Friday, August 2, 2019

SSR 83-10 and the Sitting and Standing/Walking Requirements of Work

Kisor v. Wilkie retools the deference doctrine found in Auer v. Robbins.  To recap the Auer deference doctrine, the courts typically defer to an agency’s reasonable interpretation of its own ambiguous regulation so long as the interpretation was not either plainly erroneous or inconsistent with the statute or regulation.  Social Security Rulings are frequent recipients of deference.  The rulings bind all components of the agency.  Under Kisor, that automatic deference in most circuits is now up for reconsideration.  Today, we examine deference owed to Social Security Ruling 83-10 in its description of the exertion levels defined Dictionary of Occupational Titles as requiring sitting six hours for sedentary work and standing/walking six hours for light and medium work. 

We start with the text of the administrative notice regulation:
(d) Administrative notice of job data. When we determine that unskilled, sedentary, light, and medium jobs exist in the national economy (in significant numbers either in the region where you live or in several regions of the country), we will take administrative notice of reliable job information available from various governmental and other publications. For example, we will take notice of—
(1) Dictionary of Occupational Titles, published by the Department of Labor;
The Commissioner takes administrative notice of reliable nob information from various governmental and other publications.  Social Security Ruling 83-10 makes statements about the exertional demands of sedentary, light, and medium work:
"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.
"Frequent" means occurring from one-third to two-thirds of the time. Since frequent lifting or carrying requires being on one's feet up to two-thirds of a workday, the full range of light work requires standing or walking, off and on, for a total of approximately 6 hours of an 8-hour workday. Sitting may occur intermittently during the remaining time. The lifting requirement for the majority of light jobs can be accomplished with occasional, rather than frequent, stooping. Many unskilled light jobs are performed primarily in one location, with the ability to stand being more critical than the ability to walk. They require use of arms and hands to grasp and to hold and turn objects, and they generally do not require use of the fingers for fine activities to the extent required in much sedentary work.
A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds.
 Let's first review the DOT definitions of sedentary, light, and medium work:
S-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.
L-Light Work - Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or a negligible amount of force constantly (Constantly: activity or condition exists 2/3 or more of the time) to move objects. Physical demand requirements are in excess of those for Sedentary Work. Even though the weight lifted may be only a negligible amount, a job should be rated Light Work: (1) when it requires walking or standing to a significant degree; or (2) when it requires sitting most of the time but entails pushing and/or pulling of arm or leg controls; and/or (3) when the job requires working at a production rate pace entailing the constant pushing and/or pulling of materials even though the weight of those materials is negligible. NOTE: The constant stress and strain of maintaining a production rate pace, especially in an industrial setting, can be and is physically demanding of a worker even though the amount of force exerted is negligible.
M-Medium Work - Exerting 20 to 50 pounds of force occasionally, and/or 10 to 25 pounds of force frequently, and/or greater than negligible up to 10 pounds of force constantly to move objects. Physical Demand requirements are in excess of those for Light Work.
Run the thought experiment.  If an occupation requires no lifting but sitting 7.8 hours per day, what is the exertional demand of that work?  If an occupation requires frequent lifting up to 10 pounds and no more than that even occasionally, but requires standing/walking 7.8 hours per day, what is the exertional demand of that work?  If an occupation requires lifting up to 25 pounds frequently and no more than that even occasionally, but requires standing/walking 7.8 hours per day, what is the exertional demand of that work?  According to the DOT structure, the answers are (1) sedentary; (2) light; and (3) medium.  The DOT is not ambiguous. 

Let's look at the regulatory definitions of sedentary, light, and medium work:
(a) Sedentary work. 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.
(b) Light work. Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.
(c) Medium work. Medium work involves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. If someone can do medium work, we determine that he or she can also do sedentary and light work.
Same thought experiment.  Same answers.  The regulations are not ambiguous. 

The first Kisor question returns to the Chevron watershed:  is the regulation ambiguous?  If the regulation is not ambiguous, then the ruling gets no deference. It might be entitled to respect to the extent that it is persuasive under Skidmore, but it does not get deference.  There is nothing ambiguous about the definitions of sedentary, light and medium work in the DOT or the regulation.  Because the regulation and DOT are not ambiguous, the ruling gets no deference. 

