Sedentary, Simple Repetitive Tasks Equals No Significant Work

 The title of this piece sets forth the foundation and conclusion.  It does not matter whether the person is 21 years with a Ph.D. in astrophysics from MIT awarded at the age of 18.  Sedentary with simple repetitive tasks equals no significant number of jobs.

Here is the hypothetical from a real case:

Q And the first hypothetical I'd like you to consider is where the individual could perform a full range of sedentary work as it's defined in regulations. And can understand, remember and carry out simple routine tasks for up to two-hour periods of time; with only occasional interaction with the general public. There should be no fast-paced production or assembly line type work, and only minimal changes in workplace setting or routine. Given these limitations would this individual be able to perform any of the work that the claimant has performed in the past?

A No, Your Honor.

Q Would there be other work that such an individual could perform, and if so can you provide me with three examples?

A Yes. Surveillance system monitor, sedentary, SVP 2, the DOT is 379.367-010, approximately 150,000 full-time jobs in the national economy which I would erode by 50 percent down to 75,000 jobs based upon the DOT designating it, that precludes the government positions. Sedentary SVP 2, the job is assembler, the DOT is 734.687-018, approximately 125,000 full-time jobs in the national economy. And sedentary SVP 2, the job is table worker, the DOT is 739.687-182, approximately 40,000 full-time jobs in the national economy.

Q All right. Let me give you a second hypothetical, and this is adding on to the first. If the individual required at least one unscheduled break of 15 to 20 minutes in addition to regular breaks and lunch in an eight-hour workday, due to chronic pain, side effects with medication and/or possibly psychological symptoms, would that preclude those jobs that you identified in response to hypothetical number one?

A Yes.

Q Would there be any other work at that level?

A No. That would, that would call for an accommodation.

Q Is your testimony consistent with the Dictionary of Occupational Titles?

A It is.

There are so many things wrong with this vocational testimony that a representative might feel overwhelmed by the force of experience and administrative momentum.  Clearly the second hypothetical question is the opioid slipped to the claimant to make him/her think that he/she was finally heard and will win the case.  We know that the feel good will disappear when the hearing decision comes.  Advocate it all you want, but we know better.  The anecdotal experience that one time the ALJ went that way is just that, anecdotal lightning in a bottle.  

It is incumbent on the responsible representative to go after the vocational expert.  We discussed this before, "what is your methodology for determining the number of jobs as a surveillance systems monitor, assembler, and table worker?"  Lock that down.  If the vocational expert gives the opaque black box testimony, leave it there and move on.  This is not a time to argue, it is a time to allow the witness to hang him/herself.  

Regardless of the methodology the vocational expert regurgitates, present conflicting evidence. 

1. Job Browser Pro

a. Job Browser Pro assigns SSM to two occupational groups.  JBP currently states that that OEWS/SOC group of school bus monitors and protective service workers, all other (33-9098) represents in the aggregate 144,310 jobs.  Gaming surveillance officers and gambling investigations  (33-9031) represents 8,340 jobs.  Those two occupational groups together represent about 10,000 jobs attributed to SSM. 

b. JBP assigns assembler to production workers, all other (51-9199) representing 194,360 jobs in 1,528 occupations. Assembler identified by the vocational expert represents an estimated 17 jobs in the nation.  

c. JBP assigns table worker to inspectors, testers, sorters, samplers, and weighers (51-9061)representing 549,200 jobs in 782 occupations.  Table worker identified by the vocational expert represents an estimated 962 jobs.  

The ALJ must resolve the conflict in the evidence with a logical and rational basis.  Administrative notice is the preferred method of estimating job numbers.  20 CFR 404.1566(d).  Testimony answers questions that notice cannot answer.  20 CFR 404.1566(e).  Create the conflict and submit the JBP reports for the OEWS Group and the DOT Employment Estimate.  JBP considers industry and the vocational expert did not.  

