The O*NET -- SSA Says Do Not Use It -- But You Should

The Commissioner re-issued EM-21065 REV 2 effective January 6, 2025. EM-21065 follows the effective date of SSR 24-3p, removed references to SSR 00-4p, and made editorial changes. EM-21065 describes the Occupational Information Network (O*NET) as different from the regulatory terms and definitions. The EM says:

Occupational Information Network (O*NET) Information: O*NET does not define physical exertion requirements in a way that is consistent with SSA regulations (20 CFR 404.1567 and 416.967). O*NET instead groups lifting with activities that SSA rules define as non-exertional (e.g., climbing, stooping, and handling). Accordingly, the information in O*NET is not generally usable in our adjudication process.

First, the criticism of the O*NET addresses the question of exertion citing the definitions of sedentary, light, and medium work in the regulations. The statement by the EM is untrue. The O*NET does not address exertion in terms of lifting, carrying, pushing, and pulling at all. The O*NET collects data and reports sitting, standing, and walking or running. (I am boldfacing the data points that I see as most common in the disability practice that matter). The O*NET collects data and reports in work context pertaining to physical work conditions:

1. Bending or twisting

2. Climbing ladders, scaffolds, or poles

3. Keeping or regaining balance

4. Kneeling, crouching, or crawling

5. Repetitive motions

6. Using the hands for handle, control, or feel

The O*NET does not label these activities as exertional. SSA puts that label on them. What is clear is the proposition that the nine categories of physical work conditions are important components of a residual functional capacity assessment. The observation that the O*NET does not classify exertion does not make the data about other work requirements inapplicable to the process. 

The O*NET collects data and reports for environmental conditions:

1. Cramped work space and awkward positions

2. Exposure to contaminants

3. Exposure to whole body vibration

4. Extremely bright or inadequate lighting

5. Sounds and noise levels 

6. Very hot and cold temperatures

This data answers questions about the requirements of work that actually exist in the national economy. The O*NET collects data and reports on the question of job hazards:

1. Disease or infection

2. Hazardous conditions

3. Hazardous equipment

4. High places

5. Minor burns, cuts, bites, or stings

6. Radiation

The O*NET collects data and reports data on work attire:

1. Protective safety equipment

2. Breathing apparatus, safety harness, full protection suits, or radiation protection

The O*NET collects data and reports on work settings:

1. Enclosed vehicle or equipment

2. Open vehicle or equipment

3. Indoors, environmentally controlled

4. Indoors, not environmentally controlled

5. Outdoors, exposed to weather

6. Outdoors, under cover

7. Physical proximity to other people

The O*NET collects data and reports structural job characteristics:

1. Level of competition

2. Consequence of error

3. Freedom to make decisions

4. Impact of decisions

5. Duration of typical work week

6. Pace determined by speed of equipment

7. Time pressure

8. Work schedules

9. Degree of automation

10. Importance of being exact or accurate

11. Importance of repeating same tasks

12. Structure versus unstructured work

The O*NET collects data and reports interpersonal relationships:

1. Electronic mail

2. Face-to-face discussions

3. Letters and memos

4. Public speaking

5. Telephone

6. Contact with others

7. Deal with physically aggressive people

8. Deal with unpleasant or angry people

9. Frequency of conflict situations

10. Responsibility for outcome or results

11. Responsibility for others' health and safety

12. Coordinate or lead others

13. Deal with external customers

14. Work with a group or team

These data do not speak to the issue of exertion and use of the medical-vocational guidelines. These data do address the requirements of work at step five of the sequential evaluation process where some of the components of the residual functional capacity require answers that the O*NET addresses. 

The O*NET resolves the question of part-time versus full-time work. The O*NET addresses the frequency of contact with others, responsibility for outcome of work, contact with the public, and teamwork. The O*NET addresses change in work schedule. These data points meet the administrative notice criteria of 20 CFR §§ 404.1566(d), 416.966(d). The Department of Labor describes the scope of data in its publication of the Dictionary of Occupational Titles:

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.

You should use the O*NET. 

