The March 2023 version of the Social Security Vocational Expert Handbook is out. Vocational Expert Handbook (SSA Mar. 2023). A video, not found on the SSA channel on YouTube.com, explains the Handbook. The mock hearing in the middle of it all provides an example of good testimony that shocks the conscience.
ALJ: Assume a hypothetical individual with the
claimant's age, education, and past work experience is able to perform light
work as defined in the regulations, except they can occasionally climb ramps
and stairs, balance, stoop, kneel, crouch, and crawl; and can never climb
ladders, ropes, or scaffolds; must avoid unprotected heights, moving mechanical
parts, and operating a motor vehicle; can perform simple routine tasks; can make
simple work-related decisions; and can occasionally interact with supervisors
and coworkers, and never interact with the public. Could the hypothetical
individual perform any work, and, if so, could you provide me with a few
examples?
VE: Yes, jobs such as cleaner, housekeeping (DOT code 323.687-014). That is light, SVP 2, with 200,000 jobs nationally. Routing clerk (DOT code 222.687-022). That is light, SVP 2, with 40,000 jobs nationally. And marker (DOT code 209.587-034). That is light, SVP 2, with 200,000 jobs nationally.
Under SSR 83-10, the agency and the vocational experts are directed to assume that a limitation to light work includes a limitation to standing/walking six hours in an eight-hour workday. The vocational witness has stated that a housekeeping cleaner has a maximum stand/walk requirement of six hours. That is palpably false based on the DOT narrative, O*NET OnLine, and Occupational Requirements Survey. The vocational witness has claimed that the inherently clerical functions of a routing clerk have occasional or less contact with others. The witness lays claim that warehouse work has occasional or less contact with others,
Housekeeping cleaner has the Lead Statement (after the number, title, industry, and alternate titles): "Cleans rooms and halls in commercial establishments, such as hotels, restaurants, clubs, beauty parlors, and dormitories" The Task Element Statements (how the Lead Statement gets accomplished) states: "Sorts, counts, folds, marks, or carries linens. Makes beds. Replenishes supplies, such as drinking glasses and writing supplies. Checks wraps and renders personal assistance to patrons. Moves furniture, hangs drapes, and rolls carpets. Performs other duties as described under CLEANER (any industry) I Master Title." Find two hours of sitting in the expected or essential work duties, every day without fail.
The O*NET describes housekeeping cleaner under the broad heading of maids and housekeeping cleaners as having occasional or no contact with others in 18% of jobs. Maids have no important contact with the public is 8% of jobs. Maids do not work with a group or team as at least a fairly important job function in 4% of jobs. Maids never sit in 72% of jobs, less than half the time in 25% of jobs, and about half the time in 3% of jobs.
The ORS describes maids as interacting with the general public in 76.3% of jobs. Maids require basic people skills in 97.1% of jobs. Maids stand (including walk) 87.5% of the day at the 10th percentile, 95% of the day at the 25% percentile, and 100% of the day at the median, 75th, and 90th percentiles. Maids engage in light exertion in 69.3% of jobs.
Routing clerk has the Lead Statement "Sorts bundles, boxes, or lots of articles for delivery." The Task Element Statements states: "Reads delivery or route numbers marked on articles or delivery slips, or determines locations of addresses indicated on delivery slips, using charts. Places or stacks articles in bins designated according to route, driver, or type. ay be designated according to workstation as Conveyor Belt Package Sorter (retail trade)." Sounds an awful lot like mail clerk, an R3 occupation. The DOT classifies routing clerk as R2. Routing clerk does have significant data functions of comparing: judging the readily observable functional, structural, or compositional characteristics (whether similar to or divergent from obvious standards) of data, people, or things.
The O*NET describes routing clerk under the broad heading of shipping, receiving, and inventory clerk as having occasional or no contact with others in 0% of jobs. Shipping clerks have no important contact with the public is 4% of jobs. Shipping clerks do not work with a group or team as at least a fairly important job function in 1% of jobs.
The ORS describes Shipping clerks as interacting with the general public in 63.6% of jobs. Shipping clerks require basic people skills in 69.2% of jobs and more than basic people skills in 30.8% of jobs. Shipping clerks stand (including walk) 25% of the day at the 10th percentile, 50% of the day at the 25% percentile, 80% of the day at the median, 95% of the day at the 75th percentile, and 100% of the day at the 90th percentiles. Shipping clerks engage in light exertion in 21.5% of jobs and unskilled work in 46.3% of jobs.
Marker has the Lead Statement "Marks and attaches price tickets to articles of merchandise to record price and identifying information." The Task Element Statements states: "Marks selling price by hand on boxes containing merchandise, or on price tickets. Ties, glues, sews, or staples price ticket to each article. Presses lever or plunger of mechanism that pins, pastes, ties, or staples ticket to article. ay record number and types of articles marked and pack them in boxes." The DOT classifies marker as R2. Marker does have significant data functions of copying: Transcribing, entering, or posting data.
The O*NET describes markers under the broad heading of stockers and order fillers as having occasional or no contact with others in 4% of jobs. Stockers have no important contact with the public is 6% of jobs. Stockers do not work with a group or team as at least a fairly important job function in 4% of jobs.
The ORS describes stockers as interacting with the public in 73.6% of jobs. Stockers require basic people skills in 95% of jobs and more than basic people skills in 5% of jobs. Stocker stand (including walk) 80% of the day at the 10th percentile, 90% of the day at the 25% percentile, 95% of the day at the median, and 100% of the day at the 75th and 90th percentiles. Stockers lift up to 25 pounds at the 10th percentile, 50 pounds at the 25th percentile and median, 60 pounds at hte 75th percentile, and 75 pounds at the 90th percentile.
The witness goes on to describe the 30 years' experience, but no experience related to these three occupations. The sample of cross-examination does not ask about other sources of job information or where the vocational witness obtained the idea that these occupations do not require prolonged standing/walking, interaction with the public, or more than occasional interaction with others.
The agency needs to stop giving examples to strive to become that are facially unsupported. The fact that many vocational experts would give this kind of testimony does not make it reliable. It makes it ubiquitously wrong.
Talk me off the cliff.
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Suggested Citation:
Lawrence Rohlfing, Vocational Expert Handbook Video Presentation -- Light Work ID'd -- OMG, Are You Kidding Me?, California Social Security Attorney (August 28, 2023) https://californiasocialsecurityattorney.blogspot.com
The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.
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