Showing posts with label reasoning level. Show all posts
Showing posts with label reasoning level. Show all posts

Friday, February 15, 2019

Vocational Expert Claims that Simple is a Subjective Matter of Definition

At a recent hearing, the vocational expert testified that "simple" is a matter of disagreement depending on the definition of the word.  The cases don't prevent a vocational expert from identifying a reasoning level 3 occupation as simple -- just that an apparent conflict exists that requires an explanation.  

There are 87 unskilled DOT codes that carry a reasoning level of 3.  Of those 87 DOT codes, 22 of them require medium or heavy exertion.  We focus on the 65 unskilled DOT codes with a reasoning level of 3 and that require either sedentary or light exertion.  We first review the DOT definition of reasoning level 3:

Apply commonsense understanding to carry out instructions furnished in written, oral, or diagrammatic form. Deal with problems involving several concrete variables in or from standardized situations.
Reasoning level 3 requires that ability to understand, remember, and carry out instructions furnished not just orally or in writing, but also diagrammatically.  Reasoning level 3 requires the ability to handle problems that involve several different concrete variables.  The definition of reasoning level 3 does not sound "simple."  Reasoning level 4 is even more complex.

The DOT lists 68 unskilled sedentary and light DOT codes with a reasoning level of 3 or 4.  The DOT lists 46 occupations with a significant data worker function (the fourth digit of the DOT code); 40 occupations with a significant people worker function (the fifth digit in the DOT code); and 29 with a significant thing worker function (the sixth digit of the DOT code).  The DOT list 6 occupations that have significant worker functions in all three categories; 23 with significant data and people; 11 with significant data and things; and 2 with significant people and things.  The DOT explains data-people-things coding:
Much of the information in this publication is based on the premise that every job requires a worker to function, to some degree, in relation to Data, People, and Things. These relationships are identified and explained below. They appear in the form of three listings arranged in each instance from the relatively simple to the complex in such a manner that each successive relationship includes those that are simpler and excludes the more complex. (As each of the relationships to People represents a wide range of complexity, resulting in considerable overlap among occupations, their arrangement is somewhat arbitrary and can be considered a hierarchy only in the most general sense.) The identifications attached to these relationships are referred to as Worker Functions, and provide standard terminology for use in summarizing how a worker functions on the job. 
The fourth, fifth, and sixth digits of the occupational code reflect relationships to Data, People, and Things, respectively. These digits express a job's relationship to Data, People, and Things by identifying the highest appropriate function
The DOT lists 20 DOT codes with two Work Fields and three DOT codes with three work fields. The Revised Handbook for Analyzing Jobs defines the concept of work fields:
Work Fields. a component of Work Performed. are categories of technologies that reflect how work gets done and what gets done as a result of the work activities of a job: the purpose of the job. There are 96 Work Fields identified for use by the USES for classification of all jobs in the economy in terms of what gets done on the job.
The DOT lists eight DOT codes with two Materials, Products, Subject Matter, and Services ("MPSMS") codes.  The RHAJ defines the concept of MPSMS codes in the context of the overall structure of the DOT data set:
MPSMS is the final link in a chain describing (I) what the worker does (Worker Functions); (2) what gets done (Work Fields); (3) to what (MPSMS).
Of the 68 unskilled sedentary and light DOT codes with a reasoning level of 3 or 4, the DOT lists 30 that have a temperament for repetitive work.  Of that list of 30 DOT codes, 21 have a temperament for attaining precise set limits, tolerances, and standards; two have a temperament for working under specific instruction; and eight have a temperament for working with people beyond receiving instructions.  The 38 DOT codes that do no have a temperament for repetitive work, seven have a temperament for influencing people; eight have a temperament for performing a variety of tasks; 16 have a temperament for attaining precise set limits, tolerances, and standards; one has a temperament for working under specific instruction; 27 have a temperament for working with people beyond receiving instructions; and 14 have a temperament for making judgments and decisions.  Two of the occupations have a temperament for repetitive work and no other required temperament.  Temperaments means:
The category Temperaments is one of the components of job analysis because different job situations call for different personality traits on the part of the worker. Experience in placing individuals in jobs indicates that the degree to which the worker can adapt to work situations is often a determining factor for success. A person's dissatisfaction or failure to perform adequately can sometimes be attributed to an inability to adapt to a work situation rather than to an inability to learn and carry out job duties.
Adapt and adjust have the same contextual meaning.  Adjust is the legal term use to define the ability to perform other work at step 5 of the sequential evaluation process.