The second Kisor question is whether the interpretation of the ambiguous regulation is reasonable – is it within the zone of ambiguity?  Assuming that either the regulation or the DOT were ambiguous, any identifiable ambiguity is not related to defining occasionally as 25% of the day or frequently to constantly as 75% of the day.  Because the regulation and the DOT define occasionally and frequently as ranges from very little to a third of the day or more than a third of the day up to two-thirds of the day, picking precise percentages is not reasonable.  

If the regulations are ambiguous and the interpretation of the regulation falls within the zone of ambiguity, the court must find that the ruling is the authoritative position of the Commissioner.  That is the third Kisor question.  There is no doubt that Social Security Ruling 83-10 represents the Commissioner’s binding agency policy. 

The fourth Kisor question asks whether the ruling falls within the substantive expertise of the Commissioner as opposed to interpreting a matter within the expertise of another agency.  Whether and how the DOT defines work as sedentary, light, or medium is not within the Commissioner of Social Security’s expertise.  That expertise belongs to the Secretary of Labor.  Labor publishes the DOT.   Here are the modern definitions of sedentary, light, and medium work from the Occupational Requirements Survey:
Strength
BLS derives strength estimates from several job requirements’ estimates; and measures it with five levels: sedentary, light work, medium work, heavy work, and very heavy work. The levels are determined by how much weight a worker is required to lift or carry, how often, and whether standing or walking is required as part of the workday, in some special cases. BLS determines the strength level when at least one of the lifting or carrying conditions shown in the table below are satisfied, or as defined by the “Strength Level - Special Cases” table. The highest strength level satisfied is the level that represents that sampled job. For example, if a job requires a worker to lift or carry 11–20 pounds occasionally, then it is classified as light work. However, if that same job were to require lifting or carrying that same weight frequently, then it is medium work.
 Exhibit 5. Determining strength level based on duration of lifting or carrying
Strength levelDuration of lifting or carrying
SeldomOccasionallyFrequentlyConstantly
Light work
11-20 pounds11-20 pounds1-10 poundsNegligible weight
Medium work
21-50 pounds21-50 pounds11-25 pounds1-10 pounds
Heavy work
51-100 pounds51-100 pounds26-50 pounds11-20 pounds
Very heavy work
>100 pounds>100 pounds>50 pounds>20 pounds
Source: U.S. Bureau of Labor Statistics.
As noted, there are special cases for strength. The following table outlines the special cases. In instances where field economists are unable to determine certain job requirements from the respondent, they record these data as “unknown” and strength level handle derivation through imputation. See the section “Weighting, imputation, and benchmarking” for more information.
Strength levelDescription
Unknown
If it is unknown whether lifting or carrying occurs occasionally, frequently, or constantly or none of the conditions in the strength level chart are met and standing or walking or sitting are unknown.
Sedentary
If none of the conditions in the strength level chart are met and standing or walking occurs less than or equal to 1/3 of the work schedule.
Light work
If none of the conditions in the strength chart are met and does not meet the special conditions for unknown or sedentary.
Source: U.S. Bureau of Labor Statistics
 Exhibits 6. Special cases for calculating strength level
Sedentary work requires standing/walking up to occasionally.  No standing/walking, seldom standing/walking, and occasional standing/walking qualifies work as sedentary.  Light work exceeds sedentary, either in lifting/carrying, standing/walking, or other reasons.  But the difference between light, medium, and heavy have nothing to do with the amount of standing/walking done in a day.  Where does SSA get six hours?  It made it up and the ruling did not undergo notice and comment for the public to tell the agency it was wrong.  

We are concerned about reliable job information in the adjudication of over 2 million disability claims annually according to Biestek v. Berryhill.  The DOT lists about 137 sedentary unskilled DOT codes, 1,586 light unskilled DOT codes, and 981 medium unskilled DOT codes.  If the intent of SSR 83-10 is to describe when the agency will invoke the grids -- at the six hour capacity limit -- that is a matter of agency discretion, but subject to rebuttal.  But if the intent was to actually describe every unskilled sedentary, light, or medium occupation as generally requiring six hours of sitting or standing/walking in a workday, the Commissioner gets no deference.  

Next, we will explain why the courts should not defer to the Commissioner's continued use of the DOT as reliable -- which it is not.  It is useful for some purposes, but not reliable for the disposition of claims. 

