Updated Index of the Blogs

I have gotten to the point where I tell someone that I wrote about a certain subject, see my blog.  But it isn't necessarily easy to find.  So I created a very rough topical index to help, until I get more ambitious.  May 18, 2018.  Copyright Lawrence D. Rohlfing.

Index of the California Social Security Attorney Blog

I. Vocational Expert Cross-Examination

Anatomy of a Cross-Examination - Using All the Tools

Essential, Integral, or Expected Job Functions

Below Average Finger Dexterity -- Hearing Examination Develops the Vocational Cross

Keeping the Theory of the Case in Mind During VE Cross

Cross-examination on the Sit vs. Stand/Walk Option

Defining Terms - Critical to Proving Disablity

Changing the Dialogue from Off-Task to Consequence of Error

Be Prepared to Defend Cross-Examination on the OOH and CBP

Simple Unskilled Work with the Work Function of Persuading

Using Objective Findings as a Basis for Cross-Examination

Finger Dexterity -- Examples of Average Dexterity -- How to Develop the Evidence

Cross-Examination on Occasional Contact with Supervisors

Prolonged Standing and Walking Required of Medium Work -- Three Examples

Prolonged Standing and Walking Required of Medium Work -- Use the ORS

Vocational Expert Cross -- Phoenix So

Aptitudes and the DOT codes

When to Cross-Examine Vocational Experts

Surprise and the Post-Hearing Brief

Achilles Heel, Vocational Expert Cross-Examination, NOSSCR June 2017

Shameless Plug - Vocational Expert Cross-Examination - at NOSSCR June 2017

Serial Hypothetical Questions - Makes Cross Impossible

Vocational Expert Cross -- Slides from Vegas

How to Cross-Examine a Vocational Expert on Superficial Contact with Supervisors

Minimal or Superficial Contact with Coworkers and Supervisors -- A Debilitating Limitation

II. Numbers

Presenting Evidence of Job Numbers and Waiver

The numbers game

The Vocational Expert is Not a Statistician

It Really is Time to Object to Vocational Experts Giving Numbers Testimony -- Always

Vocational Experts, Trains, Automobiles, and Lies

III. Vocational Resources

O*NET -- Describes the Occupational Characteristics and Work Requirements

OccuCollect

Manual and Finger Dexterity from the O*NET

The Occupational Outlook Handbook -- Equivalence to the DOT

The Occupation-Industry Matrix Gives a Labor Check on Census Numbers

The Occupational Outlook Handbook -- Why Do ALJs and Vocational Experts Question the Application

How to Access County Business Patterns

Selected Characteristics -- Important Definitions of Physical Demands

Selected Characteristics -- Important Definitions of Environmental Demands

County Business Patterns and a National Program of Adjudication

The Future of the O*NET for SSA Adjudication

Occupational Requirements Survey, SSA, and Proof of Work

Social Security Ruling 00-4p Warrants No Deference

Glossary of Terms for the Occupational Outlook Handbook

Free v. Social Security Administration, Atmospheric Conditions Includes Dust, Fumes, and Gases

Unskilled Light Work and the Occupational Outlook Handbook

No High School, Unskilled Work and the OOH

Can We Refer to the O*NET in Disability Cases?

Production Workers, All Other, and the Occupational Employment Quarterly

Obsolete Occupations

Transferable Skills Analysis

IV. Vocational Factors

The Worn Out Worker -- 35 Years of Arduous Work and the Inability to Adapt

Adverse Vocational Profiles -- The Inability to Adjust to Other Work

The Ability to Communicate in English is an Incomplete Finding

High School Education in Another Language is Irrelevant

Lockwood is Dead, Long Live HALLEX

V. Occupational Groups

1.     Production Workers, All Other, SOC 51-9199

How Much of Production Workers, All Other, Requires Medium Exertion?

Sticker ... an artificial flower worker with artificial numbers

Sit-Stand Option and Production Workers, All Other -- Occupational Requirements Survey and OOH

Production Workers, all other SOC 51-9199

Understanding Production Workers, All Other -- SOC 51-9199

Production Workers, All Other -- List of DOT Industries and Number of Occupations

Production Workers, All Other, and the Occupational Employment Quarterly

Production Workers, All Other -- Are There Significant Numbers of Unskilled Jobs?

Production Workers, All Other and the Existence of Any Sedentary Work

Final Assembler, Lens Inserter, and the Optical Goods Industry

Production Workers, All Other and the Optical Goods Industry

2.     Packing Jobs

There are No Sedentary Packing Jobs in the Economy

3.     Cashiering

Cashiers and the Work Week -- Part Time is Not Presumptive SGA

Cashier II and the Sit-Stand Option

Sedentary Cashier Jobs -- Don't Exist per the BLS

Cashiers and the Sit-Stand Option is Not Generally Available

4.     Clerical and Clerks

Information Clerk, Reasoning Level 4, and Unskilled Work

Boat-Rental Clerk and County Business Patterns Table Presented

Telephone Quotation Clerk as Representative of Other Unskilled Information Clerks

Call-Out Operator (DOT 237.367-014) No Longer Exists

Counter Clerks -- DOT 249.366-010

Furniture Rental Consultants 295-357-018

Furniture Rental Consultants part II

Investigator, Dealer Accounts, 241.367-038

Order Clerk, Food and Beverage, 209.567-014

Vocational Experts Will Say Anything

Parimutuel-Ticket Checker 219.587-010 -- Sedentary Job Numbers

Counter Clerk (photofinishing) - Viewed Through the DOT

5.     Sewing Machine Operators

A Follow-Up on Sample Maker

6.     Inspectors

Film Touch-Up Inspector, DOT 726.684-050, Occasional Decision-Making - You Can't Be Serious

7.     Surveillance Systems Monitor

The Nail in the Coffin - Surveillance Systems Monitor

8.     Maids and Housekeeping Cleaners

Maids and Housekeeping Cleaners -- Standing, Walking; Full-Time; and Public

9. Other Occupations

Has Document Preparer Turned Into Document Scanner?