 Of the approximately 1,708 light and sedentary unskilled DOT codes.  We have already counted 68 with reasoning level 3 and 4.  The vast majority, 1,607 occupations, have a significant things code (the sixth digit).  The DOT lists 1,398 occupations with one work field; 1,588 occupations with one MPSMS code.  The DOT lists 1,587 occupations with the temperament for repetitive work.  Most of the 1,708 light and unskilled DOT codes meet the requirements for simple and repetitive work.  Reasoning knocks out 68 DOT codes.  Data-people-things; work fields; MPSMS codes; and temperaments warrant further consideration in an occupation-by-occupation basis alongside the narrative of the DOT code in question.  And it is not a subjective determination; it is a matter of looking at statistical data and drawing conclusions from that data with a subjective pre-determined outcome. 


Thursday, October 4, 2018

Unskilled and Reasoning Level 2 -- Simple, Repetitive Work? Not Necessarily

Over the past two posts, we discussed reasoning level 2 occupations that are not simple, repetitive work because they are skilled SVP 5 and 6 occupations.  One group carried the temperament for repetitive work but had other characteristics that explained why there were not simple, repetitive work.  The second group did not carry the temperament for repetitive work and necessarily had other characteristics that betrayed the idea of R2 equals simple, repetitive work.  Academically interesting but not informative since the ALJ asks about the ability to perform other unskilled work in the majority of disability cases.  In this and the next few posts, we will use what we learned about R2 skilled work to declassify R2 unskilled work from that simple, repetitive work mantra. 

Consider this list of 24 light, unskilled, reasoning level 2 occupations that do not carry the temperament for repetitive work but do carry the temperament for people. 

DOTCode
DOTTitle
159.647-010
AMUSEMENT PARK ENTERTAINER
371.567-010
GUARD, SCHOOL-CROSSING
372.667-042
SCHOOL BUS MONITOR
311.472-010
FAST-FOODS WORKER
352.677-018
WAITER/WAITRESS, CLUB
311.477-010
CAR HOP
319.464-014
VENDING-MACHINE ATTENDANT
344.677-010
PRESS-BOX CUSTODIAN
349.677-018
CHILDREN'S ATTENDANT
342.667-014
ATTENDANT, ARCADE
324.577-010
ROOM-SERVICE CLERK
335.677-014
HOT-ROOM ATTENDANT
346.677-018
SECOND
358.677-014
LOCKER-ROOM ATTENDANT
353.667-010
ESCORT
349.667-010
HOST/HOSTESS, DANCE HALL
249.366-010
COUNTER CLERK
295.467-010
BICYCLE-RENTAL CLERK
295.467-018
HOSPITAL-TELEVISION-RENTAL CLERK
291.454-010
LEI SELLER
291.457-010
CIGARETTE VENDOR
292.457-010
NEWSPAPER CARRIER
205.367-058
TRAFFIC CHECKER
245.367-014
BLOOD-DONOR-UNIT ASSISTANT

Several occupations on the list jump out as identified by vocational experts.  Some, like cigarette vendor, do not exist or exist in dwindling numbers -- my hunch with no data exploration.  Each of the occupations listed carry a "S" for significant on that middle digit, the people code in the data-people-things coding.  This significant-not significant coding is found in a variety of sources that compile the electronic files of the DOT-SCO data set, such as Occu Collect.  The people codes range from 4 to 7 in this set.  The DOT defines those classifications:
4 Diverting: Amusing others, usually through the medium of stage, screen, television, or radio.
 5 Persuading: Influencing others in favor of a product, service, or point of view.
 6 Speaking-Signaling: Talking with and/or signaling people to convey or exchange information. Includes giving assignments and/or directions to helpers or assistants.
 7 Serving: Attending to the needs or requests of people or animals or the expressed or implicit wishes of people. Immediate response is involved.

