Monday, May 27, 2019

Electrical and Electronic Equipment Assemblers -- Post Biestek Analysis -- Part 3

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.

In part 2 of this series, we calculated the number of SVP 2 jobs within equipment assemblers 63,919 jobs at all exertion levels.  We calculated the number of light unskilled jobs is 18,089.  In this final part of the series, we examine the existence of sedentary unskilled jobs as an equipment assembler.

We already estimated the number of unskilled jobs at 63,919.  Just under 30% are light.  The 2017 data set put the number of medium jobs at just under 80%.  There is a clear downward estimation of the number of jobs that require medium exertion -- 80% + 30% = 110%.  While the two data sets are not necessarily consistent, it does lead to the observation that the number of sedentary jobs is probably very small.  Since we have the reported percentage of light jobs, estimating the percentage of medium jobs will help complete the algebraic equation of S + L + M + H + V = 100%.

Series ID: ORUP1000091300000241
Not seasonally adjusted
Series Title: % of electrical and electronic equipment assemblers; lifting/carrying > 20 lbs & <= 50 lbs is required, seldom
Requirement: Physical Demands
Occupation: Electrical and Electronic Equipment Assemblers
Estimate: lifting/carrying > 20 lbs & <= 50 lbs is required, seldom
YearPeriodEstimate
2018Annual57

Seldom lifting/carrying more than 20 pounds make that job medium.  We can confidently conclude that the percentage of medium jobs is at least 57%.

Series ID: ORUP1000091300000234
Not seasonally adjusted
Series Title: electrical and electronic equipment assemblers; pounds maximum weight lifted/carried (10th percentile)
Requirement: Physical Demands
Occupation: Electrical and Electronic Equipment Assemblers
Estimate: pounds maximum weight lifted/carried (10th percentile)
YearPeriodEstimate
2018Annual8.18

This data point suggests that somewhere around the 10th percentile, the seldom lifting/carrying exceeds 10 pounds and the upper limit of sedentary exertion.

Series ID: 
ORUP1000091300000126
Not seasonally adjusted
Series Title: electrical and electronic equipment assemblers; hours of standing/walking (10th percentile)
Requirement: Physical Demands
Occupation: Electrical and Electronic Equipment Assemblers
Estimate: hours of standing/walking (10th percentile)
YearPeriodEstimate
2018Annual0.8
Series ID: ORUP1000091300000127
Not seasonally adjusted
Series Title: electrical and electronic equipment assemblers; hours of standing/walking (25th percentile)
Requirement: Physical Demands
Occupation: Electrical and Electronic Equipment Assemblers
Estimate: hours of standing/walking (25th percentile)
YearPeriodEstimate
2018Annual1.6
Series ID: ORUP1000091300000128
Not seasonally adjusted
Series Title: electrical and electronic equipment assemblers; hours of standing/walking (50th percentile - median)
Requirement: Physical Demands
Occupation: Electrical and Electronic Equipment Assemblers
Estimate: hours of standing/walking (50th percentile - median)
YearPeriodEstimate
2018Annual4.8

These three data points suggest that the standing/walking required is not exceeded until past the 25th percentile.  Sedentary work provides the proper classification based on lifting/carrying, pushing/pulling, or standing/walking.  Any one of the requirements of work will cause the classification to change to light exertion.

Putting these points together, we can start with 57% of the jobs require medium and 28.3% require light exertion.  That aggregates to 85.3% of the jobs.  The number of sedentary jobs cannot exceed 14.7% of jobs along with any heavy or very heavy jobs.  Using 14.7% of the jobs is roughly consistent with the 10th percentile for lifting/carrying and the 25th percentile for standing/walking.  We use the assumptions least favorable to the claimant, 14.7% of the jobs.  

We started this piece with the assumption of 63,919 unskilled jobs.  Applying the 14.7% maximum number of sedentary jobs -- along with the assumption that unskilled work occurs with equal frequency regardless of exertion as opposed to an assumption that skill and exertion have an inverse relationship -- yields an estimate of 9,396 unskilled sedentary jobs.  

The OccuCollect jobs calculator does not give this estimate.  When the ORS does not estimate job incidence within an occupation for an exertional level, OccuCollect reports no jobs.  Users should view that "0" as a "no estimate" rather than no jobs.