2. Occupational Data

a. SSM is a reasoning level 3 occupation and therefore has an apparent conflict with simple repetitive work.  The OOH states that gambling officers and investigators are semi-skilled and skilled.  The O*NET OnLine states that gambling officers and investigators do not deal with the public as an important or fairly important job function in 34% of jobs.  The O*NET resource center states that gambling officers and investigators have on-the-job training not exceeding one month in 16.8% of jobs.  Gambling officers and investigators sit 90% of the day or more in all jobs according to the ORS.  Neither the ORS nor the O*NET provide data for school bus monitors and protective service workers, all other.  

b. Assembler is a reasoning level 1 occupation.  It is simple with little changes.  Assembler does require constant use of the hands for reaching, handling, and fingering.  That creates a conflict with no fast paced work.  The OOH states that production workers are semi-skilled and skilled representing 203,600 jobs.  The ORS states that production workers engage in unskilled work in 28.7% of jobs.  Production workers stand 90% of the day or more at every reported percentile.  Production workers engage in medium work in 68.9% of jobs.  

c. Table worker is a reasoning level 1 occupation.  It is simple with little changes. Table worker requires working on a conveyor belt.  That creates a conflict with no assembly line type of work.  The OOH states that inspectors are semi-skilled and skilled representing 557,900 jobs.  The O*NET OnLine states that inspectors do not deal with the public as an important or fairly important job function in 18% of jobs.  The ORS states that inspectors engage in unskilled work in 21.3% of jobs.  Inspectors engage in light work in 53.6% of jobs and medium work in 28.1% of jobs.  Inspectors sit 75% (six hours) at the 75th percentile and 90% of the day at the 90th percentile.  Assuming 20% of the jobs are sedentary  and 20% of those jobs are unskilled (a combined 4%) results in fewer than 40,000 jobs claimed by the vocational expert.  The industries that would employ table workers (plastic and rubber products manufacturing) employ 30,200 inspectors.  Applying the 4% for sedentary and unskilled to that job number results in 1,200 jobs.  That's more than what JBP estimated but reasonably close.  

Competent representation presents either JBP or occupational data to the ALJ post-hearing.  Good representation presents both.  Be good.

___________________________

Suggested Citation:

Lawrence Rohlfing, Sedentary, Simple Repetitive Tasks Equals No Work, California Social Security Attorney (October 16, 2021)  https://californiasocialsecurityattorney.blogspot.com/2021/10/sedentary-simple-repetitive-tasks.html

Case Study - Limited Range of Sedentary - No Work

We look at a prior denied claim subject to the continuing presumption of non-disability.  The presumption attaches in the Ninth Circuit, Sixth Circuit, and the Fourth Circuit.  The Sixth Circuit has an additional Acquiescence Ruling to address.  The continuing presumption shifts the burden to the claimant to show changed circumstances.  We start the case study with the prior residual functional capacity assessment:

4. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform sedentary work as defined in 20 CFR 416.967(a) except she can climb ramps and stairs occasionally. She can never climb ladders, ropes, or scaffold. She can stoop occasionally, but never kneel, crouch, or crawl. She can balance frequently. She should avoid unprotected heights, moving machinery, and vibration. She should be in a clean-air work environment meaning low levels of pollutants and stable temperatures. She would require a sit/stand option in thirty-minute intervals. She should work in a moderate noise environment. She is limited to simple, routine, and repetitive work and a low-stress work environment, which means none production-oriented work, but can do goal-oriented work. She can have only occasional contact with supervisors and coworkers. She could interact with small group of coworkers, as long as those interactions were infrequent and superficial. She can have little to no interaction with general public. She can have only occasional changes in the work setting. She cannot do work that would require directing others, abstract thought, or planning. She can only make simple, work related decisions.

The vocational profile is a younger individual, at least a high school education, able to communicate and literate in English, and no past relevant work.  ALJ announces that he will find changed circumstances, that the claimant has additional impairments or additional limitations and asks for an opening statement.  Claimant argues that she wins on the prior residual functional capacity and if that isn't enough, she wins on the additional limitations.  ALJ propounds the  residual functional capacity to the vocational expert -- no jobs. 

The prior ALJ decision accepted vocational expert testimony identifying work as:

inspector (DOT: 669.687-014), with 100,000 jobs in the national economy; assembler (DOT: 734.687-074), with 100,000 jobs in the national economy; and packer (DOT: 209.587-010), with 80,000 jobs in the national economy.

Put aside the question of the job numbers.  They are utter garbage.  We are focused on the first question of whether occupations exist regardless of job numbers.  Inspector is dowel inspector in the woodworking industry.   The woodworking industry exists in the manufacturing sector.  It is repetitive work.  It is a production occupation. 

