20 An example of a cross or rebuttal to
“no fast pace production or piece rate quota” ?
The O*NET OnLine describes pace requirement in the work
setting. The data for cashier, for
example:
|
Environmental
|
%
|
Response
|
|
Pace Determined by
Speed of Equipment — How important is it to this job that the pace is
determined by the speed of equipment or machinery? (This does not refer to
keeping busy at all times on this job.)
|
0
|
Extremely important
|
|
0
|
Very important
|
|
|
20
|
Important
|
|
|
13
|
Fairly important
|
|
|
67
|
Not important at all
|
So cashiers are not pace determined by speed of equipment as
extremely important or very important.
14 Can you please post your slides on
your blog?
I posted from:
9 But if you ask the VW, they will
say the cashier slides the case of water across the scanner, they will say the
VW is not lifting that weight.
The BLS (ORS) states that:
Series ID: ORUP1000066700000663
Not seasonally
adjusted
Series Title: % of cashiers; strength is medium work
Requirement: Physical Demands
Occupation: Cashiers
Estimate: strength is medium work
|
Year
|
Period
|
Estimate
|
|
2018
|
Annual
|
58.6
|
What is your basis for disagreeing with that finding.
9 What is the citation for SVP 1 is
4hours demonstration?
5 How do counter a vocational witness
that you know is not being forthcoming or honest?
I just want an answer to the question that the Supreme Court
directs me to ask: do you have a
reliable methodology for extrapolating your local experience to the national
economy?
5 In my experience, if my cross of
the VE possibly works, the ALJ finds on another issue, so it is difficult to
tell how my cross was received. How can you tell if what you are doing is
winning more hearings? Are you just preserving the record for appeal?
I can do this all day long.
If the claimant has significant limitations, you can erase any
occupation. Just persevere.
4 The payment of MEs/VEs is available
through FOIA. How do you suggest we use that as a bias argument?
I don’t have to prove bias.
I have to prove that the testimony is feeble and contradicted. Stick to what the claimant must prove.
4 the answer VEs give to cashier
lifting a case of water is that it is left in the cast & they don't have to
lift it.
The BLS states that cashiers engage in medium work in most
jobs, do you have a statistical basis to show that the BLS is wrong?
4 Please zoom in!
4 Has SSA formally accepted the ORS
data for use in administrative hearings?
ORS provides information
about the requirements of work in the national economy conducted under an
interagency agreement with the Social Security Administration (SSA).
2 How do you know that JBP uses an
equal distribution method? Where does it say that?
2 With the cashier issue and 60%
being medium, couldn't the VE just say they could do one of the 40% that is not
medium and that's still a significant number of jobs?
The 60% medium is a response to “as generally performed.” AGP, cashiers are medium.
If your client can perform the full range of light work,
including stand/walk 7+ hours per day, the client is not disabled. To prove disability for the sub-55 claimant, the
record needs to prove a stand/walk limitation, an interaction with others
limitation, or something else.
2 Do you need to buy a subscription
to Occu Collect to get all the screens you showed?
www.occucollect.com
reproduces in one location the DOT, SCO, O*NET work context, O*NET work abilities,
and the ORS. You can go to four
different websites and cobble the data together. I have done it. It takes about two hours per occupation. If you use occucollect, it takes about 20
minutes per occupation once you have done it a handful of time. The reports that are not available in a
report format are the specialty reports that I did not cover, the Sedentary Compendium
in the store, and the O*NET education training and experience report.
2 When a VW says, "this is how
the job is generally performed," when we ask about reliable method for
extrapolating local experience to national economy, the VW inevitably says it
is discussed at conferences, their VW chat groups, etc... how do we knock it
out at that point?
What was the reliable methods used in the group? Did you ask your chat club members about
their reliable methods?
Remember that 100 scientists got together and told the world
that Einstein was wrong about relativity.
2 If you don’t have a letter from the
treating physician and the CE puts the claimant at medium. How do you come up
with hypotheticals to the VE? How do we assume the amount off task in a day
and/or any supportive hypothetical
The CE will typically describe a limitation to six hours of
standing/walking. Medium work requires
seven or eight hours of standing/walking.
The CE might have described a limited range of motion for forward
flexion. This is sometimes a fruitful
avenue. Look for gait disturbance in the
record, that might give you more.
2 Is there a Federal Court case that
you can cite where the court said the equal distribution method is not a valid
way to calculate job numbers?
Chavez v. Berryhill, 895 F.3d 962 (2018)
Brault v. SSA Comm’r, 683 F.3d 443 (2012)
2 Which website was it in which the
BLS writes that they maintain DOT only because of SSA, and that if you want
reliable current data, go to the O*Net? I'd love to have that webpage so I can
print it and submit in every case.
1 What is the BLS?
Bureau of Labor Statistics
1 Good case law on VE - DOT conflict
in 11th Circuit (Washington) & 4th. Extend to VE conflict with O-NET etc?
Wait for it. This
depends on Kisor v. Wilkie application to SSR 00-4p. See the blog at:
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