See When to Use Occu Collect.






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
YearPeriodEstimate
2018Annual29.2

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
YearPeriodEstimate
2018Annual22.6

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
YearPeriodEstimate
2018Annual28.3

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
YearPeriodEstimate
2017Annual78.9

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.

Sunday, May 26, 2019

Electrical and Electronic Equipment Assemblers -- Post Biestek Analysis -- Part 1

We are in the post-Biestek era.  The record must show conflict.  That poses the obligation on the ALJ to resolve that conflict.  Unrebutted testimony is substantial evidence.  Today, we start the process of understanding Electrical and Electronic Equipment Assemblers (SOC 51-2022) (equipment assemblers).  In this piece, we survey the Dictionary of Occupational Titles, Occupational Outlook Handbook, Occupational Employment Quarterly, and Job Browser Pro.

We start this process with the survey of the DOT. Equipment assemblers contains 61 DOT codes.
Sedentary: 3 occupations, 1 unskilled
Light: 39 occupations, 10 unskilled
Medium: 16 occupations, 1 unskilled
Heavy: 3 occupations, 0 unskilled
Still looking for the broad overview, we turn to the Occupational Outlook Handbook.  The OccuCollect OOH report states:

51-2022 Electrical and electronic equipment assemblers

Typical Education Needed, 
High school diploma or equivalent
Work Experience in a Related Occupation
None
Typical On-The-Job Training Needed to Attain Competency
Moderate-term on-the-job training
2016 Employment
218,900

The typical requirements are a high school or equivalent education, no prior work experience, and are either semi-skilled or skilled.  Equipment assemblers represent 218,900 jobs.  Most of them require education and training that precludes identification by a vocational expert as target work at step 5 of the sequential evaluation process.  .

A gross equal distribution method would lead a vocational expert to identify 3,600 sedentary jobs and 35,900 light jobs.  The equal distribution method crumbles with cross-examination and the submission of rebuttal evidence.  

The Occupational Employment Quarterly (version 3.1 4th quarter 2018) uses a different data set for job numbers and reports 3,054 sedentary unskilled jobs and 30,541 light unskilled jobs.  

Job Browser Pro (version 1.67, 2017 job estimates) estimates about 1,600 jobs as a sedentary unskilled stem mounter.  JBP estimates about 78,000 jobs as light unskilled equipment assemblers.  JBP's analysis puts over half of these jobs as a record-changer assembler (DOT 720.687-010).  

Two sources suggest that some analysis of equipment assemblers will lead to a significant number of jobs in the light range of exertion and a piece at the sedentary range of exertion.  The problem rests on the gross equal distribution used by the OEQ and the sub-industry use of equal distribution by JBP.  We examine the Bureau of Labor Statistics in our next piece. 

See When to Use Occu Collect.

Tuesday, May 21, 2019

Past Relevant Work as a Sewing Machine Operator -- Over 55

A claimant is limited to sedentary exertion.  She is over 55; a limited education; marginally capable of speaking, reading, and writing in English.  This claimant has past relevant work as a sack repairer, DOT 782.687-046.  The ALJ defines and the opinion evidence supports a version of sedentary work that limits sitting to six hours in an eight-hour day.  The vocational expert testified that such a person could perform her past relevant work.

Capable counsel asks the vocational expert the quickest path to prevailing on the claim -- can a person perform the sustained requirements of sack repairer while sitting just six hours a day as opposed to seven or more hours per day.  The vocational concedes the obvious -- these jobs require prolonged sitting beyond six hours in a day.  The ALJ interrupts that if the claimant can sit for six hours, she can perform sedentary work, period and end of story.  The ALJ is wrong.