___________________________

Suggested Citation:

Lawrence Rohlfing, The O*NET --  SSA Says Do Not Use It -- But You Should, California Social Security Attorney (January 9, 2025) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.

 

Aptitudes and Work Situations (Temperaments) -- SSA Says Do Not Consider Them

The Commissioner re-issued EM-21065 REV 2 effective January 6, 2025. EM-21065 follows the effective date of SSR 24-3p, removed references to SSR 00-4p, and made editorial changes. EM-21065 describes the SkillTRAN products (OccuBrowse, Job Browser Pro, and OASYS) as useful but does not replace policy, judgment, or decision-making. EM-21065 emphasizes that the SkillTRAN reports of aptitudes and work situations (temperaments) are not consistent with agency policy:

These ratings do not represent functional requirements for work because they reflect the personal interests, natural abilities, and personality characteristics of job incumbents rather than occupational requirements that adjudicators must consider when assessing the vocational impact of limitations or restrictions resulting from a medically determinable impairment(s), as is required for SSA’s disability programs.

SSA misapprehends the origin of aptitudes and temperaments. These data categories are not part of SkillTRAN products but are instead part of the DOT dataset. Every major reporter of the Dictionary of Occupational Titles (DOT) dataset report aptitudes and temperaments. The Selected Characteristics of Occupations (SCO) is just that, a statement of selected characteristics. The selected characteristics implies that the dataset contains other characteristics that the Department of Labor did not select. The "unselected" characteristics include not only aptitudes and temperaments but also work fields and materials, products, subject matter, and services codes (necessary for transferable skills analysis). 

The Revised Handbook for Analyzing Jobs (DOL 1991) (RHAJ) explains all data fields used in the DOT, SCO, and the unselected characteristics. The RHAJ defines aptitudes in chapter 9. The RHAJ explains:

Every aptitude factor must be considered independently in the rating process for each job. The analyst estimates the level of each aptitude required of the worker for average, satisfactory performance based on a careful evaluation of the work activities of the job and the specific worker abilities which can be identified in terms of the aptitudes.

The RHAJ defines the 11 aptitudes:

General Learning Ability -- the ability to "catch on" or understand instructions and underlying principles. 

Verbal Aptitude -- the ability to understand the meaning of words and to use them effectively. 

Numerical Aptitude -- the ability to perform arithmetic operations quickly and accurately. 

Spatial Aptitude -- the ability to think visually of geometric forms and to comprehend two-dimensional representation of three-dimensional objects. 

Form Perception -- the ability to perceive pertinent detail in objects or in pictorial or graphic material. 

Clerical Perception -- the ability to perceive pertinent detail in verbal or tabular material.

Motor Coordination -- the ability to coordinate eyes and hands or fingers rapidly and accurately in making precise movements with speed. 

Finger Dexterity -- the ability to move the fingers and manipulate small objects with the fingers rapidly and accurately. 

Manual Dexterity -- the ability to move the hands easily and skillfully. 

Eye-Hand-Foot Coordination -- the ability to move the hand and foot coordinately with each other in accordance with visual stimuli. 

Color Discrimination -- The ability to match or discriminate between colors in terms of hue, saturation, and brilliance.

Each of these abilities pertain to specific work functions required of the ability to perform work activity. General learning ability relates to the ability to meet the bona fide occupational qualifications (BFOQ) of work, to become proficient within prescribed training periods. Coordination and dexterity relate to the ability to perform work tasks according to employer expectations. The 11 categories of aptitudes represent functional abilities whether naturally occurring or diminished by medically determinable impairments. 

Semi-skilled can require coordination and dexterity. 20 CFR § 404.1568(b). The ability to perform light work includes sedentary work unless the person has a loss of dexterity or inability to sit for long periods. 20 CFR § 404.1567(b). The aptitudes address the reasonable expectations of employers related to the BFOQ. 

The RHAJ explains temperaments in chapter 10:

Temperaments, a component of Worker Characteristics, are the adaptability requirements made on the worker by specific types of jobs. 