The words "others" or "people" are in the categories used and are designated as significant.  The temperament for people from the Revised Handbook for Analyzing Jobs (Dept. of Labor 1991) refines the concepts:
Dealing with PEOPLE: Involves interpersonal relationships in job situations beyond receiving work instructions.
This definition of the people temperament includes more than the interaction of receiving instructions; this definition requires the ability to engage in interpersonal relationships.  People are not simple.  The fifth example has the most application to unskilled work activity.  The RHAJ describes dealing with people by exemplar:
 Receives callers at establishment, determines nature of business, and directs callers to destination.
Embedded in this definition are the functions of making determinations of the intent or need of another person and making a decision how or who the caller needs to go to meet that need.  The 24 light unskilled occupations do not qualify as simple, repetitive tasks despite the presence of reasoning level 2 because of the significance of dealing with people beyond receiving work instructions   Occupations without the temperament for repetitive or short cycle work and with a temperament are not simple nor are they repetitive.  




Wednesday, October 3, 2018

Reasoning Level 2, Not Repetitive and Yes, Still Skilled Work

We discussed the finding of reasoning level 2 work with a temperament for repetitive work activity as skilled work and therefore not simple repetitive work.  The DOT lists another 14 occupations that have the designation of reasoning level 2, do not have the temperament for repetitive work, and are SVP 5 and 6 -- skilled work.  The 14 occupations:

DOT Code
DOT Name
378.684-022
INFANTRY INDIRECT FIRE CREWMEMBER
502.664-018
STEEL-POURER HELPER
514.582-010
VACUUM CASTER
575.684-026
GATHERER
619.484-010
ORNAMENTAL-METAL-WORKER HELPER
720.684-014
PHONOGRAPH-CARTRIDGE ASSEMBLER
732.684-118
SKI REPAIRER, PRODUCTION
774.384-010
INSPECTOR II
805.664-010
BOILERMAKER HELPER II
842.684-014
DRY-WALL APPLICATOR
863.664-010
BLOWER INSULATOR
951.685-014
FIRER, LOW PRESSURE
952.687-014
SUBSTATION-OPERATOR HELPER
962.687-022
GRIP

Like the list of R2 repetitive occupations, none of these occupations have a significant need to deal with people so that is not the reason for their skilled classification. Inspector II has a significant worker function for data, compiling:
3 Compiling: Gathering, collating, or classifying information about data, people, or things. Reporting and/or carrying out a prescribed action in relation to the information is frequently involved.
That "3" is the fourth digit in the data-people-things cluster. These occupations require significant worker functions with things, mostly "4" with one each of 2, 5, and 7. From Appendix B of the DOT:
2 Operating-Controlling: Starting, stopping, controlling, and adjusting the progress of machines or equipment. Operating machines involves setting up and adjusting the machine or material(s) as the work progresses. Controlling involves observing gauges, dials, etc., and turning valves and other devices to regulate factors such as temperature, pressure, flow of liquids, speed of pumps, and reactions of materials.

4 Manipulating: Using body members, tools, or special devices to work, move, guide, or place objects or materials. Involves some latitude for judgment with regard to precision attained and selecting appropriate tool, object, or material, although this is readily manifest.

5 Tending: Starting, stopping, and observing the functioning of machines and equipment. Involves adjusting materials or controls of the machine, such as changing guides, adjusting timers and temperature gauges, turning valves to allow flow of materials, and flipping switches in response to lights. Little judgment is involved in making these adjustments.

