Coming Back?

      Mark Miller writes for the New York Times about the challenges that a new occupational information database presents for the Social Security disability programs. He’s not sure what’s going to happen but feels something is coming sooner or later. I agree with him on this. Ominously, he expects that now supposedly withdrawn revisions to the agency’s regulations that would make it dramatically more difficult for older people to be approved for disability benefits will come back at some point. I strongly doubt that such a thing will ever be politically feasible; maybe if Republicans win an overwhelming victory at the polls next year but that’s unlikely.

Let’s End Junk Science At Social Security

      David Weaver, a former Social Security official, has written a piece for LinkedIn echoing something I had written about recently, the need for Social Security to start using the updated occupational data it has collected in making disability determinations. I thought that Social Security had not released the data. Weaver says they have released the actual data.  They just haven’t released a front end for the data, making it useless as is. However, Weaver says that third party vendors have developed front ends making the data usable. Social Security may want to suppress this data but I don’t think this will be possible. The Courts don’t like “junk science.” Is there any “science” more junky than the Dictionary of Occupational Titles?

No Timeline For New Occupational Data

     From NEXTGOV/FCW:

A long-planned refresh of the occupational data used in the disability adjudication process at the Social Security Administration was tucked inside a regulatory overhaul that the Trump administration abandoned last week. 

As a result, the agency now appears to be without a timeline for finalizing that years-in-the-making update, which SSA has already spent hundreds of millions of dollars on, according to remarks made by the Social Security commissioner, Frank Bisignano, during a Monday meeting. …

The commissioner was asked multiple times about the future of the data project now that the regulatory changes have been abandoned. 

Bisignano acknowledged that lawmakers think the data needs to be updated, committed to looking into the issue and said that he hoped it could be updated in the future — emphasizing collaboration and consensus building as important for that process — but he didn't share any specific plan or timeline for doing so.  …

From The ISRP On The Future Of Occupational Data And Disability Adjudication

     From the newsletter of the International Association of Rehabilitation Professionals:

… Dr. Michelle Aliff and Ryann Hill recently met with SSA leadership including Jay Ortis (Acting Deputy Commissioner for Disability Adjudication) and Acting Chief ALJ to discuss efforts to improve disability determinations. 

• DDS Delays: SSA acknowledged long wait times and is exploring tech-based solutions to streamline case processing and flag idle cases. 
• Vocational Experts (VEs): SSA reaffirmed the essential role of VEs at the hearing level and emphasized that human adjudicators will continue to make final decisions.
• Occupational Data: Concerns were raised about the limitations of the Occupational Requirements Survey (ORS), including its lack of data on issues like cane use, absenteeism, and full-time work. SSA agreed ORS should not be the sole occupational data source. 
• ALJ Expectations & DOT: Some ALJs still expect VE testimony to align with the outdated DOT. SSA recognized the need to resolve this inconsistency as part of modernization efforts.

SSA Modernization Efforts: What’s on the Horizon for VEs?

SSA is revisiting proposed regulations that threatens utilization of vocational experts (VEs) by replacing the DOT with ORS data and relying on internal software (VIT) to determine job availability and potentially allowing ALJ’s to input RFCs without expert input. These changes, originally drafted but never released under the prior administration, may soon be issued as a Notice of Proposed Rulemaking. If the NPRM is issued, a public comment period will follow. This will be a critical opportunity to advocate for the continued role of vocational experts and ensure that decision-making remains grounded in expert analysis and not just algorithms. …

What If?

     It's unlikely to happen but let's say that just before Inauguration Day, the Social Security Administration finally releases its new occupational information system and let's say it shows no unskilled, sedentary jobs. People would reasonably ask why it wasn't released earlier but, still, this would be a nice bomb for the Biden Administration to leave behind for a new Commissioner.

    As I say, it's unlikely to happen but a guy can have dreams.

New Ruling Allows Use Of Vocational Information Sources Other Than DOT

     From Social Security Ruling 24-3p.; Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in Disability Determinations and Decisions, due to appear in the Federal Register tomorrow:

... VSs [Vocational Specialists, used at DDS] and VEs [Vocational Experts, used at OHO] may provide evidence based on their professional experience and any reliable source of occupational information that is commonly used in the vocational profession and relevant under our rules. VSs and VEs are in the best position to determine the most appropriate sources of data to support the evidence they offer. We expect VSs and VEs to identify the sources of the data they use and, where applicable, to explain their general approach to estimating job numbers. If the VS or VE uses a data source that defines exertion, education, or skill levels differently than our regulations, we expect the VS or VE to explain the difference. ...

