Simple Work -- Moving Beyond the R1 - R2 - R3 Distinction -- Dealing with People as a Significant Worker Function

This is one of those questions where the circuits are split:  simple work and the reasoning level distinctions.  Hackett v. Barnhart found reasoning level 3 incompatible with simple routine work (call-out operator and surveillance systems monitor). Renfrow v. Astrue found no conflict between reasoning level 3 and simple work (telephone quotation clerk and charge account clerk). Terry v. Astrue found no conflict between reasoning level 3 and simple instructions in light of a high school diploma, training as a certified nurse's assistant, and capacity to follow simple instructions. Zavalin v. Colvin found reasoning level 3 in conflict with simple routine work (surveillance systems monitor and cashier). This is not an exhaustive list, but a broad view of the circuit split. Today we look at dealing with people.

The DOT classifies three DOT codes (all actors) as light, unskilled, reasoning level 2, and have significant worker functions with people:

People: 4 - Significant
Diverting: Amusing others, usually through the medium of stage, screen, television, or radio.

The DOT classifies five DOT codes (all door-to-door sales workers) as light or medium, unskilled, reasoning level 2, and have significant worker functions with people:

People: 5 - Significant
Persuading: Influencing others in favor of a product, service, or point of view.

The DOT classifies 29 DOT codes (in 19 different occupational groups) as light or medium, unskilled, reasoning level 2, and have significant worker functions with people:

People: 6 - Significant
Speaking Signaling: Talking with and signaling people to convey or exchange information Includes giving assignments and directions to helpers or assistants.

The DOT classifies 39 DOT codes (in 17 different occupational groups) as light or medium, unskilled, reasoning level 2, and have significant worker functions with people:

People: 7 - Significant

Serving: Attending to the needs or requests of people or animals or the expressed or implicit wishes of people. Immediate response is involved.

None of those worker functions appear to be simple. Diverting, persuading, communicating, or serving people is to address the multi-factored character of human beings. This observation gives life to the second half of the reasoning level 2 definition:

Deal with problems involving a few concrete variables in or from standardized situations.

Skilled work may require dealing with people at a high level of complexity. 20 CFR § 404.1568(c). Significant worker functions with people, even in unskilled work, reflect a low level of complexity that exceeds the boundaries of simple. In this regard, we uncover the problem with Renfrow, it isn't the frequency of dealing with people, it is the that the work requires dealing with people.

 

The DOT defines 76 occupations as reasoning level 2 that deal with people as a significant worker function. Addressing that observation at the hearing with the vocational expert provides fodder for productive cross-examination.

Next we address worker functions of data as a basis for differentiating reasoning levels 1 and 2 work as not simple and routine.

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SUGGESTED CITATION:

Lawrence Rohlfing, Simple Work -- Moving Beyond the R1 - R2 - R3 Distinction -- Dealing with People as a Significant Worker Function, California Social Security Attorney (June 22, 2020) edited (June 29,2020)

https://californiasocialsecurityattorney.blogspot.com/2020/06/simple-work-moving-beyond-r1-r2-r3.html