Thursday, August 1, 2019

Occupational Outlook Handbook -- Update Coming Soon

The Occupational Outlook Handbook rests on the date from the Employment Projections.  The OOH currently reports the 2016-26 data set.  The Bureau of Labor Statistics release the 2016 data and projections to 2026 in October 2017.  The release of the 2016-17 OOH featured the 2014-24 employment projections, and was published in December 2015.  We are overdue for a 2018-19 OOH and are coming up on a expectation for the 2018-28 employment projections.  BLS says:
NEXT RELEASE
The 2018-2028 Economic and Employment Projections data are scheduled to be released on September 04, 2019, at 10:00 A.M. Eastern Time.
The employment projections will provide the foundation for an updated OOH with more current job numbers. 

Monday, July 29, 2019

Interrogatories to a Examining or Non-Examining Medical Source


The claimant has moderate limitation in detailed and complex tasks and in interacting with supervisors, coworkers, and the public.  That is the general framework of limitations that are set forth by examining psychologists/psychiatrists and part of the work sheet portion of the mental residual functional capacity assessment made by state agency psychologists/psychiatrists.  Moderate limitations are ambiguous.  The claimant, representative, and the ALJ have no idea what moderate means.  If we had a case worth a half a million dollars, we would resolve that ambiguity before trial.  Many time, we have exactly that, a half a million dollar case.  Every Social Security disability case, whether involving disability insurance or supplemental security income is a big case by standards applicable to other legal endeavors.  To the client, it isn’t big, it is everything.  So let’s propound interrogatories to the examining and non-examining psychologists/psychiatrists based upon POMS DI 25020.010 and the Dictionary of Occupational Titles, Appendix C.  

Be judicious and ask the questions reasonably related to the opinions expressed.  For instance, a psychiatrist that opines that the claimant with low average or borderline intellectual functioning can do complex work, it is reasonable to ask about reasoning level 4.  Other reasoning levels apply when the claimant has a skilled background and a colorable mental impairment, even non-severe.  

INTERROGATORIES TO <NAME OF PSYCHOLOGIST/PSYCHIATRIST>
1.    Did you examine (review the record for) <client name> on <date of evaluation>?
__________________________

2.    Is the document attached as exhibit <exhibit no.> a true copy of your report of findings and opinions?
__________________________

3.   In the <functional assessment title>, you describe <client name> as having moderate limitations in <designate the functional limitation>.  Can <client name> sustain of a full-time regular work schedule (mark all that apply) where the employer treats the function as critical to performing work:

A.   Memory Functions

o Remember work-like procedures (locations are not critical).

o Understand and remember very short and simple instructions.

o Carry out very short and simple instructions.

o Apply principles of logical or scientific thinking to a wide range of intellectual and practical problems. Deal with nonverbal symbolism (formulas, scientific equations, graphs, musical notes, etc.) in its most difficult phases. Deal with a variety of abstract and concrete variables. Apprehend the most abstruse classes of concepts.

o  Apply principles of logical or scientific thinking to define problems, collect data, establish facts, and draw valid conclusions. Interpret an extensive variety of technical instructions in mathematical or diagrammatic form. Deal with several abstract and concrete variables.

o  Apply principles of rational systems to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Interpret a variety of instructions furnished in written, oral, diagrammatic, or schedule form.

o 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.

o 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.

o 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.

B.   Concentration, Persistence and Pace Functions

o Maintain attention for extended periods of 2-hour segments (concentration is not critical).

o Maintain regular attendance and be punctual within customary tolerances. (These tolerances are usually strict.) Maintaining a schedule is not critical.

o Sustain an ordinary routine without special supervision.

o Work in coordination with or proximity to others without being (unduly) distracted by them.

o Make simple work-related decisions.

o Complete a normal workday and workweek without interruptions from psychologically based symptoms and perform at a consistent pace without an unreasonable number and length of rest periods. (These requirements are usually strict.)

C.   SOCIAL FUNCTIONS

o Ask simple questions or request assistance.

o Accept instructions and respond appropriately to criticism from supervisors.

o Get along with coworkers or peers without (unduly) distracting them or exhibiting behavioral extremes.

D.  ADAPTATION FUNCTIONS

o Respond appropriately to changes in a (routine) work setting.

o Be aware of normal hazards and take appropriate precautions.
I declare under penalty of perjury that the foregoing are my true and correct opinions. 
Executed this ___ day of ___________, ____, at _____________, _________. 
<signature block> 
Be aggressive in using interrogatories, your client's entitlement to benefits may depend on it.