The DOT definition describes the range of work:
Sedentary Work - Exerting up to 10 pounds of force occasionally (Occasionally: activity or condition exists up to 1/3 of the time) and/or a negligible amount of force frequently (Frequently: activity or condition exists from 1/3 to 2/3 of the time) to lift, carry, push, pull, or otherwise move objects, including the human body. Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.
 /The regulatory definition is substantially the same:
Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.
The critical part of both definitions is "if walking and standing are required only occasionally."   Per the DOT, occasionally means up to 1/3 of the time.  Up to does not mean always, it means not more than.  We turn to SSR 83-10 to chase down the definition:
"Occasionally" means occurring from very little up to one-third of the time. Since being on one's feet is required "occasionally" at the sedentary level of exertion, periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday. Work processes in specific jobs will dictate how often and how long a person will need to be on his or her feet to obtain or return small articles.
The ruling uses the phrase not more than about two hours, imprinting the concept that a singular gloss of how sedentary work gets performed does not apply.  There is a ceiling for the amount of standing/walking required but the ceiling is not a floor.  The confusion intensifies when the ruling states that sedentary work requires six hours of sitting in a workday.  But that is not what the ruling says.  The ruling describes "sitting should generally total approximately six hours in an eight-hour workday."  Generally points to the typical, average, or median occupation -- generally does not mean all or almost all. Even if the latter almost all applied, the proof would need to exclude the exception.

We are looking at sack repairer and return to reliable governmental published data.  We start with the O*NET OnLine:

51-6031.00 - Sewing Machine Operators

Exertional%Response
Spend Time Sitting — How much does this job require sitting?
70
Continually or almost continually
14
More than half the time
8
About half the time
9
Less than half the time
0
Never
The group of sewing machine operators has some variation but the majority require continual or almost continual sitting (70% of the jobs).  We should have the suspicion that sewing machine operators sit more than six hours per day.  That data confirms the vocational expert's testimony in this test case -- sewing machine operators sit more than six hours in a day.  We search for statistical confirmation of that suspicion in the Occupational Requirements Survey:

51-6031.00 - sewing machine operators

Sitting, Standing, Walking Report


Hours Sitting Calculations
HoursPercentileJobsCalculation
5.56Mean153,900Not Applicable
010%153,90015,390
<= 750%153,90076,950
<= 7.8375%153,900115,425
<= 890%153,900138,510

We see that 10% of the jobs have negligible or no sitting but median requires 7 hours of sitting in a workday. The percentages of the day shed more light on the question:

Sitting is Required Calculations
% Of DayPercentileJobsCalculation
<= 69%Mean153,900Not Applicable
<= -%10%153,90015,390
<= 87.5%50%153,90076,950
<= 95%75%153,900115,425
<= 100%90%153,900138,510

The BLS statistics confirm the ETA conclusions that the majority of jobs require sitting more than six hours in a workday.  If the claimant describes past relevant work as sitting all day, a limitation to sitting six hours in a day eliminates the ability to perform past work as actually performed.  The Department of Labor takes care of the occupation as generally performed.  This claimant cannot perform past relevant work either as actually performed or as generally performed.  She takes advantage of the sedentary grid table and is irrebuttably presumed disabled.

Let us assume that the Commissioner takes administrative notice that sedentary work requires about six hours of sitting in a workday.  That notice is not part of rulemaking with notice and comment.  Therefore, the claimant has the right to notice and an opportunity to show the contrary under Heckler v. Campbell.  Even if SSR 83-10 stated that sedentary work required six hours of sitting and two hours of standing/walking as invariable facts, which the ruling does not imply when read completely, we can and must prove the contrary in appropriate cases.

Friday, May 10, 2019

Case Study -- Younger Individual, Limited Range of Light, Non-Exertional Impairments

Sometimes the resources of the O*NET and ORS just are not useful.  Take the example of a younger individual with a limited range of light.  ALJ asks the questions that don't get "there."  The ALJ asked eight hypothetical questions. 
1. Seizure precautions - past work available.
2. 1+ medium work - past work available.
3. 1+ light work - no past work, but other work as an information clerk; ticket taker; and parking lot attendant.
4. 3+ limited to four hours of standing and walking - other work as an information clerk; ticket taker; and parking lot attendant.
5. One absence a month - no change.
6. Two absences a month - no work.
7. Off task 5% of the day - other work as an information clerk; ticket taker; and parking lot attendant.
8. Off task 10% of the day - no work.
Cross-examination considers first -- can we knock this down to sedentary.  The SSA form says 2 hours of standing and separately 2 hours of walking. 
9. Seizure precaution and two hours of standing/walking combined - other work as an information clerk; ticket taker; and parking lot attendant.  
I know that information clerks and receptionists have a broad range of sitting and it does not matter if the work is light or sedentary.  VE confirms that these three occupations can sit all day. There is no medical evidence of a sitting limitation.  Move one. 
10.  Extreme limitations in the social functioning caused by poor judgment - no jobs.  
That is what the psychiatrist CE said.  The answer is expected.  Idle it back. 
11. Marked limitations in the social functioning caused by poor judgment - no jobs. 
12. Moderate limitations in the social functioning caused by poor judgment, chronic and recurring - no jobs.  
The minimalist approach works. 
13.  Rare, once a week, inappropriate with supervisors in accepting instruction and responding appropriately to criticism from supervisors - no jobs.  
Accepting a small part of the psych CE and pushing the limitation way down equals no jobs.  The lesson is when a limitation is potentially overstated, understate it in such a way that the answer is still no jobs.  See POMS DI 25020.010 for Mental Limitations for the critical requirements of unskilled work. 

