Wednesday, October 31, 2018

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)

Show all 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)
YearPeriodEstimate
2017Annual7
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)
YearPeriodEstimate
2017Annual7.25
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)
YearPeriodEstimate
2017Annual8
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
YearPeriodEstimate
2017Annual0.97
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)
YearPeriodEstimate
2017Annual-
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)
YearPeriodEstimate
2017Annual-
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)
YearPeriodEstimate
2017Annual1
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
YearPeriodEstimate
2017Annual12
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)
YearPeriodEstimate
2017Annual-
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)
YearPeriodEstimate
2017Annual-
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
YearPeriodEstimate
2017Annual88
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)
YearPeriodEstimate
2017Annual75
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)
YearPeriodEstimate
2017Annual87.5
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)
YearPeriodEstimate
2017Annual96.7
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)
YearPeriodEstimate
2017Annual100
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)
YearPeriodEstimate
2017Annual100

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
YearPeriodEstimate
2017Annual46.3

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)
YearPeriodEstimate
2017Annual10
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)
YearPeriodEstimate
2017Annual25

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
YearPeriodEstimate
2017Annual73.9

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)
YearPeriodEstimate
2017Annual75
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)
YearPeriodEstimate
2017Annual81.3
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)
YearPeriodEstimate
2017Annual95
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)
YearPeriodEstimate
2017Annual100

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
YearPeriodEstimate
2017Annual51.6

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
YearPeriodEstimate
2017Annual49.7

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. 

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

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.  
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Sunday, October 28, 2018

Hours Worked by Ushers, Lobby Attendants, and Ticket Takers

Assume an individual capable of light exertion capable of occasional use of the upper extremities for reaching, handling, and fingering.  For an individual closely approaching advanced age, the inability to perform a significant range of light work results in a finding of disability.  Even for a younger individual, the limitation to occasional reaching, handling, and fingering can result in a finding of disability.

But the vocational expert has usher up her sleeve.  Here is the Labor descriptions:









DOT Narrative: 344.677-014 USHER (amuse. & rec.) Assists patrons at entertainment events to find seats, search for lost articles, and locate facilities, such as restrooms and telephones. Distributes programs to patrons. Assists other workers to change advertising display. GOE: 09.05.08 STRENGTH: L GED: R2 M1 L1 SVP: 2 DLU: 81

PHYSICAL DEMANDS:
RE
HA
FI
O
O
O
REACHING: Occasionally
Extending hand(s) and arm(s) in any direction. In Part A, the rating for the Reaching component appears eighth in the first Physical Demand column under the vertical heading Re.
HANDLING: Occasionally
Seizing, holding, grasping, turning, or otherwise working with hand or hands. Fingers are involved only to the extent that they are an extension of the hand, such as to tum a switch or shift automobile gears. In Part A, the rating for the Handling component appears ninth in the first Physical Demand column under the vertical heading Ha.
FINGERING: Occasionally
Picking, pinching, or otherwise working primarily with fingers rather than with the whole hand or arm as in handling. In Part A, the rating for the Fingering component appears tenth (last) in the first Physical Demand column under the vertical heading Fi.
Of the five occupations in the group of ushers, lobby attendants and ticket takers, two of them require occasional reaching, handling, and fingering: usher and children's attendant (DOT 349.677-018). The O*NET describes the occupational group as requiring occasional or less use of the hands in 43% of jobs:





Custom Report for: 39-3031.00 - Ushers, Lobby Attendants, and Ticket Takers

https://www.onetonline.org/link/custom/39-3031.00

Exertional%Response
Spend Time Using Your Hands to Handle, Control, or Feel Objects, Tools, or Controls — How much does this job require using your hands to handle, control, or feel objects, tools or controls?
20
Continually or almost continually
32
More than half the time
4
About half the time
9
Less than half the time
34
Never
But only 38% do not make repetitive movements more than occasionally:

Postural%Response
Spend Time Making Repetitive Motions — How much does this job require making repetitive motions?
34
Continually or almost continually
27
More than half the time
1
About half the time
11
Less than half the time
27
Never
The vast majority of these jobs are part-time:

Structural Job Characteristics
%
Response
Duration of Typical Work Week — Number of hours typically worked in one week.
7
More than 40 hours
3
40 hours
90
Less than 40 hours

And that is the focus of the question -- how much less than 40 hours per week does the typical part-time employee work in the industry employment.  The OOH reports median annual wages of $20,820.  But the OES reports wages at all wages at approximately 2,080 hour per year:

Percentile wage estimates for this occupation:
Percentile10%25%50%
(Median)		75%90%
Hourly Wage$8.27$8.99$10.01$11.70$14.74
Annual Wage (2)$17,210$18,690$20,820$24,330$30,660
The O*NET reports the same median and annual wage.  That is not consistent with the report of 90% of workers working part-time.  The question is how many hours to ushers work? 

Table A-28 reports that the broad range of service workers work 35.0 hours per week. 

Table B-2 reports that people that work in the leisure and and hospitality industry sectors work on average 26.0 hours per week. 

Table B-7 reports that people that work in the leisure and hospitality industry sectors in a non-supervisory position work 24.7 hours per week. 

Working 24.7 hours per week equates to 106.2 hours per month.  Median earnings would not amount to more than $1,180 per month, the current cut-off for substantial gainful activity.  For those not in the 10% that work full-time or more, the average number of hours drops to about 23.0 hours per week per part-time employee.  (90pt + 10ft)/100 = 24.7; ft = 40,. 

When the vocational expert cites usher or children's attendant as a target occupation at step five of the sequential evaluation process, we must ask how many hours ushers work and for the published statistical basis for that opinion.  We must confirm with the vocational expert that the industry in which ushers work with the characteristics described in the DOT/SCO is in the entertainment industry.  Then we must cite and provide copies of tables B-2 and B-7 to the ALJ.  
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Saturday, October 20, 2018

Redeeming Your NOSSCR Occu Collect Codes

Occu Collect gave 30-day free trials at NOSSCR.
















From www.occucollect.comwww.occucollect.com, create an account by clicking on "account."

Creating the account gives access to the DOT-SCO summary reports.













Updating the profile give the option to redeem your NOSSCR code.











In the profile page, enter the redemption code "NOSSCR18".












Enjoy.
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