2022 Supreme(US)(ca7) 17
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Per Curiam
Randall Ruenger – Appellant
Versus
Kilolo Kijakazi – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 20-2598 RANDALL RUENGER, