Transferable Skills to Telephone Solicitor, Part II -- the DOT Data Set

Vocational expert assumes the presence of a work history that includes selling cable television service to walk-in customers.

259.357-022 SALES REPRESENTATIVE, TELEVISION CABLE SERVICE (radio-tv broad.)

    Contacts homeowners, apartment managers, and other prospects to sell cable television service: Compiles list of prospective customers from lists of homes that do not have cable television and lists of residential addresses with names of owners and occupants. Travels throughout assigned territory to call on prospective customers in their homes to solicit orders. Performs duties as described under SALES REPRESENTATIVE (retail trade; wholesale tr.) Master Title.
GOE: 08.02.06 STRENGTH: L GED: R4 M3 L4 SVP: 3 DLU: 88

The ALJ directs the VE to assume a limitation to sedentary work.  Vocational expert identifies the occupation:

299.357-014 TELEPHONE SOLICITOR (any industry) alternate titles: telemarketer; telephone sales representative

    Solicits orders for merchandise or services over telephone: Calls prospective customers to explain type of service or merchandise offered. Quotes prices and tries to persuade customer to buy, using prepared sales talk. Records names, addresses, purchases, and reactions of prospects solicited. Refers orders to other workers for filling. Keys data from order card into computer, using keyboard. May develop lists of prospects from city and telephone directories. May type report on sales activities. May contact DRIVER, SALES ROUTE (retail trade; wholesale tr.) 292.353-010 to arrange delivery of merchandise.
GOE: 08.02.08 STRENGTH: S GED: R3 M3 L3 SVP: 3 DLU: 88

The regulations describe transferability:

(2) How we determine skills that can be transferred to other jobs. Transferability is most probable and meaningful among jobs in which—

(i) The same or a lesser degree of skill is required;
(ii) The same or similar tools and machines are used; and
(iii) The same or similar raw materials, products, processes, or services are involved.

We examine each of those elements.  It is clear that the SVP for sales representative is 3 and the SVP for telephone solicitor is also a 3.  Same or lesser degree of skill is required.

The concept of tools and machines is denominated by the DOT-data set as work fields (WF).  The concept of raw materials, products, processes, or services is described in the DOT-data set as Materials, Products, Subject Matter, and Services (MPSMS).  SSA recognizes this in POMS DI 25015.017, Transferability of Skills Assessment (TSA).  Paragraph I, step 4 tells the adjudicators to search for same or similar:

• guide for occupational exploration (GOE) code;
• materials, products, subject matter, and services (MPSMS) code;
• work field (WF) code;
• occupation group (first three digits of DOT code); or
• industry designation.

Compare the GOE:  08.02.06 versus 08.02.08.   The first four digits are the same.  The codes are similar.  The data for sales representative:

WORK    code: 292      MERCHANDISING-SALES
MPSMS   code: 869      COMMUNICATION SERVICES, OTHER

The data for telephone solicitor:

WORK    code: 292      MERCHANDISING-SALES
MPSMS   code: 885      SALES PROMOTION SERVICES

The work fields are the same.  No further inquiry is necessary.

The MPSMS codes diverge after the first digit.  We examine that element.  MPSMS group 860, communication services is described in the Revised Handbook for Analyzing Jobs:

This group includes aural or visual communication and broadcasting services provided by tele
phone and telegraph operators, radio and television broadcasters, radar-station operators, telephoto operators, and related workers. Newspapers, magazines, and related printed and published products are classified in Group 480. Telephone message services are classified in
Group 890. Lecturing and public-speaking services are classified in Group 930. Installation,
maintenance, and repair of communication structures and equipment are classified in Group
360 and 580. respectively.

The RHAJ describes MPSMS 869 as:

Communication Services, n.e.c. (cablevision, missile tracking and radar, telephoto, ticker tape, etc.)

That is the nature of the work as a sales representative.

The RHAJ describes MPSMS 880 as:

This group includes retail and wholesale trade, route sales and delivery, auctioneering, vending, rental, sales promotion, merchandise displaying, and related merchandising services rendered by commodity-sales personnel, vendors, peddlers, newspaper carriers, sales-route drivers, auctioneers, rental clerks, cashiers, demonstrators, models, window dressers, commercial decorators, professional shoppers, buyers, and similar workers. Sales personnel engaged in selling finance, insurance, real estate, transportation, utilities, advertising, and related services are classified according to the services being sold.

MPSMS code 885 is:

Sales Promotion Services (demonstrating, modeling, etc.)

Our friends at SkillTran, the publishers of Job Browser Pro, Occubrowse, and other products describes the landscape of the TSA for SSA purposes as:

SkillTRAN implements its transferability analysis as follows: 

Directly Transferable Occupations share at least one of the three digit WORK fields known from each job of the past work history AND have at least one of the same three digit MPSMS codes from any of those jobs done in the past. Directly transferable occupations have primary job duties that are very similar to past work. Little or no learning of job duties is anticipated. 

Closely Transferable Occupations are in combination WORK fields (which involve multiple work technologies) AND have at least one of the same three digit MPSMS codes from past work history. Some learning of a few job duties may be anticipated. 

Generally Transferable Occupations share at least one of the two digit WORK fields from the past work history AND have at least one of the two digit MPSMS fields from the past. Two digit coding by WORK and MPSMS clusters occupations into generally related groups that may not share the same specific skills as developed in the past. Some learning of essential job duties is likely to be necessary. 

Directly Related Occupations share at least one of the three digit WORK fields known from the past work history but could involve any kind of MPSMS. Some moderate to significant on-the-job training can be anticipated. Formal training may be necessary for some occupations. 

Generally Related Occupations share at least one of the two digit WORK fields known from the past work history but could involve any kind of MPSMS. Significant on-the-job or formal training can be anticipated.
Unskilled Occupations (SVP = 1 or 2) can be learned within 30 days and require no previous occupational experience. There are a total of 3,125 unskilled occupations in the DOT.  

 The transition from sales representative to telephone solicitor does not have transferable skills.  They are directly related occupations.  The same three digit work fields and unrelated MPSMS codes that will involve moderate to significant on-the-job training.  Of course, the only reason that no one needs training to perform the occupation of a telephone solicitor is in reality unskilled per the OOH.

Transferable Skills to Telephone Solicitor, Part 1 -- the OOH

Vocational expert assumes the presence of a work history that includes selling cable television service to walk-in customers.

259.357-022 SALES REPRESENTATIVE, TELEVISION CABLE SERVICE (radio-tv broad.)

    Contacts homeowners, apartment managers, and other prospects to sell cable television service: Compiles list of prospective customers from lists of homes that do not have cable television and lists of residential addresses with names of owners and occupants. Travels throughout assigned territory to call on prospective customers in their homes to solicit orders. Performs duties as described under SALES REPRESENTATIVE (retail trade; wholesale tr.) Master Title.
GOE: 08.02.06 STRENGTH: L GED: R4 M3 L4 SVP: 3 DLU: 88

The ALJ directs the VE to assume a limitation to sedentary work.  Vocational expert identifies the occupation:

299.357-014 TELEPHONE SOLICITOR (any industry) alternate titles: telemarketer; telephone sales representative

    Solicits orders for merchandise or services over telephone: Calls prospective customers to explain type of service or merchandise offered. Quotes prices and tries to persuade customer to buy, using prepared sales talk. Records names, addresses, purchases, and reactions of prospects solicited. Refers orders to other workers for filling. Keys data from order card into computer, using keyboard. May develop lists of prospects from city and telephone directories. May type report on sales activities. May contact DRIVER, SALES ROUTE (retail trade; wholesale tr.) 292.353-010 to arrange delivery of merchandise.
GOE: 08.02.08 STRENGTH: S GED: R3 M3 L3 SVP: 3 DLU: 88

The regulations describe transferability:

(2) How we determine skills that can be transferred to other jobs. Transferability is most probable and meaningful among jobs in which—

(i) The same or a lesser degree of skill is required;
(ii) The same or similar tools and machines are used; and
(iii) The same or similar raw materials, products, processes, or services are involved.

We assume each of those factors for this discussion.

Focusing in on the object occupation, telephone solicitor, we discover that it belongs to the occupational group of telemarketers, SOC 41-9041.  The O*NET OnLine describes an SVP of 4.0 to < 6.0.  That detail page does not contain a link to the Occupational Outlook Handbook.  That means that the OOH does not contain detailed information about telemarketers.  The occupation is on the long list of occupations not covered in detail.  The OOH describes telemarketers:

Telemarketers

Solicit donations or orders for goods or services over the telephone.

• 2016 employment: 216,600
• May 2017 median annual wage: $24,460
• Wages come from the Occupational Employment Statistics (OES) program, click here for more OES data on this occupation
• Projected employment change, 2016–26:
  • Number of new jobs: 0
  • Growth rate: 0 percent (Little or no change)
• Education and training:
  • Typical entry-level education: No formal educational credential
  • Work experience in a related occupation: None
  • Typical on-the-job training: Short-term on-the-job training
• O*NET links:
• 41-9041.00 - Telemarketers

Short-term on-the-job training is one month or less -- i.e. unskilled.  

How many DOT codes are inside this group called "telemarketers?"  Just one, telephone solicitor.  

The Commissioner takes administrative notice of the OOH.  Administrative notice proves facts without evidence.  Suggested approaches:

Q:  The occupation of telephone solicitor, how many of those just read a script?

Q:  How many telephone solicitors require a month or less of training?

Q:  If the Department of Labor classified telephone solicitor as unskilled in a different publication, would you defer to that classification?

Q:  How does the OOH classify telemarketers, skilled, semi-skilled, or unskilled?

Q:  If a worker couldn't function without assistance within the first month, would that person get terminated?

Administrative notice of the DOT permits rebuttal.  Due process requires the ability to rebut presumptions made in administrative notice.  Technology has changed since the DLU of 1988 and the OOH captures that shift.  We have heard vocational experts in other cases claim that at least part of the occupational base is unskilled.  Beat that drum in the face of transferable skills testimony -- the occupation is no longer semi-skilled.  

Simple Unskilled Work with the Work Function of Persuading

As we persist through the agonal days of the Dictionary of Occupational Titles, time still exists to disassemble vocational expert testimony based on apparent conflict with the DOT.  The typical basis for establishing conflict with the testimony and the DOT focus on the trailer information described in Appendix C.  I have suggested at NOSSCR conferences that we use the Data-People-Things codes found in Appendix B.  This post looks at the 11 unskilled occupations and one semi-skilled occupation occasionally identified as transitioned to unskilled with the fifth digit, of 5. 

The middle three digits "reflect relationships to Data, People, and Things, respectively. These digits express a job's relationship to Data, People, and Things by identifying the highest appropriate function in each listing." The 5th digit of the DOT code reflects the people function. When that 5th digit is a 5, the DOT informs that the occupation requires persuasion.

                               DOT             Name                                                St  SVP   GED

291.457-010	Cigarette Vendor	L	2	222
291.454-010	Lei Seller	L	2	222
292.457-010	Newspaper Carrier	L	2	222
295.357-018	Furniture-Rental Consultant	L	2	322
342.657-010	Barker	L	2	323
293.357-014	Fund Raiser II	L	2	323
293.357-018	Goodwill Ambassador	L	2	323
291.357-010	Sales Representative, Door-to-Door	L	2	323
342.357-010	Weight Guesser	L	2	323
291.457-014	Lounge-Car Attendant	M	2	222
291.457-022	Vendor	M	2	222
299.357-014	Telephone Solicitor	S	3	333

Some of the usual suspects are on the list. Furniture-rental consultant, fund raiser II, and telephone solicitor. The two medium occupations have reasoning level 2 as do three of the light occupations. The common factor in these 12 DOT codes is that 5th digit -- a 5. Appendix B defines that worker function as persuading. Appendix B refines that definition:

5 Persuading: Influencing others in favor of a product, service, or point of view.

The Revised Handbook for Analyzing Jobs gives examples of persuading as a worker function.

5 Persuading: Influencing others in favor of a product, service, or point of view.
5: 1 Sells services of industrial psychology firms to management officials.
5:2 Calls on farmers to solicit repair business and to sell new milking equipment. Demonstrates milking machines.
5:3 Offers articles at auction, asking for bids, attempting to stimulate buying desire of bidders and closing sales to highest bidder.
5:4 Sells all types of life insurance by pointing out company programs that meet clients' insurance needs.
5:5 Solicits membership for club or trade association. Visits or contacts prospective members to explain benefits and cost of membership and to describe organization and objective of club or association.
5:6 Contacts individuals and firms by telephone and in person to solicit funds for charitable organization.
5:7 Sells home appliances to customer after pointing out salable features of merchandise.
5:8 Calls on retail outlets to suggest merchandising advantages of company's trading stamp plan.
5:9 Promotes use of and sells ethical drugs and other pharmaceutical products to doctors, dentists, hospitals, and retail and wholesale drug establishments.
5:10 Purchases merchandise or commodities for resale.

Worker functions that require persuading are not simple. They might be a skills that a worker has to learn over time to gain proficiency. It is well beyond the suggestive-sell of a fast food worker, "you want fries with that?"

The ALJ must adduce a reasonable basis for accepting vocational expert testimony that conflicts with the DOT.  Social Security Ruling 00-4p.  Cross-examination becomes key.

"Do you consider the art of persuasion something that workers learn over time?"  
"If reading from a script is all that is necessary for telemarketers, do they need to learn how to read it persuasively?
"Is communicating in a persuasive manner a skill?"
"Is there anything in the medical-vocational profile framed in the ALJ's hypothetical question that suggests to you the ability to perform work functions that require the person to be persuasive?"

Demonstrate fluid application of the DOT in its native format and that might put an end to the VE punking you -- or do for you what it has done for me, provide convincing anecdotal evidence that the VE corps do not put much if any thought into their testimony.

Be aggressive on these "5" jobs, they require persuasion.