Assembler is slide-fastener-chain assembler in the button and notion industry.  The button and notion industry exists in the manufacturing sector.  Assembler is repetitive work.  It is a production occupation. 

Packer is misidentified.  The DOT code refers to addresser.  That occupation is obsolete.  Packers could point to ampoule sealer or hand bander -- both production related work. 

The world of work for simple tasks involves mostly production work.  Simple and limited contact with others wipe out clerical unskilled work.  We must see limitations as erosive and cutting.  When the limitations attack the world of work from opposite directions, there is rarely anything left. 

The ALJ accepted the vocational testimony and stated the intent to issue a favorable decision -- on this application.  The other application is too far gone to reopen and revise. 

Button and Notion Industry

Last week, we discussed Aida Worthington and her tacit concessions of perjury in a Social Security disability hearing.  Worthington identified assembler (button and notions) DOT 734.687-018. 

734.687-018 ASSEMBLER (button & notion) Inserts paper label in back of celluloid or metal advertising buttons and forces shaped stickpin under rim.                                    GOE: 06.04.23 STRENGTH: S GED: R1 M1 L1 SVP: 2 DLU: 77

This occupation belongs to production workers, all other (SOC 51-9199) with 1,590 DOT codes.  Occu Collect reports:

SOC Code: 51-9199.00
O*NET URL: https://www.onetonline.org/link/summary/51-9199.00

DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=734.687-018&g=GO

51-9199 Production workers, all other

Typical Education Needed	High school diploma or equivalent
Work Experience in a Related Occupation	None
Typical On-The-Job Training Needed to Attain Competency	Moderate-term on-the-job training
2016 Employment	263,500

Under the equal distribution method of estimating job numbers, we divide 263,500 jobs by 1,590, we get 166 jobs.  

Under the occupational density model, we have to determine the industry.  Job Browser Pro reports no jobs because the industry is too small.  The 2017 NAICS Manual sets out the industry designations used by County Business Patterns.  Page 308:

33999 All Other Miscellaneous Manufacturing T

This industry comprises establishments primarily engaged in miscellaneous manufacturing (except medical equipment and supplies, jewelry and flatware, sporting and athletic goods, dolls, toys, games, office supplies (except paper), and signs).

Illustrative Examples:

Artificial Christmas trees manufacturing
Burial caskets and cases manufacturing
Candles manufacturing
Coin-operated amusement machines (except jukebox) manufacturing
Electronic cigarettes manufacturing
Floor and dust mops manufacturing
Fasteners, buttons, needles, and pins (except precious metals or precious and semiprecious stones and gems) manufacturingGasket, packing, and sealing devices manufacturing
Musical instruments (except toy) manufacturing
Portable fire extinguishers manufacturing
Umbrellas manufacturing

In the US economy, we use the six-digit code reported on page 309:

339993 Fastener, Button, Needle, and Pin Manufacturing

This U.S. industry comprises establishments primarily engaged in manufacturing fasteners, buttons, needles, pins, and buckles (except made of precious metals or precious and semiprecious stones and gems).

We have an industry that employs 4,376 people -- total, all occupations.  The employment projections:

The industry sector group employs 5,400 production workers, all other.  The only data that proves useful here is the percent of occupation -- 2% of the industry group work in a position that is production workers, all other.  Using that percentage against the industry reported yields 88 jobs.  

Now we need to look at the number of DOT codes that Labor classifies in production workers, all other, and and the industry designation of button and notions.  

With 21 DOT codes and an estimated 88 jobs as production workers, all other, any estimate greater than 5 jobs as an assembler (buttons and notions) would require some reliable basis.  There isn't one.  The occupation, like the whole of production workers, all other is specious as to sedentary work and suspect as to light work.  

 

Aida Worthington Basically Admits to Perjury

Aida Worthington is a vocational expert with a bulk provider agreement (BPA) with the Social Security Administration.  She is among the worst. 

