But do they meet the definition of unskilled work in the regulatory paradigm? We start with the Occupational Requirements Survey math problems counting jobs in the occupational group, reduce for full-time work, SVP, and exertion.
| Job Number Calculations | ||
# of Jobs (OEWS 2023) | % Full-Time (O*NET 29.1) | # Full-Time |
2,496,370 | 74% | 1,847,314 |
# of Jobs | % SVP 2 (ORS 2024) | # SVP 2 |
1,847,314 | 44.6% | 823,902 |
# of Jobs | % Sedentary (ORS 2024) | # Sedentary |
823,902 | 84.6% | 697,021 |
There are 74 DOT codes associated with this SOC group, you can find more information on these DOT codes by running the 2019 O*NET-SOC To DOT Crosswalk Report
The ORS 2023 data set suggests 504,884 jobs.
The only source that uses the definition of full-time work expressed in SSR 96-8p is the O*NET. You should use the O*NET because it meets SSA policy. The O*NET Crosswalk report references in the calculator identifies three sedentary, unskilled DOT codes, seven light, unskilled DOT codes, and one medium, unskilled DOT code. That translates to eleven out of seventy-four DOT codes. So much for equal distribution. Here's the list:
I include data-people-things because the regulation says that the matter. The 2021 version of EM-21065 cautioned adjudicators to not use "Temperaments (what the software tool manufacturer calls work situations or situations) or DPT (what the software manufacturer calls work functions) to determine the demands of work." We discussed this in 2022. EM-21065 Rev. 2 does not contain that caution. 20 CFR sec. 404.1568(a) describes unskilled by example:
For example, we consider jobs unskilled if the primary work duties are handling, feeding and offbearing (that is, placing or removing materials from machines which are automatic or operated by others), or machine tending, and a person can usually learn to do the job in 30 days, and little specific vocational preparation and judgment are needed. A person does not gain work skills by doing unskilled jobs.The regulation sets out three alternates joined with a conjunctive and to learning the job in 30 days or less. The three alternatives also have an adjective phrase, primary work duties. The DOT defines the things codes related to the regulation:
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.
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.
The reduces our list six DOT codes, two sedentary, three light, and one medium occupations. All have the code "7" representing handling. All have at least one other significant work function, either data or people. Six have significant work functions dealing with data and two deal with people:
Most of the Reasoning level 3 occupations deal with people. We are not simple -- customers that is. Data is not simple. SSR 85-15.
When SSA says that SVP 1 and 2 work meets the definition of unskilled simple work, the agency is wrong. "And" is conjunctive, not disjunctive. In order to qualify as simple unskilled work in the regulatory paradigm, the work functions (the sixth DOT code number) must be a 5, 6, or 7, that work function must be designated as significant, and the data/people work functions must be designated as not significant.
I cannot identify any DOT code classified as a general office clerk that meets those criteria. The correct number of general office clerk jobs that meet the 404.1568(a) definition of "work which needs little or no judgment to do simple duties that can be learned on the job in a short period of time" is zero. That phrase does not define SVP 1 and 2 work but instead limits the scope of SVP 1 and 2 work that meets the test.
We have long used the R3 as a tool to limit the scope of simple work. That remains a tool but it is a shortcut to the significant things code to the exclusion of other significant work functions. The two concepts overlap but DPT is the right tool under the regulation.
Can we just follow the law.
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Suggested Citation:
Lawrence Rohlfing, The ORS Suggests 700,000 Sedentary, SVP 1 and 2 Office Clerks, General, California Social Security Attorney (February 10, 2025) https://californiasocialsecurityattorney.blogspot.com
The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.
