacts is continuous

Year	Period	Estimate
2017	Annual	21.6

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001050

Series ID: ORUC1000075800001046

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with other contacts is more than once per hour

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with other contacts is more than once per hour

Year	Period	Estimate
2017	Annual	27.3

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001046

Series ID: ORUC1000075800001047

Not seasonally adjusted

Series Title: % of office clerks, general; frequency of contact with other contacts is more than once per day

Requirement: Cognitive And Mental Requirements

Occupation: office clerks, general

Estimate: frequency of contact with other contacts is more than once per day

Year	Period	Estimate
2017	Annual	30.7

https://beta.bls.gov/dataViewer/view/timeseries/ORUC1000075800001047

Series ID: ORUP1000075800000999

Not seasonally adjusted

Series Title: office clerks, general; % of day sitting is required (25th percentile)

Requirement: Physical Demands

Occupation: office clerks, general

Estimate: % of day sitting is required (25th percentile)

Year	Period	Estimate
2017	Annual	75

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000075800000999

Series ID: ORUP1000075800001000

Not seasonally adjusted

Series Title: office clerks, general; % of day sitting is required (50th percentile - median)

Requirement: Physical Demands

Occupation: office clerks, general

Estimate: % of day sitting is required (50th percentile - median)

Year	Period	Estimate
2017	Annual	85

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000075800001000

General office clerks engage in unskilled work in 35.3% of jobs. General office clerks jobs require sedentary exertion in 32.8% of jobs. General office clerks have continuous contact with regular contacts in 21.6% of jobs and more than hourly in 53.4% of jobs and hourly or less in 21.5% of jobs. General office clerks have continuous contact with other contacts in 10.1% of jobs and more than hourly in 27.3% of jobs and hourly or less in 30.7% of jobs. The vocational expert’s testimony fits inside of the published data if an only if every sedentary job is unskilled and has contact with regular and other contacts hourly or less. General office clerks have contact with other contacts not more than once per day including never in 31.7% of jobs. General office clerks sit 75% of the day or less in 25% of jobs. On a full-time schedule, 75% of the day equals six hours. Please recall that 26% of general office clerks work part-time per the O*NET OnLine. 

OFFICE CLERK, GENERAL
SOC 43-9061
No. of Jobs	% Unskilled	# Unskilled
3,117,700	35.30%	1,100,548
# Unskilled	% Sedentary	# Sedentary
1,100,548	32.80%	360,980
# Sedentary	% Occ. Reg. Contacts	# Occ. Reg. Contacts
360,980	21.50%	77,611
# Occ. Reg. Contacts	% No Other Contacts	# No Other Contacts
77,611	31.90%	24,758
# No Other Contacts	% Full-Time	# Full-Time
24,758	74.00%	18,321
# Full-Time	% 6 Hours Sitting	# 6 Hours Sitting
18,321	25.00%	4,580

 
How many sedentary, unskilled office clerks have occasional contact with coworkers and supervisors, no contact with the public?  About 4,580.  And lest you have forgotten, the DOT describes the work as requiring reasoning level 3 -- the occupations are not simple.  

Case Study #20519 - No Production Pace and Occasional Contact with Others

A case on remand from the federal courts that results in a favorable decision.  I want the ALJ to adopt the prior residual functional capacity. The ALJ thinks that the RFC will result and benefits as of age 55. I think that it results and no jobs for a younger individual or an individual closely approaching advanced age. Here is the residual functional capacity:

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b); except, she would be able to lift and carry 20 pounds occasionally and 10 pounds frequently, she would have no limitations in sitting, standing and/or walking. However, she could not work around unprotected heights or dangerous moving machinery. She would be unable to perform any climbing of ladders, ropes or scaffolds, and she must avoid sun, so she would be unable to perform any outdoor work activities. Lastly, she would be limited to unskilled, simple, repetitive tasks with no high production quotas or rapid assembly line work, and only occasional contact with coworkers and little or no contact with the public.