ALJ directs Worthington to assume a range of sedentary work with six hours of sitting; three hours of standing/walking; occasional ramps/stairs; occasional stooping; occasional crouching; no ladders, ropes, or scaffolds; no balance with left leg; no kneeling; no crawling; no hazards; and no vibration.  The claimant is a younger individual with a high school education and no past relevant work.  Worthington identifies three occupations:

Assembler (DOT 734.687-018) representing 200,000 jobs in the nation;
Addresser (DOT 209.587-010) representing 80,000 jobs in the nation; and
Order Clerk (209.567-014) representing 100,000 jobs in the nation.  

Worthington concedes that she uses the entire OES group of job numbers and then just rounds down.  How magnanimous.  But it is not a reliable method of estimating job numbers.  That method does not comply with either Purdy or Chavez.   It is not even as gross as the equal distribution method of estimating job numbers. 

Worthington concedes that the number of jobs does not consider the industry in which the occupations exist. 

Worthington admits that being able to sit only six hours in an eight-hour day will erode the number of jobs available in the labor market. 

Worthington does not believe that there are 200,000 assembler jobs in the nation; does not believe that there are 80,000 addresser jobs in the nation; and dose not believe that there are 100,000 order clerk jobs in the nation.  She gave testimony that she knew was untrue because those are the groups in which those occupations exist.  But she does not believe that the numbers cited represent the approximate number of sedentary unskilled jobs within those categories.  I submit that Worthington admitted to giving materially false testimony on the record.  Examining the particulars of the work identified reveals incompetence on top of knowing prevarication. 

=======================================================================

734.687-018 ASSEMBLER (button & notion) Inserts paper label in back of celluloid or metal advertising buttons and forces shaped stickpin under rim. GOE: 06.04.23 STRENGTH: S GED: R1 M1 L1 SVP: 2 DLU: 77

This occupation belongs to production workers, all other (SOC 51-9199).  Occu Collect reports:

SOC Code: 51-9199.00
O*NET URL: https://www.onetonline.org/link/summary/51-9199.00
DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=734.687-018&g=GO

Worthington testified that the group consists of 20 to 25 different DOT codes.  The O*NET reports 1,590.  

Crosswalk   Save Table (XLS/CSV)

 10 of 1590 displayed

Worthington did not do her homework. 

The OOH reports that the majority of jobs in this group are semi-skilled. 

51-9199 Production workers, all other

Typical Education Needed	High school diploma or equivalent
Work Experience in a Related Occupation	None
Typical On-The-Job Training Needed to Attain Competency	Moderate-term on-the-job training
2016 Employment	263,500

Did Worthington take the 263,500 jobs and just round down?  Yes, that is exactly what she said that she did. 

When asked if the ORS would change her mind, Worthington conceded that she would. 

Series ID: ORUP1000031A00000127

Not seasonally adjusted

Series Title: production workers, all other; hours of standing/walking (25th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of standing/walking (25th percentile)

Year	Period	Estimate
2017	Annual	7

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000127

Series ID: ORUP1000031A00000128

Not seasonally adjusted

Series Title: production workers, all other; hours of standing/walking (50th percentile - median)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of standing/walking (50th percentile - median)

Year	Period	Estimate
2017	Annual	7.25

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000128

Series ID: ORUP1000031A00000129

Not seasonally adjusted

Series Title: production workers, all other; hours of standing/walking (75th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of standing/walking (75th percentile)

Year	Period	Estimate
2017	Annual	8

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000129

Series ID: ORUP1000031A00000132

Not seasonally adjusted

Series Title: production workers, all other; hours of sitting, mean

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of sitting, mean

Year	Period	Estimate
2017	Annual	0.97

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000132

Series ID: ORUP1000031A00000133

Not seasonally adjusted

Series Title: production workers, all other; hours of sitting (10th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of sitting (10th percentile)

Year	Period	Estimate
2017	Annual	-

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000133

Series ID: ORUP1000031A00000134

Not seasonally adjusted

Series Title: production workers, all other; hours of sitting (25th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of sitting (25th percentile)

Year	Period	Estimate
2017	Annual	-

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000134

Series ID: ORUP1000031A00000136

Not seasonally adjusted

Series Title: production workers, all other; hours of sitting (75th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: hours of sitting (75th percentile)

Year	Period	Estimate
2017	Annual	1

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000136

Series ID: ORUP1000031A00000997

Not seasonally adjusted

Series Title: production workers, all other; % of day sitting is required, mean

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day sitting is required, mean