7 Handling: Using body members, handtools, and/or special devices to work, move, or carry objects or materials. Involves little or no latitude for judgment with regard to attainment of standards or in selecting appropriate tool, object, or materials.
These worker functions implicate the SSA definition of skilled work:
Skilled work requires qualifications in which a person uses judgment to determine the machine and manual operations to be performed in order to obtain the proper form, quality, or quantity of material to be produced. Skilled work may require laying out work, estimating quality, determining the suitability and needed quantities of materials, making precise measurements, reading blueprints or other specifications, or making necessary computations or mechanical adjustments to control or regulate the work. Other skilled jobs may require dealing with people, facts, or figures or abstract ideas at a high level of complexity.
Infantry indirect fire crewman is the only occupation that requires a temperament for working under stress. It also requires exercising judgment. Including the infantry crewman occupation, 12 of the 14 reasoning level 2 non-repetitive occupations require the exercise of judgment as a temperament. Ten of those occupations require the temperament for attaining precise set limits and tolerances. The remaining two occupations (boiler maker II and grip) require the temperament for performing a variety of duties.

The three key temperaments of use of judgment, attaining set limits, and performing a variety of tasks are defined in the Revised Handbook for Analyzing Jobs (Dept. of Labor 1991) as:
Performing a VARIETY of Duties: Involves frequent changes of tasks involving different aptitudes, technologies, techniques, procedures, working conditions, physical demands, or degrees of attentiveness without loss of efficiency or composure. The involvement of the worker in two or more work fields may be a clue that this temperament is required.
Attaining Precise Set Limits, TOLERANCES, and Standards: Involves adhering to and achieving exact levels of performance, using precision measuring instruments, tools, and machines to attain precise dimensions; preparing exact verbal and numerical records; and complying with precise instruments and specifications for materials, methods, procedures, and techniques to attain specified standards. 
Making JUDGMENTS and Decisions: Involves solving problems, making evaluations, or reaching conclusions based on subjective or objective criteria, such as the five senses, knowledge, past experiences, or quantifiable or factual data.
Performing a variety of tasks, attaining precise set limits, and making judgments are quintessentially inconsistent with a limitation to simple repetitive or routine tasks. Next we will look at unskilled occupations that share these temperaments with the same question, are they simple repetitive or routine tasks.

Tuesday, October 2, 2018

Reasoning Level 2, Temperament for Repetitive, Must Be Simple Repetitive Unskilled Work -- No

I compiled a list of 27 DOT codes that carry reasoning level 2 and have a temperament for repetitive work activity.  Here's the list:

DOT Code
DOT Name
520.684-010
ALMOND-PASTE MOLDER
556.484-010
SCAGLIOLA MECHANIC
558.585-010
CATALYTIC-CONVERTER-OPERATOR HELPER
559.664-014
PILOT-CONTROL-OPERATOR HELPER
612.683-010
MANIPULATOR OPERATOR
629.684-014
MILLER, HEAD, ASSISTANT, WET PROCESS
630.684-022
PUMP-SERVICER HELPER
651.686-022
ROLL TENDER
700.684-066
RING STAMPER
706.684-054
FITTER II
711.684-014
CEMENTER
715.584-010
DIAL REFINISHER
736.684-022
BARREL REPAIRER
737.684-038
SHELL ASSEMBLER
739.684-022
BRUSH MATERIAL PREPARER
739.684-086
HAIR WORKER
739.684-154
TICKET-CHOPPER ASSEMBLER
739.684-186
PIPE STEM REPAIRER
790.684-014
CIGAR MAKER
790.684-022
ROLLER, HAND
801.664-014
UTILITY WORKER, MERCHANT MILL
840.684-010
GLASS TINTER
861.664-010
MARBLE FINISHER
861.664-014
TERRAZZO FINISHER
861.664-018
TILE FINISHER
862.684-010
JUNCTION MAKER
955.463-010
SANITARY LANDFILL OPERATOR

Other than the reasoning level and the temperament for repetitive work, these 31 DOT codes have one other characteristic in common -- they are all skilled occupations, one with an SVP 6 and the rest SVP 5.  The next question is, "what makes them skilled?"  We start with the definition of skilled work from the regulation:
Skilled work requires qualifications in which a person uses judgment to determine the machine and manual operations to be performed in order to obtain the proper form, quality, or quantity of material to be produced. Skilled work may require laying out work, estimating quality, determining the suitability and needed quantities of materials, making precise measurements, reading blueprints or other specifications, or making necessary computations or mechanical adjustments to control or regulate the work. Other skilled jobs may require dealing with people, facts, or figures or abstract ideas at a high level of complexity.
First criterion for skilled work is the use of judgment.  Five of our DOT codes require use of judgment as a temperament: 