My primary concerns turn on unskilled, simple, repetitive tasks, no high production quotas, no rapid assembly line work, occasional contact with coworkers and little or no contact with the public. The theory of the case is simple: the absence of production quotas or assembly line work precludes work in the manufacturing sector; the preclusion to more than occasional contact with coworkers precludes clerical function; the limitation to little or no contact with the public eliminates service occupations. My question to the vocational expert consisted of reading the RFC assessment. The vocational expert responded, "no jobs."

The ALJ doesn't believe it. The ALJ does not ask the vocational expert for an explanation but turns to me and asks for an explanation.  I gave him my theory of the case. The ALJ asks about cleaner work. My response is simple, cleaners are part time jobs and therefore not presumptively substantial gainful activity. The ALJ turns to the vocational expert and asks for an explanation about cleaner jobs.

The vocational expert admits to having recently conducted a labor market survey and job analysis confirming that cleaners in hotels and motels (1) work with teams of other cleaners, and (2) have high production quotas between 11:00 AM and 3:00 PM to get all the rooms on two floors of a hotel or motel cleaned so that the establishment can rent them out again. The ALJ asked about office cleaners. The vocational expert responded that those are janitors and generally medium.

We can verify the absence of light cleaner jobs that fit the hypothetical question.

37-2012.00 - Maids and Housekeeping Cleaners

Series ID: ORUP1000062300000662

Not seasonally adjusted

Series Title: % of maids and housekeeping cleaners; strength is light work

Requirement: Physical Demands

Occupation: maids and housekeeping cleaners

Estimate: strength is light work

Year	Period	Estimate
2017	Annual	23.1

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000062300000662

37-2012.00 - Maids and Housekeeping Cleaners

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?	59	Constant contact with others
	35	Contact with others most of the time
	2	Contact with others about half the time
	3	Occasional contact with others
	2	No contact with others

Interpersonal Relationships	%	Response
Work With Work Group or Team — How important is it to work with others in a group or team in this job?	37	Extremely important
	24	Very important
	18	Important
	20	Fairly important
	1	Not important at all

Structural Job Characteristics	%	Response
Duration of Typical Work Week — Number of hours typically worked in one week.	4	More than 40 hours
	35	40 hours
	60	Less than 40 hours

Within the context of maids and housekeeping cleaners, less than a quarter require light exertion; only 5% have occasional and no contact with others; only 1% do not work with a group or team as an important job function; and 40% work full time. The data confirms the vocational expert's testimony.

A quick check of janitors confirms the vocational testimony.

37-2011.00 - Janitors and Cleaners, Except Maids and Housekeeping Cleaners

Series ID: ORUP1000062200000662

Not seasonally adjusted

Series Title: % of janitors and cleaners, except maids and housekeeping cleaners; strength is light work

Requirement: Physical Demands

Occupation: janitors and cleaners, except maids and housekeeping cleaners

Estimate: strength is light work

Year	Period	Estimate
2017	Annual	10.9

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000062200000662

37-2011.00 - Janitors and Cleaners, Except Maids and Housekeeping Cleaners

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?	32	Constant contact with others
	39	Contact with others most of the time
	6	Contact with others about half the time
	21	Occasional contact with others
	1	No contact with others

Interpersonal Relationships	%	Response
Work With Work Group or Team — How important is it to work with others in a group or team in this job?	34	Extremely important
	41	Very important
	16	Important
	4	Fairly important
	6	Not important at all

Structural Job Characteristics	%	Response
Duration of Typical Work Week — Number of hours typically worked in one week.	1	More than 40 hours
	64	40 hours
	35	Less than 40 hours

The data finds that janitors have a much smaller incidence of light exertion; have more jobs with occasional or less contact with others; still have the vast majority working with a group or team; and the majority working full-time hours. The vocational experts a synthesis that the scope of the hypothetical question would preclude janitors and cleaners is reasonable. 

Occu Collect has a free summary DOC/SCO report just for signing up.