Year	Period	Estimate
2017	Annual	12

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000997

Series ID: ORUP1000031A00000998

Not seasonally adjusted

Series Title: production workers, all other; % of day sitting is required (10th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day sitting is required (10th percentile)

Year	Period	Estimate
2017	Annual	-

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000998

Series ID: ORUP1000031A00000999

Not seasonally adjusted

Series Title: production workers, all other; % of day sitting is required (25th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day sitting is required (25th percentile)

Year	Period	Estimate
2017	Annual	-

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000999

Series ID: ORUP1000031A00001003

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required, mean

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required, mean

Year	Period	Estimate
2017	Annual	88

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001003

Series ID: ORUP1000031A00001004

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required (10th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required (10th percentile)

Year	Period	Estimate
2017	Annual	75

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001004

Series ID: ORUP1000031A00001005

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required (25th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required (25th percentile)

Year	Period	Estimate
2017	Annual	87.5

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001005

Series ID: ORUP1000031A00001006

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required (50th percentile - median)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required (50th percentile - median)

Year	Period	Estimate
2017	Annual	96.7

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001006

Series ID: ORUP1000031A00001007

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required (75th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required (75th percentile)

Year	Period	Estimate
2017	Annual	100

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001007

Series ID: ORUP1000031A00001008

Not seasonally adjusted

Series Title: production workers, all other; % of day standing/walking is required (90th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: % of day standing/walking is required (90th percentile)

Year	Period	Estimate
2017	Annual	100

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00001008

There does not appear to be any sedentary jobs within the classification of production workers, all other.  It does not get better:

Series ID: ORUV1000031A00000065

Not seasonally adjusted

Series Title: % of production workers, all other; svp is beyond short demonstration, up to & including 1 month

Requirement: Education, Training, And Experience

Occupation: production workers, all other

Estimate: svp is beyond short demonstration, up to & including 1 month

Year	Period	Estimate
2017	Annual	46.3

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000031A00000065

Less than half are unskilled. 

Series ID: ORUP1000031A00000234

Not seasonally adjusted

Series Title: production workers, all other; pounds maximum weight lifted/carried (10th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: pounds maximum weight lifted/carried (10th percentile)

Year	Period	Estimate
2017	Annual	10

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000234

Series ID: ORUP1000031A00000235

Not seasonally adjusted

Series Title: production workers, all other; pounds maximum weight lifted/carried (25th percentile)

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: pounds maximum weight lifted/carried (25th percentile)

Year	Period	Estimate
2017	Annual	25

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000235

Ten percent lift/carry in the sedentary range. 

Series ID: ORUP1000031A00000663

Not seasonally adjusted

Series Title: % of production workers, all other; strength is medium work

Requirement: Physical Demands

Occupation: production workers, all other

Estimate: strength is medium work

Year	Period	Estimate
2017	Annual	73.9

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000031A00000663

But most do require medium exertion.  

And the employment projections make the issue worse:

Census reports two NAICS codes that involve buttons manufacture:

2017 NAICS Key Word Search

Search results for: buttons
Number of records found: 3 

339910  Buttons, precious metal, precious stones, semiprecious stones, manufacturing

339993  Buttons (except precious metal, precious stones, semiprecious stones) manufacturing

That puts the number of jobs on line 125 since 339910 and 339993 are subsets of 339900.  The number of production workers, all other in the industry group cannot exceed 5,400 before accounting for exertion and skill. 

======================================================================

We discussed addresser in the past -- it is obsolete and no longer represents significant numbers of jobs as described in the DOT.  But we are concerned today with the problem of sitting not more than six hours in a day. 

SOC Code: 43-9022.00O*NET URL: https://www.onetonline.org/link/summary/43-9022.00DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=209.587-010&g=GODOT Name: ADDRESSER (clerical)DOT Narrative: 209.587-010 ADDRESSER (clerical) alternate titles: addressing clerk; envelope addresser Addresses by hand or typewriter, envelopes, cards, advertising literature, packages, and similar items for mailing. May sort mail. GOE: 07.07.02 STRENGTH: S GED: R2 M1 L2 SVP: 2 DLU: 77

The DOT does not define the amount of sitting.  The DOT excludes work from sedentary classification based on lifting/carrying or on standing/walking. 