DOT Code
DOT Name
520.684-010
ALMOND-PASTE MOLDER
700.684-066
RING STAMPER
706.684-054
FITTER II
861.664-010
MARBLE FINISHER
861.664-014
TERRAZZO FINISHER

The next criterion involves laying out the materials for work.  This corresponds to the temperament for working under supervision.  Just two DOT codes have the working under supervision temperament:

DOT Code
DOT Name
651.686-022
ROLL TENDER
955.463-010
SANITARY LANDFILL OPERATOR

The next criterion to look at concerns the need to put the product in proper form, quality, and quantity.  The electronic files use the temperament for attaining precise set limits and tolerances.  This list includes 23 DOT codes, with three of those also requiring the use of judgment:

DOT Code
DOT Name
520.684-010
ALMOND-PASTE MOLDER
556.484-010
SCAGLIOLA MECHANIC
558.585-010
CATALYTIC-CONVERTER-OPERATOR HELPER
559.664-014
PILOT-CONTROL-OPERATOR HELPER
612.683-010
MANIPULATOR OPERATOR
629.684-014
MILLER, HEAD, ASSISTANT, WET PROCESS
630.684-022
PUMP-SERVICER HELPER
700.684-066
RING STAMPER
706.684-054
FITTER II
711.684-014
CEMENTER
715.584-010
DIAL REFINISHER
736.684-022
BARREL REPAIRER
737.684-038
SHELL ASSEMBLER
739.684-022
BRUSH MATERIAL PREPARER
739.684-086
HAIR WORKER
739.684-154
TICKET-CHOPPER ASSEMBLER
739.684-186
PIPE STEM REPAIRER
790.684-014
CIGAR MAKER
790.684-022
ROLLER, HAND
801.664-014
UTILITY WORKER, MERCHANT MILL
840.684-010
GLASS TINTER
861.664-018
TILE FINISHER
862.684-010
JUNCTION MAKER

Of the 27 DOT codes with a reasoning level 2 and a temperament for repetitive work activity, none of them have a significant data code (the fourth digit) or people code (the middle digit).  All 27 of the DOT codes have a significant things code (the sixth digit).  The most common things code among these 27 DOTs is "4" the code for manipulating.  Two of the DOT codes require driving-operating (things code 3); one requires tending (things code 5); and one requires feeding-off bearing (things code 6).  None of these occupations require  dealing with people, facts, or figures or abstract ideas at a high level of complexity, the untouched hallmark for skilled work.  The DOT Appendix B defines these worker functions as:

3 Driving-Operating: Starting, stopping, and controlling the actions of machines or equipment for which a course must be steered or which must be guided to control the movement of things or people for a variety of purposes. Involves such activities as observing gauges and dials, estimating distances and determining speed and direction of other objects, turning cranks and wheels, and pushing or pulling gear lifts or levers. Includes such machines as cranes, conveyor systems, tractors, furnace-charging machines, paving machines, and hoisting machines. Excludes manually powered machines, such as handtrucks and dollies, and power-assisted machines, such as electric wheelbarrows and handtrucks.
4 Manipulating: Using body members, tools, or special devices to work, move, guide, or place objects or materials. Involves some latitude for judgment with regard to precision attained and selecting appropriate tool, object, or material, although this is readily manifest.
5 Tending: Starting, stopping, and observing the functioning of machines and equipment. Involves adjusting materials or controls of the machine, such as changing guides, adjusting timers and temperature gauges, turning valves to allow flow of materials, and flipping switches in response to lights. Little judgment is involved in making these adjustments.
6 Feeding-Offbearing: Inserting, throwing, dumping, or placing materials in or removing them from machines or equipment which are automatic or tended or operated by other workers.

What is clear from this exercise is that reasoning level 2 and a temperament for repetitive work does not necessarily equate to unskilled work that meets the "SRT" limitation found in the state agency workup.  Simple repetitive work requires a significantly more granular examination of all the data presented by the DOT, SCO, and the electronic files.