Case Study -- Younger Individual, Limited Range of Light, Non-Exertional Impairments

Sometimes the resources of the O*NET and ORS just are not useful.  Take the example of a younger individual with a limited range of light.  ALJ asks the questions that don't get "there."  The ALJ asked eight hypothetical questions. 

1. Seizure precautions - past work available.
2. 1+ medium work - past work available.
3. 1+ light work - no past work, but other work as an information clerk; ticket taker; and parking lot attendant.
4. 3+ limited to four hours of standing and walking - other work as an information clerk; ticket taker; and parking lot attendant.
5. One absence a month - no change.
6. Two absences a month - no work.
7. Off task 5% of the day - other work as an information clerk; ticket taker; and parking lot attendant.
8. Off task 10% of the day - no work.

Cross-examination considers first -- can we knock this down to sedentary.  The SSA form says 2 hours of standing and separately 2 hours of walking. 

9. Seizure precaution and two hours of standing/walking combined - other work as an information clerk; ticket taker; and parking lot attendant.  

I know that information clerks and receptionists have a broad range of sitting and it does not matter if the work is light or sedentary.  VE confirms that these three occupations can sit all day. There is no medical evidence of a sitting limitation.  Move one. 

10.  Extreme limitations in the social functioning caused by poor judgment - no jobs.  

That is what the psychiatrist CE said.  The answer is expected.  Idle it back. 

11. Marked limitations in the social functioning caused by poor judgment - no jobs. 
12. Moderate limitations in the social functioning caused by poor judgment, chronic and recurring - no jobs.  

The minimalist approach works. 

13.  Rare, once a week, inappropriate with supervisors in accepting instruction and responding appropriately to criticism from supervisors - no jobs.  

Accepting a small part of the psych CE and pushing the limitation way down equals no jobs.  The lesson is when a limitation is potentially overstated, understate it in such a way that the answer is still no jobs.  See POMS DI 25020.010 for Mental Limitations for the critical requirements of unskilled work.