43-9022.00 - Word Processors and Typists

Exertional	%	Response
Spend Time Sitting — How much does this job require sitting?	90	Continually or almost continually
	10	More than half the time
	0	About half the time
	0	Less than half the time
	0	Never

Word processors and typists sit more than frequently in 90% of jobs.  Worthington conceded to erosion.  Turns out the erosion is 90% even if the occupation does exist. 

Dictionary of Occupational Titles (DOT)

203.362-010    Clerk-Typist

203.382-030    Word Processing Machine Operator

203.582-050    Telegraphic-Typewriter Operator

203.582-058    Transcribing-Machine Operator

203.582-066    Typist

203.582-078    Notereader

209.382-010    Continuity Clerk

209.587-010    Addresser

The O*NET confirms that the only sedentary and unskilled occupation in the group is addresser.  Worthington conceded that as well. 

43-9022 Word processors and typists

Typical Education Needed	High school diploma or equivalent
Work Experience in a Related Occupation	None
Typical On-The-Job Training Needed to Attain Competency	Short-term on-the-job training
2016 Employment	74,900

Most of the jobs are unskilled but that does not erase the 90% that sit continually or almost continually during a workday. 

=====================================================================

We discussed order clerk, food and beverage in 2017.  A quick check of the O*NET is still worthwhile:

Exertional	%	Response
Spend Time Sitting — How much does this job require sitting?	41	Continually or almost continually
	48	More than half the time
	10	About half the time
	2	Less than half the time
	0	Never

Less than half (48%) meet the requirement for sitting up to six hours in a day. 

Series ID: ORUP1000072400000999

Not seasonally adjusted

Series Title: order clerks; % of day sitting is required (25th percentile)

Requirement: Physical Demands

Occupation: order clerks

Estimate: % of day sitting is required (25th percentile)

Year	Period	Estimate
2017	Annual	75

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000072400000999

Series ID: ORUP1000072400001000

Not seasonally adjusted

Series Title: order clerks; % of day sitting is required (50th percentile - median)

Requirement: Physical Demands

Occupation: order clerks

Estimate: % of day sitting is required (50th percentile - median)

Year	Period	Estimate
2017	Annual	81.3

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000072400001000

Series ID: ORUP1000072400001001

Not seasonally adjusted

Series Title: order clerks; % of day sitting is required (75th percentile)

Requirement: Physical Demands

Occupation: order clerks

Estimate: % of day sitting is required (75th percentile)

Year	Period	Estimate
2017	Annual	95

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000072400001001

Series ID: ORUP1000072400001002

Not seasonally adjusted

Series Title: order clerks; % of day sitting is required (90th percentile)

Requirement: Physical Demands

Occupation: order clerks

Estimate: % of day sitting is required (90th percentile)

Year	Period	Estimate
2017	Annual	100

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000072400001002

The ORS puts the number of order clerks at the sedentary range with not more than six hours of sitting at 25% compared to 51.6% that require sedentary exertion including more than six hours of sitting. 

Series ID: ORUP1000072400000661

Not seasonally adjusted

Series Title: % of order clerks; strength is sedentary

Requirement: Physical Demands

Occupation: order clerks

Estimate: strength is sedentary

Year	Period	Estimate
2017	Annual	51.6

https://beta.bls.gov/dataViewer/view/timeseries/ORUP1000072400000661

Looking at skill level, the ORS states:

Series ID: ORUV1000072400000065

Not seasonally adjusted

Series Title: % of order clerks; svp is beyond short demonstration, up to & including 1 month

Requirement: Education, Training, And Experience

Occupation: order clerks

Estimate: svp is beyond short demonstration, up to & including 1 month

Year	Period	Estimate
2017	Annual	49.7

https://beta.bls.gov/dataViewer/view/timeseries/ORUV1000072400000065

Less than half are unskilled. 

The employment within the industry that would find order clerks, food and beverage is about 1,400 jobs.  About a quarter of those sit six hours per day or less. 

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If we had a medical expert that testified with no connection to the medical records in the file, we would argue that the witness deserves no weight.  The record available to a vocational expert is the data accumulated and reported by the Department of Labor in the DOT/SCO, the O*NET, the ORS, and the employment projections.  That record includes the County Business Patterns from the Census Bureau.  But if we don't present the record to the ALJ, our clients lose.