The O*NET -- SSA Says Do Not Use It -- But You Should

The Commissioner re-issued EM-21065 REV 2 effective January 6, 2025. EM-21065 follows the effective date of SSR 24-3p, removed references to SSR 00-4p, and made editorial changes. EM-21065 describes the Occupational Information Network (O*NET) as different from the regulatory terms and definitions. The EM says:

Occupational Information Network (O*NET) Information: O*NET does not define physical exertion requirements in a way that is consistent with SSA regulations (20 CFR 404.1567 and 416.967). O*NET instead groups lifting with activities that SSA rules define as non-exertional (e.g., climbing, stooping, and handling). Accordingly, the information in O*NET is not generally usable in our adjudication process.

First, the criticism of the O*NET addresses the question of exertion citing the definitions of sedentary, light, and medium work in the regulations. The statement by the EM is untrue. The O*NET does not address exertion in terms of lifting, carrying, pushing, and pulling at all. The O*NET collects data and reports sitting, standing, and walking or running. (I am boldfacing the data points that I see as most common in the disability practice that matter). The O*NET collects data and reports in work context pertaining to physical work conditions:

1. Bending or twisting

2. Climbing ladders, scaffolds, or poles

3. Keeping or regaining balance

4. Kneeling, crouching, or crawling

5. Repetitive motions

6. Using the hands for handle, control, or feel

The O*NET does not label these activities as exertional. SSA puts that label on them. What is clear is the proposition that the nine categories of physical work conditions are important components of a residual functional capacity assessment. The observation that the O*NET does not classify exertion does not make the data about other work requirements inapplicable to the process. 

The O*NET collects data and reports for environmental conditions:

1. Cramped work space and awkward positions

2. Exposure to contaminants

3. Exposure to whole body vibration

4. Extremely bright or inadequate lighting

5. Sounds and noise levels 

6. Very hot and cold temperatures

This data answers questions about the requirements of work that actually exist in the national economy. The O*NET collects data and reports on the question of job hazards:

1. Disease or infection

2. Hazardous conditions

3. Hazardous equipment

4. High places

5. Minor burns, cuts, bites, or stings

6. Radiation

The O*NET collects data and reports data on work attire:

1. Protective safety equipment

2. Breathing apparatus, safety harness, full protection suits, or radiation protection

The O*NET collects data and reports on work settings:

1. Enclosed vehicle or equipment

2. Open vehicle or equipment

3. Indoors, environmentally controlled

4. Indoors, not environmentally controlled

5. Outdoors, exposed to weather

6. Outdoors, under cover

7. Physical proximity to other people

The O*NET collects data and reports structural job characteristics:

1. Level of competition

2. Consequence of error

3. Freedom to make decisions

4. Impact of decisions

5. Duration of typical work week

6. Pace determined by speed of equipment

7. Time pressure

8. Work schedules

9. Degree of automation

10. Importance of being exact or accurate

11. Importance of repeating same tasks

12. Structure versus unstructured work

The O*NET collects data and reports interpersonal relationships:

1. Electronic mail

2. Face-to-face discussions

3. Letters and memos

4. Public speaking

5. Telephone

6. Contact with others

7. Deal with physically aggressive people

8. Deal with unpleasant or angry people

9. Frequency of conflict situations

10. Responsibility for outcome or results

11. Responsibility for others' health and safety

12. Coordinate or lead others

13. Deal with external customers

14. Work with a group or team

These data do not speak to the issue of exertion and use of the medical-vocational guidelines. These data do address the requirements of work at step five of the sequential evaluation process where some of the components of the residual functional capacity require answers that the O*NET addresses. 

The O*NET resolves the question of part-time versus full-time work. The O*NET addresses the frequency of contact with others, responsibility for outcome of work, contact with the public, and teamwork. The O*NET addresses change in work schedule. These data points meet the administrative notice criteria of 20 CFR §§ 404.1566(d), 416.966(d). The Department of Labor describes the scope of data in its publication of the Dictionary of Occupational Titles:

The O*Net is now the primary source of occupational information. It is sponsored by ETA through a grant to the North Carolina Department of Commerce. Thus, if you are looking for current occupational information you should use the O*Net.

You should use the O*NET. 

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Suggested Citation:

Lawrence Rohlfing, The O*NET --  SSA Says Do Not Use It -- But You Should, California Social Security Attorney (January 9, 2025) https://californiasocialsecurityattorney.blogspot.com

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