Some sources of occupational data use definitions of exertion level, skill level, and education level that align closely with our program rules. The DOT is such a source. If a VS or VE uses a source that defines exertion, skill, or education level differently than our program rules, we expect the VS or VE to acknowledge the difference and explain whether or how they have accounted for the difference. ...

    You can start to see a new occupational information system coming. They're trying to avoid the necessity of changing their regulations. Also, they want to phase it in and they want to have it both ways -- use either the old or the new to deny claims with claimants unable to demand consistency.

Will We Ever See A New Occupational Information System?

     It may give no answers relevant to Social Security disability determination but this recent release from the Bureau of Labor Statistics is interesting. It looks like they could tell us whether there are sedentary unskilled jobs if they wanted to. Why not? Why can't we get a completely new Occupational Information System? No one is satisfied with what we have now.

     At what point is the continued use of the ancient Dictionary of Occupational Titles (DOT) litigated? The only thing restraining Social Security attorneys from litigating has been the fear of what might replace the DOT. 

John Oliver Segment Segment On Social Security Budget; Also "Tackling That Outdated Occupations List"

     A couple of tweets from the Commissioner of Social Security (emphasis added):

Martin O'Malley

@OMalleySSA

·

I want to thank @iamjohnoliver @LastWeekTonight for calling out the crucial need for more staffing + funding @SocialSecurity

 

Martin O'Malley

@OMalleySSA

·

In the 9 months I've been serving, @SocialSecurity has made good progress to improve our disability programs but - as you noted - we need more Congressional support and partnership. By the way, we're tackling that outdated occupations list.

    Did anyone catch that John Oliver segment?

A Little Help Please

     I received this from the Bureau of Labor Statistics. I can't quite interpret it but it certainly seems to be relevant to Social Security. The downloads don't seem to have any data but that data must be somewhere. I'll confess that spreadsheets often mystify me. Maybe that's the problem.

Bureau of Labor Statistics

 

The ORS program released 2023 estimates on August 15, 2024, that complement those published February 8, 2024. These estimates include: Additional strength and specific vocational preparation (SVP) estimates in the ORS complete dataset and database tools. Special release dataset combining SVP 1&2 with minimum education and work hours published in XLSX format. Special release dataset aggregating previously published job requirements in XLSX format.

A Busy Saturday For Social Security

      It was a busy Saturday for Social Security. Yes, a busy Saturday!

     First, Social Security has added significantly more data to the online reports available to attorneys representing claimants at the initial and reconsideration levels. I have not tried it yet but early reports I have heard indicate that it’s a work in progress. Still, this holds out the prospect of two advantages. It gives attorneys easier access to information on the status of their clients’ cases. It cuts down on the number of calls to Social Security asking about case status.

     Second, Social Security issued two Emergency Messages on which jobs can be considered as alternative work a claimant can perform if he or she is unable to perform their past relevant work. In the more important of the Emergency Messages there is a list of jobs that cannot be considered absent “additional evidence” from a Vocational Expert:

DOT Code	DOT Occupational Title	DOT Industry Designation
209.587-010	Addresser	clerical
249.587-018	Document Preparer, Microfilming	business services
249.587-014	Cutter-and-Paster, Press Clippings	business services
239.687-014	Tube Operator	clerical
318.687-018	Silver Wrapper	hotel and restaurant
349.667-010	Host/Hostess, Dance Hall	amusement and recreation
349.667-014	Host/Hostess, Head	amusement and recreation
379.367-010	Surveillance-System Monitor	government services
521.687-010	Almond Blancher, Hand	canning and preserving
521-687-086	Nut Sorter	canning and preserving
726.685-010	Magnetic-Tape Winder	recording
782.687-030	Puller-Through	glove and mitten
976.385-010	Microfilm Processor	business services

     In another Emergency Messages there’s this list of jobs that can no longer be considered at all:

DOT Code	DOT Occupational Title	DOT Industry Designation(s)
013.061-010	AGRICULTURAL ENGINEER	professional and kindred occupations
013.061-014	AGRICULTURAL-RESEARCH ENGINEER	professional and kindred occupations
013.061-018	DESIGN-ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
013.061-022	TEST ENGINEER, AGRICULTURAL EQUIPMENT	professional and kindred occupations
021.067-010	ASTRONOMER	professional and kindred occupations
029.067-010	GEOGRAPHER	professional and kindred occupations
029.067-014	GEOGRAPHER, PHYSICAL	professional and kindred occupations
045.061-014	PSYCHOLOGIST, ENGINEERING	professional and kindred occupations
045.107-030	PSYCHOLOGIST, INDUSTRIAL-ORGANIZATIONAL	professional and kindred occupations
052.067-014	DIRECTOR, STATE-HISTORICAL SOCIETY	professional and kindred occupations
052.067-018	GENEALOGIST	professional and kindred occupations
052.067-022	HISTORIAN	professional and kindred occupations
052.067-026	HISTORIAN, DRAMATIC ARTS	professional and kindred occupations
052.167-010	DIRECTOR, RESEARCH	motion picture; radio and television broadcasting
072.101-018	ORAL AND MAXILLOFACIAL SURGEON	medical services
072.101-034	PROSTHODONTIST	medical services
193.162-022	AIRLINE-RADIO OPERATOR, CHIEF	air transportation; business services
193.262-010	AIRLINE-RADIO OPERATOR	air transportation; business services
193.262-014	DISPATCHER	government services
193.262-022	RADIO OFFICER	water transportation
193.262-026	RADIO STATION OPERATOR	aircraft manufacturing
193.262-030	RADIOTELEGRAPH OPERATOR	telephone and telegraph
193.262-034	RADIOTELEPHONE OPERATOR	any industry
193.362-010	PHOTORADIO OPERATOR	printing and publishing; telephone and telegraph
193.362-014	RADIO-INTELLIGENCE OPERATOR	government services
193.382-010	ELECTRONIC INTELLIGENCE OPERATIONS SPECIALIST	military services
203.562-010	WIRE-TRANSFER CLERK	financial institutions
235.462-010	CENTRAL-OFFICE OPERATOR	telephone and telegraph
235.562-010	CLERK, ROUTE	telephone and telegraph
235.662-018	DIRECTORY-ASSISTANCE OPERATOR	telephone and telegraph
236.562-010	TELEGRAPHER	railroad transportation
236.562-014	TELEGRAPHER AGENT	railroad transportation
237.367-034	PAY-STATION ATTENDANT	telephone and telegraph
239.382-010	WIRE-PHOTO OPERATOR, NEWS	printing and publishing
297.667-014	MODEL	garment; retail trade; wholesale trade
299.647-010	IMPERSONATOR, CHARACTER	any industry
305.281-010	COOK	domestic service
338.371-010	EMBALMER APPRENTICE	personal service
338.371-014	EMBALMER	personal service
379.384-010	SCUBA DIVER	any industry
410.161-010	ANIMAL BREEDER	agriculture and agricultural service
410.161-014	FUR FARMER	agriculture and agricultural service
410.161-018	LIVESTOCK RANCHER	agriculture and agricultural service
410.161-022	HOG-CONFINEMENT-SYSTEM MANAGER	agriculture and agricultural service
411.161-010	CANARY BREEDER	agriculture and agricultural service
411.161-014	POULTRY BREEDER	agriculture and agricultural service
413.161-014	REPTILE FARMER	agriculture and agricultural service
452.167-010	FIRE WARDEN	forestry
452.367-010	FIRE LOOKOUT	forestry
452.367-014	FIRE RANGER	forestry
455.367-010	LOG GRADER	logging; sawmill and planing mill
455.487-010	LOG SCALER	logging; millwork, veneer, plywood, and structural wood members; paper and pulp; sawmill and planing mill
519.684-010	LADLE LINER	foundry; smelting and refining
519.684-022	STOPPER MAKER	blast furnace, steel work, and rolling and finishing mill
579.664-010	CLAY-STRUCTURE BUILDER AND SERVICER	glass manufacturing
661.281-010	LOFT WORKER	ship and boat manufacturing and repairing
661.281-018	PATTERNMAKER APPRENTICE, WOOD	foundry
661.281-022	PATTERNMAKER, WOOD	foundry
661.380-010	MODEL MAKER, WOOD	any industry