Friday, July 19, 2019

SSR 00-4p Describing the DOT as Primary and as Setting Out Maximum Requirements Does Not Survive Kisor


Kisor v. Wilkie retools the deference doctrine found in Auer v. Robbins.  To recap the Auer deference doctrine, the courts typically defer to an agency’s reasonable interpretation of its own ambiguous regulation so long as the interpretation was not either plainly erroneous or inconsistent with the statute or regulation.  Social Security Rulings are frequent recipients of deference.  The rulings bind all components of the agency.  Under Kisor, that automatic deference in most circuits is now up for reconsideration.  Today, we examine deference owed to Social Security Ruling 00-4p in its description of the Dictionary of Occupational Titles and its companion Selected Characteristics of Occupations is the primary reference for information about the requirements of work in the national economy. 

We start with the text of the administrative notice regulation:
(d) Administrative notice of job data. When we determine that unskilled, sedentary, light, and medium jobs exist in the national economy (in significant numbers either in the region where you live or in several regions of the country), we will take administrative notice of reliable job information available from various governmental and other publications. For example, we will take notice of—
(1) Dictionary of Occupational Titles, published by the Department of Labor;
(2) County Business Patterns, published by the Bureau of the Census;
(3) Census Reports, also published by the Bureau of the Census;
(4) Occupational Analyses, prepared for the Social Security Administration by various State employment agencies; and
(5) Occupational Outlook Handbook, published by the Bureau of Labor Statistics.
The Commissioner takes administrative notice of reliable nob information from various governmental and other publications.  Social Security Ruling 00-4p makes two statements about the DOT that warrant examination:
In making disability determinations, we rely primarily on the DOT (including its companion publication, the SCO) for information about the requirements of work in the national economy. We use these publications at steps 4 and 5 of the sequential evaluation process.
And
The DOT lists maximum requirements of occupations as generally performed, not the range of requirements of a particular job as it is performed in specific settings.
The regulation does not impose or even suggest a hierarchy, that the DOT is more important than other reliable job information or more important that County Business Patterns, Census Reports, Occupational Analysis, or the Occupational Outlook Handbook.  Nor do the Appendix 2 Medical-Vocational Guidelines impose or suggest a hierarchy:
The existence of jobs in the national economy is reflected in the “Decisions” shown in the rules; i.e., in promulgating the rules, administrative notice has been taken of the numbers of unskilled jobs that exist throughout the national economy at the various functional levels (sedentary, light, medium, heavy, and very heavy) as supported by the “Dictionary of Occupational Titles” and the “Occupational Outlook Handbook,” published by the Department of Labor; the “County Business Patterns” and “Census Surveys” published by the Bureau of the Census; and occupational surveys of light and sedentary jobs prepared for the Social Security Administration by various State employment agencies.
The first Kisor question returns to the Chevron watershed:  is the regulation ambiguous?  If the regulation is not ambiguous, then the ruling gets no deference. It might be entitled to respect to the extent that it is persuasive under Skidmore, but it does not get deference.  There is nothing ambiguous about “we will take administrative notice of reliable job information” and here are five examples.  Nor is there anything ambiguous about, “administrative notice has been taken” from the DOT, OOH, CBP, Census Surveys, and occupational analyses.  Because the regulations are not ambiguous, the ruling gets no deference. 

The second Kisor question is whether the interpretation of the ambiguous regulation is reasonable – is it within the zone of ambiguity?  Assuming that either the administrative notice regulation or the description of the bases for the “grids” were ambiguous, any identifiable ambiguity is not hierarchical in nature or about the tendency of the DOT to identify the maximum requirements of work generally performed.  Because the presence of a hierarchy and because the reporting characteristics of the DOT are not within the zone of ambiguity, the ruling gets no deference. 

If the regulations are ambiguous and the interpretation of the regulation falls within the zone of ambiguity, the court must find that the ruling is the authoritative position of the Commissioner.  That is the third Kisor question.  There is no doubt that Social Security Ruling 00-4p represents the Commissioner’s binding agency policy. 