ALJ Says that Leaf Tier Exists in Significant Numbers -- Based on His Anecdotal Experience

The Pincers of Limitations the Cut Out Unskilled Work

Preschool Teacher -- Not Light Work -- Rebut the DOT

Markers -- Truly a Problematic Occupation -- Dissected with the ORS

Investigator, Dealer Accounts: Reasoning, Math, Language, and Compiling

VI. Policy, Ethics, and Professionalism

Judge Says He Has No Discretion to Roll Back Three Months

A Loss for Liberty and Accountability

Chiclets, Poverty, and Policy

Is the Attorney Representative All that AND a Bag of Potato Chips?

Test Your Knowledge of How the Disability Insurance Benefit Program Works

How Did You Do on the Test?

Rules Matter -- Cuevas v. Hartley and Kozinski's Dissent

Rudolph Patterson, NOSSCR founder, has passed

What Happens When Allowance Rates Drop ... to the Public Fisc

Brief Writing Tips in SS cases

Senator Coburn's Suggestions for SS Disability as He Leaves Congress

I answer the questions from the NOSSCR conference in Las Vegas

Recent Spate of Disability Fraud Discussions

How to Find a Lawyer

Social Security Disability Adjudcation -- Get Real

SSA Makes its Own Case for the Disability Program

An Open Letter from Former Commissioners of the Social Security Administration

Wall Street Journal and Binder & Binder

The Eastern District of California - Fresno Division

More on Judges that Vary from the Norm

Administrative Law and the Lottery

Some Judges Can't Say No, but Others Can't Say Yes

Trust Fund Exhaustion One Year Sooner -- 2036 !!!

Retirement Program Broke in 2037

Medicare and a Partial Solution

Social Security and Paternity

VII. Agency Policy – The Regulations, Rulings, POMS, and HALLEX

Social Security Rulings 16-3p and 96-7p

Social Security Rulings 96-7p and 16-3p

The Treating Physician Rule Will Die, Now What?

The Treating Physician Rule

Shapiro v. Social Security Administration -- ALJ firing upheld

ODAR Hasn't Vetted POMS ... So What?

Subsequent Applications -- Just Do It

Subsequent Applications and Fees -- Oh My

Social Security Ruling 11-1p

NOSSCR Conference in Baltimore - May 2011

VIII. EAJA Fees

EAJA Timeliness and Prematurity

The EAJA Offset and 406(b) Fees

EAJA Offset

Hardisty v. Astrue-- EAJA and Unreached Issues

Court Scrutiny of EAJA Settlements with a Federal Agency

Notes on McLean v. Colvin — and EAJA Case

When the Commissioner Stipulates to Remand, the Plaintiff Always Gets EAJA Fees

The Court Orders the Payment of Benefits and SSA Drags Its Feet

IX. Contingency Fees

Questions on Fees from NOSSCR Spring 2018

The Fallacy of the Labor Value Matrix - Contingency Fees

1. Fee Petitions and Travel Time in Social Security Cases

2. May a Representative Charge for Time After the Favorable Decision in Social Security Cases?

3. May a Representative that Worked on a Case and Subsequently Appointed Annotate on the Itemization Services Provided Before the Actual Appointment?

EM-13024 And Fees to Representatives that Waive Direct Payment

OPINION LETTER ON REFERRAL FEES

NOSSCR Conference in Baltimore - May 2011

X. Agency Policy

Judge Says He Has No Discretion to Roll Back Three Months

The Five-Day Rule

Electronic Folders ... the New SSA

Electronic Banking and Social Security

SSA announces top baby names

XI. Court Decisions

Hey Courts -- Apply the Law in Effect at the Time of Decision

The Limited Utility of Unpublished Opinions

A Dangerous Trend -- Re-Writing the ALJ Decision

Attmore v. Colvin - Medical Improvement Standard

Notes on McLean v. Colvin — and EAJA Case

Notes on Finnegan-Crews v. Colvin

Turning Down the Heat on the "Remand for the Payment of Benefits"

Dominguez v. Colvin -- the CAT and Award of Benefits

Remand for Further Proceedings in Esparza v. Colvin

Sheridan v. Colvin ... another unpublished opinion

Harshaw v. Colvin

Phillips v. Colvin/Commissioner

Young v. Colvin

McLeod or Chaudhry -- the Duty to Develop

Beltran v. Astrue

Hardisty v. Astrue-- EAJA and Unreached Issues

Taylor v. Commissioner of SSA

Carrillo Yeras v. Astrue

Aarestad v. Commissioner

Scalia Prepares to do a 360?

Keyser v. Commissioner of SSA

Bassett v. Astrue

Roberts v. Commissioner of SSA

Lockwood v. Astrue

Strauss v. CSSA

Pending at the Supreme Court

The Dangers and Pitfalls of Forney Appeals -- Leon v. Berryhill