Vocational Expert Handbook Video Presentation -- Sedentary Work ID'd -- Sitting, Reasoning, and Job Browser Pro

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?

...

Now, assume the same limitations I stated in the first hypothetical except the individual is limited to sedentary work as defined in the regulations. Can that person perform any work?

VW: Yes, jobs such as document preparer: DOT code 249.587-018; sedentary, unskilled at SVP 2 with 30,000 jobs nationally.

Addresser: DOT code 209.587-010, sedentary, SVP 2, 25,000 jobs nationally.

And cutter-and-paster: DOT code 249.587-014, sedentary, SVP 2, with 10,000 jobs nationally. 

There are some differences in how the document preparer and addresser jobs are performed and currently as compared to the description and requirements in the DOT due to the availability of more modern technology now. For example, the description for document preparer says a person prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using a paper cutter, photocopying machine, rubber stamps, and other work devices. Microfilming technology has changed over time and now scanners are used to copy and help prepare documents for indexing and storage.

The rationale is the same for cutter and paster position, which is described in the DOT as tearing or cutting out marked articles or advertisements from newspapers and magazines, using a knife or scissors, and recording the name of the publication, page, location, date, and name of the customer on the label, and affixing the label to a clipping. More modern tools are used to perform this job, but the position is the same and it requires essentially the same functional abilities.

As for the addresser job, one of the tasks in the description in the DOT states "addresses by hand or by typewriter, envelopes, cares, advertising literature, and packages, and similar items for mailing." Now, envelopes, cards, advertising literature, packages and similar items for mailing are still sent, but the job may be performed by placing pre-printed labels on these items instead of doing them by hand or by typewriter, but they can still be performed by hand too.

Overall, more modern tools are used to perform these jobs, but the positional and functional requirements are effectively the same as explained in the DOT. My testimony is based on my experience and knowledge in the job market, including over 30 years of placing individuals into jobs and observing how the performance of these jobs has changed over time as well as vocational and rehabilitation counseling.

Under the guise of SSR 83-10, the agency and the vocational experts assume that a limitation to sedentary work includes a limitation to sitting six hours in an eight-hour workday. The first question is whether that assumption is true. The ruling states: 

Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. By its very nature, work performed primarily in a seated position entails no significant stooping.

Sedentary jobs are primarily seated and standing/walking are required occasionally. The ruling defines occasionally:

"Occasionally" means occurring from very little up to one-third of the time. 

Very little is less than two hours and one-third of the time is more than two hours. Standing/walking 

should generally total no more than about 2 hours of in 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday. Work processes in specific jobs will dictate how often and how long a person will need to be on his or her feet to obtain or return small articles.

1. Sedentary work does not have a rigid and fixed 6-2 split of sitting versus standing/walking. The no more than two hours and approximately six hours with the deciding factor contained in the processes of the specific jobs forms the exceptions that swallow the rule. That and of course facts. Do these jobs ever require as an essential job function or a bona fide occupational qualification the need to sit for more than two hours in an eight-hour day? Ask that question somewhere in the cross-examination. 

2. Reasoning level rests at the heart of work complexity. The Vocational Expert Handbook describes reasoning ability as part of the education component of the vocational profile. Pages 29-30. The Vocational Expert Handbook states clearly that simple or repetitive tasks have an apparent conflict with reasoning level 3 and directs the VW to "be prepared to explain how the hypothetical individual could perform this job." Pages 39-40. Document preparer requires reasoning level 3. The witness did not explain the apparent conflict. This issue does not require cross-examination. The issue must be argued at the close of the case. 

3. Job Browser Pro is the ubiquitous source for job numbers. The VW says

Document preparer: 30,000 jobs nationally.

Addresser: 25,000 jobs nationally.

Cutter-and-paster: 10,000 jobs nationally. 

JBP (ver. 1.7.4.1) says:

Document preparer: 15,670 jobs nationally in 2023.

Addresser: 2,068 jobs nationally.

Cutter-and-paster: 702 jobs nationally. 

This evidence must be presented to the ALJ before the decision is made. Some ALJs will not permit post-hearing evidence. They are wrong but put the evidence into the record during the hearing. 

In the next post on this subject, we will deal with the methodology problem including how the testimony plays into the JBP methodology. 

Stay tuned. 

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Suggested Citation:

Lawrence Rohlfing, Vocational Expert Handbook Video Presentation -- Sedentary Work ID'd -- Sitting, Reasoning, and Job Browser Pro, California Social Security Attorney (September 3, 2023) https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.