The category Temperaments is one of the components of job analysis because different job situations call for different personality traits on the part of the worker. Experience in placing individuals in jobs indicates that the degree to which the worker can adapt to work situations is often a determining factor for success. A person's dissatisfaction or failure to perform adequately can sometimes be attributed to an inability to adapt to a work situation rather than to an inability to learn and carry out job duties.

EM-21065 focuses on personality traits ignoring the concept of the ability to adapt. The inability to adapt to work or vocational adaptability is grounded in the medical-vocational guidelines (the grids). Appendix 2 § 201.00(c) holds:

Vocational adjustment to sedentary work may be expected where the individual has special skills or experience relevant to sedentary work or where age and basic educational competences provide sufficient occupational mobility to adapt to the major segment of unskilled sedentary work. Inability to engage in substantial gainful activity would be indicated where an individual who is restricted to sedentary work because of a severe medically determinable impairment lacks special skills or experience relevant to sedentary work, lacks educational qualifications relevant to most sedentary work (e.g., has a limited education or less) and the individual's age, though not necessarily advanced, is a factor which significantly limits vocational adaptability.

Subsection (g) states that people closely approaching advanced age have limited vocational adaptability. See also §  202.00(c), (d). Vocational adjustment represents the correct inquiry in §§  201.00(c), (f), (g), (h), 202.00(b), (c), (f), 203(c). Vocational adjustment and adaptability is an important part of the step five analysis of the ability to successfully perform other work on a sustained basis. SSR 96-8p, 83-10 (the issue of work adjustment), 85-15, 83-11. The RHAJ definition of temperaments as related to the ability to adapt as including the concept of adjustment puts this category of the nature of work as compliant with the policy articulated by the regulations. 

Aptitudes and temperaments represent functional requirements and relate to the question of vocational adjustment and adaptability. These data points within the DOT dataset correlate with questions that arise in the sequential evaluation process and warrant pointed inquiry in appropriate cases. EM-21065 does not identify an ambiguity in the regulations and is inconsistent with the requirement that adjudicators take administrative notice of the requirements of unskilled work in the national economy. 

This is what happens when an agency chooses to legislate outside of formal or informal rulemaking processes. 

___________________________

Suggested Citation:

Lawrence Rohlfing, Aptitudes and Work Situations (Temperaments) -- SSA Says Do Not Consider Them, California Social Security Attorney (January 9, 2025) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.

 

Helpers--Production Workers Require Medium Exertion

 Helpers-Production Workers (SOC 51-9198) is a large group of occupations. The O*NET Crosswalk beaks down:

553 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report
12 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Sedentary
      2 are SVP 1      10 are SVP 2
176 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Light
      31 are SVP 1      126 are SVP 2
221 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Medium
      16 are SVP 1      156 are SVP 2
137 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Heavy
      12 are SVP 1      93 are SVP 2
7 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Very Heavy
      1 are SVP 1      5 are SVP 2

Users should consult the O*Net Alternate Titles Report for a more comprehensive list of occupations within this group.

 With 553 DOT codes contains 452 SVP 1 and 2 occupations. The 2023 EP X OEWS Job Numbers Crosswalk Report 

51-9198 - Helpers--production workers
Sector & Sub Sector - 2 & 3 Digit NAICS

NAICS	INDUSTRY	EP 2023 #'s	OEWS 2023 #'s
TE1000	Total employment	183,500	181,810
TE1000	Self-employed workers	1,700	No Data
TE1000	Total wage and salary employment	181,800	No Data

The Employment Projections (EP) "total employment" includes self-employed people. The Occupational Employment and Wage Statistics (OEWS) does not include self-employed people. The two BLS data sources agree that Helpers--Production Workers represent 181,800 jobs. The ORS 2018/2023/2024 report for physical requirements states:

51-9198 - Helpers--production workers

Physical Demands (values are Percentages, Pounds, or Hours)

Occupational Requirements – strength, exertion	2018	2023	2024
strength required is sedentary	-	<5	<0.5
strength required is light work	-	12.9	4.9
strength required is medium work	49.2	76.5	91.8
strength required is heavy work	-	10	3.4

While the 2023 data set suggests 12.9% of jobs represent light work, the 2024 data set reports 4.9%  represent light work. We also know that the ORS defines light work as occasional lifting/carrying up to 25 pounds. We next examine the specific vocational preparation (SVP) for helpers--production workers. 

