Vocational Determinations and the State Agency: The DOT is Not Just a Problem at the Hearing Level

Author: Tom Krause, Litigation Director

Over the past several years, NOSSCR and its members have consistently complained of SSA’s use of the antiquated Dictionary of Occupational Titles (DOT). NOSSCR recently completed a three-part series online regarding Vocational Expert Cross-Examination. There will be multiple sessions at the Nashville Conference on Vocational Experts and the DOT. But what about DDS vocational determinations on initial application and reconsideration?

Nationally, in FY 2023, the various state agencies decided about 1.8 million initial applications and almost a half-million requests for reconsideration. While hard figures are hard to find, and since the Field Office issues Step 1 denials, we believe the great majority of these decisions are based on vocational factors. But are these vocational determinations any more sound than vocational expert testimony at a hearing? Apparently not. Below is an example drawn from a recent file review. Not only did the state agency mess up, but it messed up badly. Here are the facts and analysis, followed by the DOT descriptions for the three jobs identified:

The claimant is 48 years old, born in late 1975 with a twelfth-grade education. DDS did not make a finding regarding past relevant work.

The claimant’s impairments include chronic lumbar back pain; traumatic complete tear of the right rotator cuff, sequela; right shoulder glenohumeral synovitis; shoulder biceps tenosynovitis; shoulder supraspinatus/infraspinatus tear; shoulder impingement with down sloping acromion; anemia; menorrhagia; abnormal uterine bleeding; symptomatic fibroids, chronic pelvic pain; myofascial pain; and more.

According to DDS, the claimant was able to stand and/or walk about 6 hours a day; sit for about 6 hours a day with normal breaks; occasionally lift and/or carry 20 pounds; frequently lift and/or carry 10 pounds; occasional overhead reaching; and avoid concentrated exposure to hazards.

DDS determined the claimant could perform these occupations:

• Page (radio & television) 353.367-022

• Clocker (amusement & recreation) 153.367-010

• Counter Clerk (photofinishing) 249.366-010 DDS did not give numbers for these jobs.

According to Job Browser Pro:[1]

Page (radio & television), DOT No. 353.367-022	0
Clocker (amusement & recreation), DOT No. 153.367-010	6
Counter Clerk (photofinishing), DOT No. 249.366-010	868

So, for 3 occupations, there are 874 jobs total. These numbers do not consider the number of jobs considered as full-time by the BLS (35-39 hours/week) that are not consistent with SSA’s concept of residual functional capacity (8 hours/day, 5 days/week or equivalent) or the jobs that require standing and/or walking more than 6 hours per day. Cf. SSR 96-8p, DOT, App. C.

More specifically, these limited numbers may be exaggerated. For example, the Counter Clerk (photofinishing) job is obsolete as described in the DOT (e.g., selling camera flashbulbs and flashcubes).

In short, the gross number of jobs for the occupations identified by DDS is not a significant number of jobs and even that minuscule number exaggerates the number of jobs realistically available to the claimant.

OK. We already suspected the vocational determinations from the state agencies were bogus. Now we can prove it. So what do we do about it? Stay tuned; we will have more information on this issue next month.

The DOT descriptions for these jobs follow:

• Page, DOT No. 353.367-022: Conducts visitors on tours of radio and television station facilities and explains duties of staff, operation of equipment, and methods of broadcasting. Utilizing general knowledge of various phases of radio and television station operations. Runs errands within studio. May relieve telephone switchboard operator. May perform general clerical duties such as taking messages, filing, and typing.
• Clocker (amusement & recreation), DOT No. 153.367-010: Clocks (times) racehorses at racetrack during morning workouts to obtain speed information: Identifies each horse on track by its particular identifying marks and color, and records name. Observes horse during workout and assigns speed rating according to effort extended by horse and rider, distance run, and time required as measured by stopwatch. Records information and submits it to track management.
• Counter Clerk (photofinishing), DOT No. 249.366-010: Receives film for processing, loads film into equipment that automatically processes film for subsequent photo printing, and collects payment from customers of photofinishing establishment: Answers customer’s questions regarding prices and services. Receives film to be processed from customer and enters identification data and printing instructions on service log and customer order envelope. Loads film into equipment that automatically processes film, and routes processed film for subsequent photo printing. Files processed film and photographic prints according to customer’s name. Locates processed film and prints for customer. Totals charges, using cash register, collects payment, and returns prints and processed film to customer. Sells photo supplies, such as film, batteries, and flashcubes.

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[1] Job Browser Pro numbers are not definitive. We use these numbers as a matter of convenience. Cf. EM-21065 REV (eff. 12/5/2023).