Wednesday, May 8, 2019

A Case Study -- ALJ Finds the Vocational Expert Not Reliable and Schedules a Supplemental Hearing

The first hypothetical question to the vocational expert had no exertional limitations; no ladders, ropes, scaffolds, heights, proximity to moving machinery, hazards, or commercial driving; and limited to simple routine tasks.  Vocational expert identifies bagger (920.687-014) with 136,000 jobs in the nation. 

ALJ interrupts and adds light exertion to the residual functional capacity.  Vocational expert identifies cashier (211.462-010) with 682,000 jobs in the nation and garment sorter (222.687-014) with 72,000 jobs in the nation. 

ALJ adds no work with small objects, no printed circuit boards.  The vocational expert states the prior testimony still applies.  The ALJ asks about coins.  Vocational expert stands her ground.  ALJ asks for another occupation anyway.  The vocational expert identifies housekeeper (323.687-014) with 377,000 jobs in the nation.

The case is about a mental impairment.  The ALJ asks the vocational expert to assume occasional interaction with the public, coworkers, and supervisors.  The vocational expert eliminates cashier and bagger.  The vocational expert offers an alternate occupation -- office helper (239.567-010) with 62,000 jobs in the nation.  The vocational expert describes office helper as more or less filing, working more with office machinery than people and certainly not dangerous. 
ALJ: Any questions, counsel?
ATTY:  Yes.
We have office helper, housekeeper, and garment sorter to address.  I first focus on office helper.  I ask the vocational expert to read the DOT narrative into the record.  She doesn't have it in front of her, so I read it to her. Office helpers:
Performs any combination of following duties in business office of commercial or industrial establishment:
Furnishes workers with clerical supplies.
Opens, sorts, and distributes incoming mail, and collects, seals, and stamps outgoing mail.
Delivers oral or written messages.
Collects and distributes paperwork, such as records or timecards, from one department to another.
Marks, tabulates, and files articles and records. May use office equipment, such as envelope-sealing machine, letter opener, record shaver, stamping machine, and transcribing machine.
That sounds different than what you described.  The vocational expert concedes. 
Q: What is the occupational group in which office helper is classified by Labor?
A: SOC 43-5021.
Q: What is the name for that group.
A: Couriers and messengers.
Q: Is it your testimony that couriers and messengers have occasional contact with other people?
A: I rely on my experience.
Q: If I represent to you that the Department of Labor classifies this occupation as having frequent or constant contact with other is 99% of jobs, do you have a statistical basis for rebutting that classification?
A: No.
The occupation might be out but only if the residual jobs do not add up to 62,000 jobs. 
Q: Do you agree with the estimate from Labor that this group represents 95,000 jobs?
A: That sounds right.  
At this point, the ALJ continued the hearing to that afternoon.  When we come back, the ALJ states that she reviewed her notes and the vocational expert in this case was just not reliable.  Knocked out the witness. 

The next item on the cross list was housekeeping cleaners.  That kind of work requires more than occasional contact with others in 95% of jobs.  Maids and housekeeping cleaners work with a group or team in 99% of jobs.  Maids and housekeeping cleaners work work part-time in 60% of jobs. 