51-9198 - Helpers--production workers

Education, Training, And Experience (values are Percentages or Days)

Occupational Requirements – specific vocational preparation	2018	2023	2024
specific vocational preparation is short demonstration only	-	5.7	-
specific vocational preparation is beyond short demonstration through 1 month	68.3	88.4	71.1

Most helpers--production workers engage in unskilled work. The OccuCollect Calculator puts the data together for 2023:

51-9198 - Helpers--Production Workers

Job Number Calculations
# of OEWS Jobs	% Full-Time	# Full-Time
181,810	94%	170,901
# of Jobs	% Unskilled	# Unskilled
170,901	94.1%	160,818
# of Jobs	% Light	# Light
160,818	12.9%	20,746

and for 2024:

51-9198 - Helpers--Production Workers

Job Number Calculations
# of OEWS Jobs	% Full-Time	# Full-Time
181,810	94%	170,901
# of Jobs	% Unskilled	# Unskilled
170,901	71.1%	121,511
# of Jobs	% Light	# Light
121,511	4.9%	5,954

Whether the witness uses the 2023 data set claiming 20,000 jobs or the 2024 data set claiming 6,000 jobs, that identification covers 157 DOT codes. The number of jobs must be reduced to reflect the greater lifting requirements in the modern definition of light work and eroded again for any additional exertional and non-exertional limitations. 

A sample of the light unskilled DOT codes from the 2019 O*NET-SOC to DOT Crosswalk Report:

Reporting O*NET Dataset 29.1

51-9198.00-Helpers--Production Workers

DOT Code	DOT Title	SVP	Strength
230.687-010	Advertising-Material Distributor	2	L
369.687-018	Folder	2	L
520.687-046	Mexican Food Maker, Hand	2	L
520.687-066	Blending-Tank Tender Helper	2	L
529.687-010	Basket Filler	1	L

These occupations individually represent a rare incidence of work in the national economy.

Don't let vocational witnesses identify codes within SOC 51-9198 without submitting the rebuttal evidence from the ORS and O*NET applied to the EP or OEWS. 

___________________________

Suggested Citation:

Lawrence Rohlfing, Helpers--Production Workers Require Medium Exertion, California Social Security Attorney (January 7, 2025) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.

Storage-Facility Rental Clerk -- The SkillTRAN Estimate and Reliability

The vocational witness (VW) identifies storage-facility rental clerk as an available occupation at step five of the sequential evaluation process. Relying on SkillTRAN (Job Browser Pro or OASYS) (ST), the VW describes 62,000 full-time light unskilled jobs. That is what ST says. A representative must unpack the ST estimate. 

 

1. ST says that storage-facility rental clerk is a counter and rental clerk (SOC 41-2021) occupation.
2. ST says that storage-facility rental clerk works in 

            a. Warehousing and storage (NAICS 493000) - three DOT codes
            b. Real estate (NAICS 531000) - one DOT code
            c. Drycleaning and laundry services (NAICS 812300) - eight DOT codes

Real estate employs 60,000 counter and rental clerks. Focus there. If the representative cannot beat back real estate, the game is over. I first check the occupation-industry intersection for the EP and OEWS. OccuCollect calls this the 2023 EP X OEWS Job Numbers Crosswalk Report. That report lists 97,100 and 94,630 jobs in the EP and OEWS respectively. 

NAICS	INDUSTRY	EP 2023 #'s	OEWS 2023 #'s
531000	Real estate	97,100	94,630

 ST reports 59% of jobs as full-time. A small reduction but not much. The O*NET reports 60% as full-time jobs.