The fourth Kisor question asks whether the ruling falls within the substantive expertise of the Commissioner as opposed to interpreting a matter within the expertise of another agency.  Whether the DOT is a reliable source of current information about the national labor market is not within the Commissioner of Social Security’s expertise.  That expertise belongs to the Secretary of Labor.  Labor publishes the DOT because some agencies continue to use it, e.g. the Social Security Administration.  But here is what Labor says about the subject:
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.
We are concerned about reliable job information in the adjudication of over 2 million disability claims annually according to Biestek v. Berryhill.  The DOT lists about 10,409 occupations with a date last updated in 1977, another 2,581 jobs scattered between 1978 and 1990, and 79 codes added after the revised fourth edition was published.  The O*NET is updated every year.  Most of the DOT is over 40 years out-of-date.  When Labor says that the source for current information is the O*NET, the Commissioner’s reliance on the DOT as primary and reliable ceases under Biestek.  With respect to the question of whether the DOT reflects the maximum job requirements of occupations as they are generally performed, the Commissioner is just flat wrong. Appendix D of the DOT says:
Occupational definitions in the DOT are written to reflect the most typical characteristics of a job as it occurs in the American economy.
The final Kisor element is the “fair and considered judgment” of the agency. In 2000, the DOT was a mere eight years old; the SCO published in 1993 was seven years old. The O*NET was published but gestational. The mature data within data set 23.3 (as of July 2018) reflects iterations and data accumulation to posit the question: just because the Commissioner was reasonable in 2000 does not make the death grip on the DOT reasonable or reliable today.

The administrative notice regulation contains no hierarchy or primacy as between different sources of administrative notice. The creation of a primary source would require a new regulation, not a grafting procedure. Whether the DOT represents reliable job information in 2019 is a question best answered by the agency that collects and assembles job data – the Department of Labor. And, Social Security Ruling 00-4p is wrong even if the Commissioner had quarter to construe the DOT.

Using the ruling to force ALJs to seek a basis for resolving conflict between out-of-date DOT data and anecdotal vocational expert testimony resolves the ambiguity between what to do with administrative notice and expert testimony. Beyond that observation, which applies with equal force to other enumerated sources of administrative notice, the provisions of Social Security Ruling 00-4p are not persuasive much less entitled to deference.

Friday, July 12, 2019

Poly-packer and heat sealer, DOT 920.686-038 – Unskilled Light Work

I have not had a vocational expert identify poly-packer and heat sealer but reports suggest that this an occupation in the industrial areas of the country. 

The Dictionary of Occupational Titles defines poly-packer as light unskilled work with a reasoning level of 2.  The "6" in the things place in the DOT code is the only significant worker function -- feeding and offbearing.  The Selected Characteristics of Occupations describe poly-packer as requiring no stooping; frequent reaching, handling, fingering, and feeling; occasional near acuity; frequent depth perception; exposure to loud noise; and average finger and manual dexterity.  Poly-packers perform repetitive work and attain precise set limits, tolerances, and standards.  Labor puts the poly-packer in the group of machine feeders and offbearers (SOC 53-7063). 

The O*NET OnLine describes machine feeders as having occasional or less contact with others in 14% of jobs; work with a group or team as not important in 3% of jobs; and work full-time in 96% of jobs. 

The Occupational Requirements Survey (2018 data set) states that machine feeders engage in unskilled work in 63.5% of jobs.  Machine feeders engage in medium work in 55% of jobs.  At the 90th percentile, machine feeders lift/carry 70.65 pounds as the maximum.  At least 10% and probably more require heavy exertion.  Machine feeders stand/walk 7.2 hours per day at the 25th percentile.  and 9.25 hours at the 90th percentile. 

The Occupational Outlook Handbook and the employment projections state the 2016 employment of machine feeders at 87,700 jobs.  The full-time work represents 84,192 jobs; unskilled full-time work represents 53,883 jobs; and medium unskilled full-time work represents 29,636 jobs.  With at least 10% of the jobs requiring heavy exertion (5,388 unskilled jobs), the number of light unskilled jobs cannot exceed 18,860 jobs.  The number of jobs that permit the person to stand/walk less than or equal to six hours in a workday is zero. 

Run the reports on OccuCollect.com.  Enroll today and redeem the promotion code rohlfinglaw2019 in the profile, for a full 30 days of access to all data and reports. 

Thursday, July 11, 2019

Order Clerk, food and Beverage - No; Sedentary Unskilled Order Clerks - Yes.