690.682-078	STITCHER, SPECIAL MACHINE	boot and shoe
690.682-082	STITCHER, STANDARD MACHINE	boot and shoe
690.685-494	STITCHER, TAPE-CONTROLLED MACHINE	boot and shoe
693.261-018	MODEL MAKER	aircraft-aerospace manufacturing
714.281-010	AIRCRAFT-PHOTOGRAPHIC-EQUIPMENT MECHANIC	photographic apparatus and materials
714.281-014	CAMERA REPAIRER	photographic apparatus and materials
714.281-018	MACHINIST, MOTION-PICTURE EQUIPMENT	motion picture; photographic apparatus and materials
714.281-022	PHOTOGRAPHIC EQUIPMENT TECHNICIAN	photographic apparatus and materials
714.281-026	PHOTOGRAPHIC-EQUIPMENT-MAINTENANCE TECHNICIAN	photographic apparatus and materials
714.281-030	SERVICE TECHNICIAN, COMPUTERIZED-PHOTOFINISHING EQUIPMENT	photofinishing
715.281-010	WATCH REPAIRER	clocks watches, and allied products
715.281-014	WATCH REPAIRER APPRENTICE	clocks, watches, and allied products
715.381-010	ASSEMBLER	clocks, watches, and allied products
715.381-014	ASSEMBLER, WATCH TRAIN	clocks, watches, and allied products
715.381-018	BANKING PIN ADJUSTER	clocks watches, and allied products
715.381-022	BARREL ASSEMBLER	clocks, watches, and allied products
715.381-026	BARREL-BRIDGE ASSEMBLER	clocks, watches, and allied products
715.381-030	BARREL-ENDSHAKE ADJUSTER	clocks, watches, and allied products
715.381-038	CHRONOMETER ASSEMBLER AND ADJUSTER	clocks, watches, and allied products
715.381-042	CHRONOMETER-BALANCE-AND-HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-054	HAIRSPRING ASSEMBLER	clocks, watches, and allied products
715.381-062	HAIRSPRING VIBRATOR	clocks, watches, and allied products
715.381-082	PALLET-STONE INSERTER	clocks, watches, and allied products
715.381-086	PALLET-STONE POSITIONER	clocks, watches, and allied products
715.381-094	WATCH ASSEMBLER	clocks, watches, and allied products
715.584-014	REPAIRER, AUTO CLOCKS	clocks, watches, and allied products
715.681-010	TIMING ADJUSTER	clocks, watches, and allied products
761.381-014	JIG BUILDER	wooden container
788.684-114	THREAD LASTER	boot and shoe
826.261-010	FIELD-SERVICE ENGINEER	photographic apparatus and materials
841.381-010	PAPERHANGER	construction
841.684-010	BILLPOSTER	business services
849.484-010	BOILER RELINER, PLASTIC BLOCK	foundry
850.663-010	DREDGE OPERATOR	construction; coal, metal, and nonmetal mining and quarrying
861.381-046	TERRAZZO WORKER	construction
861.381-050	TERRAZZO-WORKER APPRENTICE	construction
861.664-014	TERRAZZO FINISHER	construction
899.261-010	DIVER	any industry
899.684-010	BONDACTOR-MACHINE OPERATOR	foundry
910.362-010	TOWER OPERATOR	railroad transportation
910.363-018	YARD ENGINEER	railroad transportation
910.382-010	CAR-RETARDER OPERATOR	railroad transportation
910.583-010	LABORER, CAR BARN	railroad transportation
910.683-010	HOSTLER	railroad transportation
910.683-022	TRANSFER-TABLE OPERATOR	railroad equipment building and repairing; railroad transportation
911.663-010	MOTORBOAT OPERATOR	any industry
919.663-014	DINKEY OPERATOR	any industry
919.683-010	DOCK HAND	air transportation
919.683-026	TRACKMOBILE OPERATOR	any industry
930.683-026	ROOF BOLTER	coal, metal, and nonmetal mining and quarrying
952.362-022	POWER-REACTOR OPERATOR	utilities
960.362-010	MOTION-PICTURE PROJECTIONIST	amusement and recreation; motion picture
960.382-010	AUDIOVISUAL TECHNICIAN	any industry
961.367-010	MODEL, PHOTOGRAPHERS'	any industry
961.667-010	MODEL, ARTISTS'	any industry

     I’m not completely sure about this second list. There aren’t terrazzo finishers or artist’s models anymore? I don’t see being an artist model as a career, however. Aren’t there still embalmers these days?  None of this matters except in rare cases, however.