Valerie Williams, VE, Relies on Job Browser Pro 2017

Valerie Williams testifies as a vocational expert in Las Vegas and the nine southern California Social Security hearing offices -- that I know of.

Here are some facts that I have gleaned:

1. Williams does not own a license for Job Browser Pro -- she shares a copy with another expert.
2. The copy of Job Browser Pro is version 2017.
3.  Williams does not check current job numbers.

Really, a vocational expert that is pinching pennies does not have her own copy of JBP.  It is $549 for the initial license and significantly less for annual renewals.  While we are on this rant, attorneys must have access to a current version of JBP.  If an attorney does not have access to a copy of JBP, then the attorney cannot submit rebuttal evidence to vocational expert testimony.

SkillTran launched version 1.7 in the fall of 2019.  Use of any version prior to that date is irresponsible and unreliable.  Version 1.6.3 is not reliable when the publisher declares openly that the methodology and ability of users to add and subtract industries constituted a flaw.  The version out in 2017 is at least one release behind in terms of ver. 1.6 and completely misses the 1.7 improvements.  That does not mean that JBP is correct or reliable in every instance but it is always useful evidence.

And here it is, Williams testifies to 85,000 jobs as an usher (DOT 344.677-014) and 40,800 jobs as a barker (DOT 342.657-010).  The ALJ confirmed that these are full-time job numbers.  Cross-examination confirmed that JBP version 2017 (no such designation) is the data source for the job numbers.

But that is not what JBP says, not even close.  JBP estimates the number of full-time ushers at 4,460 in the nation and the number of full-time barkers at 3,144 in the nation.  Williams played fast and loose with the job numbers and misrepresented what she did not have to look at.  That is negligent at best, more likely reckless, if not plainly false testimony.

A check of the OES job numbers of OccuCollect.com estimates that ushers, lobby attendants, and ticket takers represent 133,970 jobs in the nation.  The OOH job numbers of OccuCollect.com estimates job numbers for ushers, lobby attendants, and ticket takers at 136,400 jobs.  The OES and OOH reports are free non-subscription reports available by registering your email address.

The O*NET OnLine states that 90% of ushers, lobby attendants, and ticket takers work less than full-time.  The O*NET is part of the subscription package on OccuCollect.com.  JBP estimates the number of part-time workers at 86%.  JBP uses the definition of full-time at 35 hours per week.  the O*NET uses 40 hours per week.  It is impossible for the occupational group of  ushers, lobby attendants, and ticket takers to represent 85,000 jobs in the nation.

A check of the OES job numbers of OccuCollect.com estimates that amusement and recreation attendants represent 318,900 jobs in the nation.  The OOH job numbers of OccuCollect.com estimates job numbers for amusement and recreation attendants at 338,600 jobs.

The O*NET OnLine states that 59% of amusement and recreation attendants work less than full-time.  The O*NET is part of the subscription package on OccuCollect.com.  JBP estimates the number of part-time workers at 71%. The Everything Report from OccuCollect.com uses the Occupation Requirements Survey to describe amusement and recreation attendants as unskilled in 80% of jobs; lifting/carrying 20.56 pounds at the mean; standing/walking 80% of the day at the 25th percentile and 66.7% of the day at the 10th percentile; and no minimum education requirement in 72.6% of jobs.  Most of the jobs are part-time and don't count; most of the jobs require medium exertion; and some reduction is warranted for skill and education.

Usher and barker are targets because of the SCO description of occasional handling.  The ORS states that amusement and recreation attendants require gross manipulation with both hands in 82.3% of jobs and require fine manipulation in 97.5% of jobs.  Limitations to light work with six hours of standing/walking and occasional use of one or both hands will not leave a significant number of jobs.

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SUGGESTED CITATION:

Lawrence Rohlfing, Valerie Williams, VE, Relies on Job Browser Pro 2017, California Social Security Attorney (February 26, 2020),
https://californiasocialsecurityattorney.blogspot.com/2020/02/valerie-williams-ve-relies-on-job.html