A go-to occupation for vocational experts is order clerk, food and beverage.  Here is the DOT:

ORDER CLERK, FOOD AND BEVERAGE

209.567-014

DOT: 209.567-014 ORDER CLERK, FOOD AND BEVERAGE (hotel & rest.)

Takes food and beverage orders over telephone or intercom system and records order on ticket: Records order and time received on ticket to ensure prompt service, using time-stamping device. Suggests menu items, and substitutions for items not available, and answers questions regarding food or service. Distributes order tickets or calls out order to kitchen employees. May collect charge vouchers and cash for service and keep record of transactions. May be designated according to type of order handled as Telephone-Order Clerk, Drive-In (hotel & rest.); Telephone-Order Clerk, Room Service (hotel & rest.).
GOE: 07.04.02 STRENGTH: S GED: R3 M1 L2 SVP: 2 DLU: 77
DOT-O*NET Crosswalkhttps://www.onetonline.org/crosswalk/DOT?s=209.567-014&g=GO
This occupation requires reasoning level 3. It is not simple.

ORDER CLERK, FOOD AND BEVERAGE

209.567-014

TEMPERAMENTS:
Temperament(s): T P
Dealing with PEOPLE: Involves interpersonal relationships in job situations beyond receiving work instructions.
Attaining Precise Set Limits, TOLERANCES, and Standards: Involves adhering to and achieving exact levels of performance, using precision measuring instruments, tools, and machines to attain precise dimensions; preparing exact verbal and numerical records; and complying with precise instruments and specifications for materials, methods, procedures, and techniques to attain specified standards.
The Revised Handbook for Analyzing Jobs puts the temperaments at "attaining precise set limits and tolerances" and "dealing with people beyond receiving instructions." Order clerk, food and beverage is not repetitive.

The number of jobs relatively high per the Occupational Outlook Handbook.

Typical Entry-Level Education
High school diploma or equivalent
Work experience in a related occupation
None
On the job training
Short-term on-the-job training
Number of jobs, 2016
179,000
Source:
Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Information clerks, on the Internet at 
Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Information clerks, on the Internet at  https://www.bls.gov/ooh/office-and-administrative-support/information-clerks.htm

Employment Projections by Industry:

Employment Projections by Industry: https://www.bls.gov/emp/ind-occ-matrix/occ-xlsx/occ-43-4151.xlsx 
Most order clerks, food and beverage work full-time. The O*NET OnLine suggests that most sit enough to be classified as sedentary, but the O*NET does not draw that conclusion.


Structural Job Characteristics
%
Response
Duration of Typical Work Week — Number of hours typically worked in one week.
28
More than 40 hours
68
40 hours
4
Less than 40 hours
Exertional
%
Response
Spend Time Sitting — How much does this job require sitting?
41
Continually or almost continually
48
More than half the time
10
About half the time
2
Less than half the time
0
Never
%
Response
Spend Time Standing — How much does this job require standing?
0
Continually or almost continually
2
More than half the time
5
About half the time
85
Less than half the time
8
Never
%
Response
Spend Time Walking and Running — How much does this job require walking and running?
0
Continually or almost continually
5
More than half the time
25
About half the time
59
Less than half the time
11
Never

The ORS does address Order Clerks.


Series ID: ORUV1000072400000065
Not seasonally adjusted
Series Title: % of order clerks; svp is beyond short demonstration, up to & including 1 month
Requirement: Education, Training, And Experience
Occupation: Order Clerks
Estimate: svp is beyond short demonstration, up to & including 1 month
Year
Period
Estimate
2018
Annual
40.2

Series ID: ORUP1000072400000661
Not seasonally adjusted
Series Title: % of order clerks; strength is sedentary
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: strength is sedentary
Year
Period
Estimate
2018
Annual
78.8

Series ID: ORUP1000072400000134
Not seasonally adjusted
Series Title: order clerks; hours of sitting (25th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: hours of sitting (25th percentile)
Year
Period
Estimate
2018
Annual
4.8

Series ID: ORUP1000072400000135
Not seasonally adjusted
Series Title: order clerks; hours of sitting (50th percentile – median)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: hours of sitting (50th percentile – median)
Year
Period
Estimate
2018
Annual
7

Series ID: ORUP1000072400000136
Not seasonally adjusted
Series Title: order clerks; hours of sitting (75th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: hours of sitting (75th percentile)
Year
Period
Estimate
2018
Annual
7.5

