Occupations Identified as "An Example"

Vocational experts have been trained to use the phrase "as an example" when identifying jobs within an occupation.  That "as an example" allows significant slough in the evidence that dutiful representation must clarify.  ALJ discretion is the bane of the claimant's representative.

The first task is to define "as an example."  That phrase could mean 20,000 jobs as a lens inserter including other similar sedentary unskilled occupations aggregating to 20,000 jobs.  Alternatively, the phrase could mean 20,000 jobs as a lens inserter and there are a lot more jobs that are similar to lens inserter.  The two alternatives make a difference.  If the testimony contends that there are 20,000 lens inserter jobs, that is an easy rebuttal.  If the testimony contends that there are 20,000 sedentary unskilled production worker jobs, that is a more cumbersome rebuttal.

1. 20,000 Lens Inserter Jobs

That specific testimony, which does occur, is statistically unsustainable.  Job Browser Pro provides an estimate of 208 jobs.  That's wrong.  JBP provides the estimate placing lens inserter in the jewelry and silverware manufacturing industry.  The DOT places lens inserter in the optical goods industry.  The optical goods industry corresponds to the ophthalmic goods manufacturing industry, part of the medical equipment and supplies manufacturing industry group (four digits).  The similar occupation of final assembler has a JBP estimate of 32 jobs.  That is based on the assumption that 65 DOT codes made up 2,077 jobs at the SOC-NAICS intersection. 2,077 / 65 = 31.95.  Round it off to 32.  Equal distribution rules the day.

But if the occupation exists in the ophthalmic goods manufacturing industry, we need to examine County Business Patterns.   Medical equipment and supplies manufacturing industry group represents 281,335 jobs in the nation.   The OES Query System estimates:

Occupation (SOC code)	Employment
Inspectors, Testers, Sorters, Samplers, and Weighers(519061)	12790
Ophthalmic Laboratory Technicians(519083)	9560
Helpers--Production Workers(519198)	2300
Production Workers, All Other(519199)	2210
Packers and Packagers, Hand(537064)	2810

The production workers, all other number of jobs is slightly in excess of the intersection reported by JBP.

Ophthalmic goods manufacturing industry represents 24,988 jobs in the nation.  That is 8.9% of the medical equipment and supplies manufacturing industry group total employment.  Assuming similar staffing in the  ophthalmic goods manufacturing industry, we would get:

Occupation (SOC code)	Employment
Inspectors, Testers, Sorters, Samplers, and Weighers(519061)	1,136
Ophthalmic Laboratory Technicians(519083)	849
Helpers--Production Workers(519198)	204
Production Workers, All Other(519199)	196
Packers and Packagers, Hand(537064)	250

There are 20 DOT codes assigned to the optical goods industry.  How many jobs are there as a lens inserter or final assembler?  Less than 10 each.

2. 20,000 Sedentary Unskilled Production Worker All Other Jobs, e.g. Lens Inserter

To respond to this testimony takes knowing some basic facts -- asking the vocational expert to state them or profess ignorance.

a. How many DOT codes exist within production workers, all other?  (1,590 by the O*NET, 1,589 by US Publishing, 1,526 by JBP).

b. How many sedentary unskilled DOT codes exist within production workers, all other? (52 by all three sources).

c. Do all 52 DOT codes have the characteristics that meet the hypothetical question posed?  (2 SVP 1, 50 SVP 2; 19 R1, 33 R2; 19 constant handling, 33 frequent handling).

d. How many jobs exist for this DOT example?  (See analysis for Scenario 1).

e. If the Department of Labor, Bureau of Labor Statistics published data that suggested that there are significantly fewer jobs at the unskilled sedentary variety within production workers, all other, would you defer to the BLS data?

The fluid use the DOT/SCO, O*NET, OOH, and ORS (all available on OccuCollect.com) along with CBP and JBP allows us to find out exactly what the vocational expert means and then to prove the lack of reliability.

Happy New Year!

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SUGGESTED CITATION:

Lawrence Rohlfing, Occupations Identified as "An Example," California Social Security Attorney (December 31, 2019),
https://californiasocialsecurityattorney.blogspot.com/2019/12/occupations-identified-as-example.html