Thursday, January 19, 2017

A Follow-Up on Sample Maker

We addressed the vocational expert equivocation about the four-and-four sit-stand option in Vocational Experts Will Say Anything.  We continue that discussion by looking at the O*NET information about the occupational group of Tailors, Dressmakers, and Custom Sewers, to which the sample maker belongs. 

To recap, the vocational expert testified that our non-English-speaking claimant could go back to work as a sample maker with a sit-stand option and the inflexible four hours each, maximum.  The O*NET says this:

Spend Time Sitting — How much does this job require sitting?See more occupations related to this work context.
27     Continually or almost continually
15     More than half the time
40     About half the time
13     Less than half the time
According to the O*NET, this occupational group requires continuous or almost continuous sitting in 27% of jobs; sitting more than half the time in 15% of jobs; and less than half the time in 13% of jobs.  In 40% of the jobs, the worker must sit about half the time.  Curious, the O*NET reports:

Spend Time Standing — How much does this job require standing?
47     About half the time
32     Less than half the time

We have slightly different reports about sitting as opposed to standing about half the time.  The reasonable explanation comes from the other primary exertional activity -- walking. 

Spend Time Walking and Running — How much does this job require walking and running?
66     Less than half the time
24     Never

The question asked about occasional bending, stooping, squatting and kneeling.  The O*NET reports:

Spend Time Bending or Twisting the Body — How much does this job require bending or twisting your body?
15     About half the time
29     Less than half the time
24     Never
Spend Time Kneeling, Crouching, Stooping, or Crawling — How much does this job require kneeling, crouching, stooping or crawling?
32     Less than half the time
38     Never
A significant percentage of postural activities are unaccounted for. 

We can end this piece of the inquiry with the language problem.  The occupation as generally performed:

51 
English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar.

The concept of "as generally performed" has limited definition in Social Security Ruling 82-61.  A fair question inquires whether less than half constitutes "as generally performed" or the word used by the ruling, "ordinarily."  More on that later. 

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