Thursday, December 14, 2017

Telephone Quotation Clerk as Representative of Other Unskilled Information Clerks


A pure DOT-based assault on the vocational expert's identification of an occupation followed by the dance off the hook, it represents other occupations in other industries.  The depth of vocational expert push to identify work regardless of the truth and to defend the indefensible never surprises me, anymore.  I expect it.  

The vocational expert testified to information clerk, DOT 237.367-046.  This identification came in response to a question that assumed a range of sedentary work with simple, repetitive tasks.  

237.367-046 TELEPHONE QUOTATION CLERK (financial) alternate titles: information clerk, brokerage; quote clerk; telephone-information clerk
    Answers telephone calls from customers requesting current stock quotations and provides information posted on electronic quote board. Relays calls to REGISTERED REPRESENTATIVE (financial) 250.257-018 as requested by customer. May call customers to inform them of stock quotations.
GOE: 07.04.04 STRENGTH: S GED: R3 M2 L3 SVP: 2 DLU: 77

The vocational expert identified this occupation as requiring reasoning level 2.  The DOT describes the work as requiring reasoning level 3.  The DOT defines reasoning level as:

03 LEVEL REASONING DEVELOPMENT
Apply commonsense understanding to carry out instructions furnished in written, oral, or diagrammatic form. Deal with problems involving several concrete variables in or from standardized situations.

02 LEVEL REASONING DEVELOPMENT
Apply commonsense understanding to carry out detailed but uninvolved written or oral instructions. Deal with problems involving a few concrete variables in or from standardized situations.

01 LEVEL REASONING DEVELOPMENT
Apply commonsense understanding to carry out simple one- or two-step instructions. Deal with standardized situations with occasional or no variables in or from these situations encountered on the job.

Quotation clerk or information clerk is not simple, repetitive work.  The testimony conflicts with and fails to provide a reasonable basis for resolving that conflict.  20 C.F.R. § 404.1566(d)(1); Social Security Ruling 00-4p.

The vocational expert conceded that the occupation with a primary function of answering phone calls for current stock quotations and providing information posted no longer exists.  The vocational expert suggested that other types of information giving clerks could exist in the national economy.  The testimony lacks specificity and did not rely on a labor market survey.  

An information clerk in the clerical industry (and thus applicable across industry lines) requires reasoning level 4 and is semi-skilled. 

237.367-022 INFORMATION CLERK (clerical)
    Answers inquiries from persons entering establishment: Provides information regarding activities conducted at establishment, and location of departments, offices, and employees within organization. Informs customer of location of store merchandise in retail establishment. Provides information concerning services, such as laundry and valet services, in hotel. Receives and answers requests for information from company officials and employees. May call employees or officials to information desk to answer inquiries. May keep record of questions asked.
GOE: 07.04.04 STRENGTH: S GED: R4 M2 L3 SVP: 4 DLU: 86

The oft-cited information clerk in thetransportation-related industries requires reasoning level 4 and requires light exertion because of the standing. 

237.367-018 INFORMATION CLERK (motor trans.; r.r. trans.; water trans.) alternate titles: travel clerk
    Provides travel information for bus or train patrons: Answers inquiries regarding departures, arrivals, stops, and destinations of scheduled buses or trains. Describes routes, services, and accommodations available. Furnishes patrons with timetables and travel literature. Computes and quotes rates for interline trips, group tours, and special discounts for children and military personnel, using rate tables.
GOE: 07.04.04 STRENGTH: L GED: R4 M2 L3 SVP: 2 DLU: 77

The vocational expert’s concession that the telephone quotation clerk does not continue to exist as described in the DOT but that other occupations provide information over the telephone finds its answer in the DOT — information clerks are semi-skilled and require reasoning level 4.  The failure of the vocational expert to identify the occupation identified as requiring reasoning level 3 provides ample basis to conclude that the occupation fails to meet the requirements of the hypothetical posed.  

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