The Social Security Adjudicators Will Abuse SSR 24-3p

We are now over a month since the publication and three weeks post effective date of SSR 24-3p. As we discussed last month, SSR 24-3p rescinded SSR 00-4p which rescinded AR 00-3(10).  SSR 00-4p held the agency to resolving apparent conflicts with the Dictionary of Occupational Titles (DOT) and companion Selected Characteristics of Occupations (SCO). 

SSR 00-4p had the salutary benefit of allowing claimants to compare vocational evidence to the content of the DOT/SCO seeking reversal of decisions by the Appeals Council, District Court, or Court of Appeals. SSR 24-3p clearly states that the agency will no longer require adjudicators to resolve conflicts or apparent conflicts with the DOT/SCO and vocational testimony. 

Does an agency adjudicator have a responsibility to resolve conflicts in the record? That is the million dollar question. It is clear that it is the responsibility of the claimant representative to bring up conflicts during the hearing process. Raising apparent or arguable conflict later is too late. The record must raise the issue before the process is complete.

Some ALJs will rule that the record is closed and deny a post-hearing submission. The ruling says:

At the hearing level, when the claimant is represented, we expect the representative to raise any relevant questions or challenges about the VE's testimony at the time of the hearing and to assist in developing the record through appropriate questions to the VE.

 At a recent hearing the vocational witness identified in response to a sedentary, simple repetitive, and six hours of sitting hypothetical for a younger individual with a limited education but semi-skilled past work:

1. Order clerk, food and beverage – 209.567-014 – 19,516
2. Patcher – 723.687-010– 26,420
3. Circuit board assembler 726.684-110 – 22,919

The witness claimed that he consulted but his testimony was inconsistent with the Job Browser Pro, OASYS, OEWS, ORS, ONET, and DOT. He derived his testimony from the Occupational Employment Quarterly after which he considered the industries in which the occupation existed. The ALJ ruled that this satisfied the "general" description of the methodology employed. 

But the methodology is bankrupt. The primary complaint about JBP/OASYS was, "those are estimates." The OEWS and ORS did not describe sedentary work. Only the OEQ matched exertion and skill to the DOT codes. Absolutely moronic. 

1. Order Clerk (DOT 209.567-014)

Order clerk, food and beverage requires reasoning level 3. It is not simple. 

OASYS estimates 923 jobs out of 1,529 jobs at the SCO/NAICS (occupation/industry) intersections. 

JBP estimates 922 jobs.

The OEWS estimates 1,590 jobs at the SOC/NAICS intersections. 

The Employment Projections estimate 1,700 jobs at the SOC/NAICS intersections. 

More importantly, US Publishing estimates unskilled sedentary work. The Specific Occupational Employment Unskilled Quarterly (1st quarter 2023) states that order clerk, food and beverage represents 1,620 jobs in the nation. SOEUQ, page 3 line 209.567-014. Not even US Publishing believes the number of jobs derived from equal distribution.

2. Patcher (DOT 723.687-010)

OASYS determined that 5,518 production workers work in those three industry groups and 86 of those jobs belong to patcher. 

Job Browser Pro estimates 85 jobs. 

OEWS and EP estimate 8,000 jobs at the SOC/NAICS intersections compared to 5,518 by OASYS. 

The Specific Occupational Employment Unskilled Quarterly (1st quarter 2023) states that patcher represents 76 jobs in the nation. SOEUQ, page 11 line 723.687-010. Not even US Publishing believes the number of jobs derived from equal distribution.

3. Circuit board assembler (DOT 726.684-110)

OASYS estimates that circuit board assembler represents 1,182 jobs in the nation. 

Job Browser Pro estimates 1,179 jobs. 

The Specific Occupational Employment Unskilled Quarterly (1st quarter 2023) states that patcher represents 3,312 jobs in the nation. SOEUQ, page 6 line 726.684-119. Not even US Publishing believes the number of jobs derived from equal distribution.

The estimate of 67,000 jobs in the three DOT codes is fabricated, it is wrong. I have wrestled recently whether it is worse to encounter a vocational witness that (1) knowingly lies, or (2) lacks the awareness that they don't know. It is clear that a prevaricating moron is the worst. But as between someone willing to make up numbers that they know are specious and someone that just repeats numbers fed to them by other witnesses or blind ignorance, that is a toss up. 

Pick 'em. 

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Suggested Citation:

Lawrence Rohlfing, The Social Security Adjudicators Will Abuse SSR 24-3p, California Social Security Attorney (January 23, 2025) https://californiasocialsecurityattorney.blogspot.com

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