Series ID: ORUP1000072400000137
Not seasonally adjusted
Series Title: order clerks; hours of sitting (90th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: hours of sitting (90th percentile)
Year
Period
Estimate
2018
Annual
8

Series ID: ORUP1000072400000999
Not seasonally adjusted
Series Title: order clerks; % of day sitting is required (25th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: % of day sitting is required (25th percentile)
Year
Period
Estimate
2018
Annual
75

Series ID: ORUP1000072400001000
Not seasonally adjusted
Series Title: order clerks; % of day sitting is required (50th percentile – median)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: % of day sitting is required (50th percentile – median)
Year
Period
Estimate
2018
Annual
90

Series ID: ORUP1000072400001001
Not seasonally adjusted
Series Title: order clerks; % of day sitting is required (75th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: % of day sitting is required (75th percentile)
Year
Period
Estimate
2018
Annual
95

Series ID: ORUP1000072400001002
Not seasonally adjusted
Series Title: order clerks; % of day sitting is required (90th percentile)
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: % of day sitting is required (90th percentile)
Year
Period
Estimate
2018
Annual
100

Series ID: ORUP1000072400000139
Not seasonally adjusted
Series Title: % of order clerks; sitting vs. standing/walking at will is allowed
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: sitting vs. standing/walking at will is allowed
Year
Period
Estimate
2018
Annual
71.5

Series ID: ORUP1000072400000140
Not seasonally adjusted
Series Title: % of order clerks; sitting vs. standing/walking at will is not allowed
Requirement: Physical Demands
Occupation: Order Clerks
Estimate: sitting vs. standing/walking at will is not allowed
Year
Period
Estimate
2018
Annual
28.5

Order clerks engage in unskilled work in 40.8% of jobs and sedentary work in 78.8% of jobs.  With the 50th percentile at 90% of the work day and the 25th percentile at 75% of the work day sitting, we could infer that as few as 3.8% of the jobs require sitting six hours a day or less.  Assuming stair steps in requirements, a vocational expert could feebly contend that 28.8% of the jobs have that six hours of sitting characteristic.  That probably is not true. 

We put the data together in the Occu Collect Calculator:



Duration of Typical Work Week Calculations
Hours
Value
Jobs
Calculation
Less Than 40 Hours
4.05%
179,000
7,250
40 Hours
67.6%
179,000
121,004
More Than 40 Hours
28.2%
179,000
50,478
FULL-TIME
171,482
O*NET Resource Center and OOH
Unskilled Calculations
Criteria
Value
Jobs
Calculation
On-the-Job Training ≤ 30 days
75.55%
179,000
135,234
Related Work Experience ≤ 30 days
52.77%
179,000
94,458
Education Level ≤ High School
67.81%
179,000
121,380
UNSKILLED
94,458
O*NET Resource Center and OOH
SVP Calculations
SVP
Value
Jobs
Calculation
SVP 2
40.2%
179,000
71,958
UNSKILLED
71,958
ORS and OOH
Sitting Frequently or Constantly Calculations
Frequency
Value
Jobs
Calculation
Constantly
41%
179,000
73,390
Frequently
48%
179,000
85,920
SEDENTARY SITTING
159,310
O*NET OnLine and OOH
Sitting Frequently or Constantly Calculations
Frequency
Value
Jobs
Calculation
Constantly
78.8%
179,000
141,052
Frequently
0%
179,000
0
SEDENTARY
78.8%
179,000
141,052
ORS and OOH

Order clerks
Total reported jobs


179,000
Full-time
95.8%
179,000
171,482
Unskilled
40.2%
171,482
58,936
Sedentary
78.8%
58,936
54,321

Frequent sitting is the single point at 5.33 hours per day. If the person stand/walks less than 2.67 hours per day, then that person stands more than two-thirds of the day. The number of order clerks that sit six hours per day but at least 5.33 hours per day is 1,650 (58,936 x 2.8%). The number of order clerks that engage in sedentary unskilled work with unlimited sitting is 54,321.
This analysis user Order Clerk, Food and Beverage as an example of sedentary unskilled order clerks in the national economy.  Order clerks in the Accommodation and Food Services industry sector (NAICS 720000) employs 1,400 order clerks.  That sector includes hotels and restaurants.  The number of unskilled sedentary order clerks represents that kind of work across all industries.  Watch for the buzz word "example" or a synonym in the vocational expert's testimony.