Claimant can't work as Telemarketer

Claimant cannot work as a telemarketer

DOT 299 357 014

Claimant cannot retain what she reads. Claimant has difficulty calculating counting out money and has less than satisfactory arithmetic skills.

She has worked in less than substantial gainful activity in the job of telemarketer, working only part time and five to six years ago. The industry has changed since then and she is essentially untrained in this high paced, fast moving occupation. Indeed, the “Do Not Call” list requirements mandates that she learn many new skills whereby she would have to learn this job in 100% of its requirements.

I hereby provide this Court with the latest data from the US Department of Labor on telemarketers to demonstrate that claimant cannot perform this occupation:

41-9041.00 - Telemarketers

Solicit orders for goods or services over the telephone.

Sample of reported job titles: Telemarketer, Telephone Sales Representative (TSR), Telesales Representative, Telephone Service Representative (TSR), Telemarketing Sales Representative, Telesales Specialist

Tasks Save Table (XLS/CSV)

Importance	Category	Task
91	Core	Deliver prepared sales talks, reading from scripts that describe products or services, in order to persuade potential customers to purchase a product or service or to make a donation.
91	Core	Contact businesses or private individuals by telephone in order to solicit sales for goods or services, or to request donations for charitable causes.
91	Core	Explain products or services and prices, and answer questions from customers.
90	Core	Obtain customer information such as name, address, and payment method, and enter orders into computers.
84	Core	Record names, addresses, purchases, and reactions of prospects contacted.
78	Core	Adjust sales scripts to better target the needs and interests of specific individuals.
78	Supplemental	Obtain names and telephone numbers of potential customers from sources such as telephone directories, magazine reply cards, and lists purchased from other organizations.
77	Supplemental	Answer telephone calls from potential customers who have been solicited through advertisements.
76	Supplemental	Telephone or write letters to respond to correspondence from customers or to follow up initial sales contacts.
73	Supplemental	Maintain records of contacts, accounts, and orders.
69	Supplemental	Schedule appointments for sales representatives to meet with prospective customers or for customers to attend sales presentations.
64	Supplemental	Conduct client or market surveys in order to obtain information about potential customers.

Knowledge Save Table (XLS/CSV)

Importance	Knowledge
80	Sales and Marketing — Knowledge of principles and methods for showing, promoting, and selling products or services. This includes marketing strategy and tactics, product demonstration, sales techniques, and sales control systems.
64	English Language — Knowledge of the structure and content of the English language including the meaning and spelling of words, rules of composition, and grammar.
54	Customer and Personal Service — Knowledge of principles and processes for providing customer and personal services. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction.
50	Telecommunications — Knowledge of transmission, broadcasting, switching, control, and operation of telecommunications systems.

Furthermore, she thus did not gain enough skill to go back to that occupation as apparently it was only part time.

At the hearing, the VE testified that based on the ALJ’s hypothetical question that claimant could perform the job of telemarketer. From my notes the hypo was as follows:

Avoid duty gas fumes, gas pulmonary. No driving, avoid vibrations, Claimant has difficulty calculating counting out money and has less than satisfactory arithmetic skills.

As can be seen from a review of the outdated DOT, upon which the VE relied, claimant lacks the mental skills to perform this occupation:

299.357-014 TELEPHONE SOLICITOR

SKILLS/COMPETENCIES:

Addresses customers' issues and concerns

Communicates effectively with customers from a variety of ethnic, social and educational histories

Confident in own abilities

Discovers and meets customer's underlying needs

Establishes credibility

Follows up customer contacts and complaints

Gets information from many sources

Has and uses networks of contacts

Has relevant technical or product knowledge

Helps customers resolve merchandising problems and needs

Interprets and communicates information

Makes extra efforts to meet customer needs

Optimistic style

Organizes and maintains information

Participates as a member of a team

Predicts effects of own words and actions

Understands others attitudes and meanings

Uses rules of thumb

Uses time efficiently

Willing to perform any job assigned

299.357-014 TELEPHONE SOLICITOR

STRENGTH: Sedentary

Exert force to 10 lbs. occasionally, or a negligible amount of force frequently to lift, carry, push, pull, or move objects.

OTHER PHYSICAL DEMANDS:

CL - Climbing - Not Present

BA - Balancing - Not Present

ST - Stooping - Not Present

KN - Kneeling - Not Present

CR - Crouching - Not Present

CW - Crawling - Not Present

RE - Reaching - Occasional

HA - Handling - Occasional

FI - Fingering - Frequent

FE - Feeling - Not Present

TA - Talking - Frequent

HE - Hearing - Frequent

TS - Tasting/Smelling - Not Present

The occupation requires arithmetic skills to an average level. Claimant, as the hypo states, has unsatisfactory arithmetic skills:

299.357-014 TELEPHONE SOLICITOR

APTITUDES Percentile TYPICAL PERFORMANCE

General Learning Ability G-3 34 to 65 Average

Verbal V-3 34 to 65 Average

Numerical N-3 34 to 65 Average

Spatial Perception S-4 10 to 33 Below Average

Form Perception P-4 10 to 33 Below Average

Clerical Perception Q-3 34 to 65 Average

Motor Coordination K-4 10 to 33 Below Average

Finger Dexterity F-4 10 to 33 Below Average

Manual Dexterity M-4 10 to 33 Below Average

Eye/Hand/Foot Coordination E-5 Under 10 Minimal or none

Color Discrimination C-5 Under 10 Minimal or none

DATA SOURCES: Characteristics of Occupations, 1992 and Revised Handbook for Analyzing Jobs, 1991 by the U.S. Department of Labor.

See also http://www.skilltran.com/rhaj/chapter9.htm

Respectfully,

Daniel A. Bernath

Daniel A. Bernath