 The 2022 County Business Patterns reports:

531	Real estate	1,801,455
5311	Lessors of real estate	600,728
5312	Offices of real estate agents and brokers	416,530
5313	Activities related to real estate	784,197

 Storage-facility rental clerk works in leasing storage units. The NAICS group lessors of real estate, a third of the real estate job numbers. Drill down again:

NAICS	Industry Title	Jobs
531	Real estate	1,801,455
5311	Lessors of real estate	600,728
53111	Lessors of residential buildings and dwellings	345,421
531110	Lessors of residential buildings and dwellings	345,421
53112	Lessors of nonresidential buildings (except miniwarehouses)	172,451
531120	Lessors of nonresidential buildings (except miniwarehouses)	172,451
53113	Lessors of miniwarehouses and self-storage units	47,056
531130	Lessors of miniwarehouses and self-storage units	47,056

And there is the answer. Storage-facility rental clerk do not work in residential buildings and dwellings or nonresidential buildings; that occupation exists in the industry of lessors of miniwarehouses and self-storage units. That industry employs 47,000 people in all occupations including counter and rental clerks.

Storage-facility rental clerk cannot amount to 60,000 full-time or 100,000 part-time jobs where the occupation has the purpose of “Leases storage space to customers of rental storage facility.” DICOT 295.367-026.

The case needs better information. The representative should follow the hyperlink to the BLS native EP report, and then selects counter and rental clerks (SOC 41-2021), the BLS reports no data for the groups or industries in NAICS 531. The EP does report that 24% of counter and rental clerks work in the subsector NAICS 531 and that 5.2% of the jobs in NAICS 531 work as counter and rental clerk. The representative should use that number, 5.2%, against industry employment of 47,000 jobs. The result is less than 5,000 jobs. The full-time number of jobs is less than 3,000.

Why is ST unreliable for storage-facility rental clerk? ST uses the industry subsector for estimating jobs. ST uses the industry subsector because neither the EP nor the OEWS report jobs for the industry groups or specific industries. Users must compare the DOT code to the scope of NAICS 531 as reported by the Census Bureau (use the NAICS Manual) or County Business Patterns. This also means that other DOT codes or non-DOT alternate titles for counter and rental clerk exist within the NAICS 531 subsector. The estimate of 60,000 full-time jobs is untenable and indefensible.

Nor does the data support 60,000 jobs as a storage-facility rental clerk to the exclusion of all other light unskilled DOT codes. The O*NET reports 60% of the 390,300 counter and rental clerk jobs are full-time. The 2023 ORS reports 65% of jobs represent SVP 2 work. The ORS reports 49.5% of jobs require light exertion. The OccuCollect calculator reports:

41-2021 - Counter and Rental Clerks

Job Number Calculations
# of OEWS Jobs	% Full-Time	# Full-Time
390,300	60%	234,180
# of Jobs	% SVP 2	# SVP 2
234,180	65%	152,217
# of Jobs	% Light	# Light
152,217	49.5%	75,347

 There are 24 DOT codes associated with this SOC group, you can find more information on these DOT codes by running the 2019 O*NET-SOC To DOT Crosswalk Report 

The SOC-DOT crosswalk reports eight light unskilled DOT codes resident in counter and rental clerks.

24 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report
1 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Sedentary
19 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Light
      8 are SVP 2
4 DOT title(s) in this DOT-SOC O*NET-SOC Crosswalk Report are Medium
      2 are SVP 2

Users should consult the O*Net Alternate Titles Report for a more comprehensive list of occupations within this group.

This data suggests that relying on the generic title of counter and rental clerks (SOC 41-2021) as representing 75,300 jobs satisfies the Commissioner’s step five burden. The agency has not yet said that SOC code descriptions are enough. The agency could say that and SSR 24-3p leaves that possibility open.

If the claimant is under 55 and capable of the full range of light work, that person will lose. The representative must develop the record to establish other limitations whether physical, cognitive, environmental, or educational to further erode this SOC group.

___________________________

Suggested Citation:

Lawrence Rohlfing, Storage-Facility Rental Clerk -- The SkillTRAN Estimate and Reliability, California Social Security Attorney (January 5, 2025) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.