The last occupation on the list is garment sorter.  This occupation belongs to the ubiquitous group of production workers, all other (SOC 51-9199).  Production workers are not addressed in the O*NET.  The 2018 data set of the ORS describes the occupational group as 53% unskilled and not more than 36.1% light exertion.  The 2018 data set does not have the cognitive data, so I would have flipped back to the 2017 data set.  Contact with regular contacts is continuous in 24% of jobs and more than once per hours in 43.8 % of jobs.  The 2016 data collection that lead to the 2017 data release had four categories for contact with regular contacts and contact with other contacts:
(A) Constantly, every few minutes.
(B) More than once per hour, but not constantly.
(C) More than once per day, but not more than once per hour.
(D) No more than once per day; includes never.
(A) = constant; (B) = frequent; (C) = occasional; and (D) = seldom or never.  

BLS did not collect cognitive data for the 2018 data set but tells me that it will in the 2019 data set.  The 2018 Occupational Requirements Survey (ORS) Collection Manual, Version 4.0 lists the same hierarchy.  

The data exists and the vocational experts cannot rebut the statistical data from Labor.  They can differentiate occupations based on variance within the economy but when the variance is addressed by the data, then the vocational expert is there as a guide and not much more.  

To have all of this data ready on the fly, I use www.occucollect.com.  When the vocational expert relies on Job Browser Pro, I use the program post hearing.  When the vocational expert relies on the Occupational Employment Quarterly, I address the equal distribution method as unreliable. 

Saturday, May 4, 2019

Case Study - Limited Range of Sedentary - No Work

We look at a prior denied claim subject to the continuing presumption of non-disability.  The presumption attaches in the Ninth Circuit, Sixth Circuit, and the Fourth Circuit.  The Sixth Circuit has an additional Acquiescence Ruling to address.  The continuing presumption shifts the burden to the claimant to show changed circumstances.  We start the case study with the prior residual functional capacity assessment:
4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 416.967(a) except she can climb ramps and stairs occasionally. She can never climb ladders, ropes, or scaffold. She can stoop occasionally, but never kneel, crouch, or crawl. She can balance frequently. She should avoid unprotected heights, moving machinery, and vibration. She should be in a clean-air work environment meaning low levels of pollutants and stable temperatures. She would require a sit/stand option in thirty-minute intervals. She should work in a moderate noise environment. She is limited to simple, routine, and repetitive work and a low-stress work environment, which means none production-oriented work, but can do goal-oriented work. She can have only occasional contact with supervisors and coworkers. She could interact with small group of coworkers, as long as those interactions were infrequent and superficial. She can have little to no interaction with general public. She can have only occasional changes in the work setting. She cannot do work that would require directing others, abstract thought, or planning. She can only make simple, work related decisions.

The vocational profile is a younger individual, at least a high school education, able to communicate and literate in English, and no past relevant work.  ALJ announces that he will find changed circumstances, that the claimant has additional impairments or additional limitations and asks for an opening statement.  Claimant argues that she wins on the prior residual functional capacity and if that isn't enough, she wins on the additional limitations.  ALJ propounds the  residual functional capacity to the vocational expert -- no jobs. 

The prior ALJ decision accepted vocational expert testimony identifying work as:
inspector (DOT: 669.687-014), with 100,000 jobs in the national economy; assembler (DOT: 734.687-074), with 100,000 jobs in the national economy; and packer (DOT: 209.587-010), with 80,000 jobs in the national economy.
Put aside the question of the job numbers.  They are utter garbage.  We are focused on the first question of whether occupations exist regardless of job numbers.  Inspector is dowel inspector in the woodworking industry.   The woodworking industry exists in the manufacturing sector.  It is repetitive work.  It is a production occupation. 

Assembler is slide-fastener-chain assembler in the button and notion industry.  The button and notion industry exists in the manufacturing sector.  Assembler is repetitive work.  It is a production occupation. 

Packer is misidentified.  The DOT code refers to addresser.  That occupation is obsolete.  Packers could point to ampoule sealer or hand bander -- both production related work. 

The world of work for simple tasks involves mostly production work.  Simple and limited contact with others wipe out clerical unskilled work.  We must see limitations as erosive and cutting.  When the limitations attack the world of work from opposite directions, there is rarely anything left. 

The ALJ accepted the vocational testimony and stated the intent to issue a favorable decision -- on this application.  The other application is too far gone to reopen and revise.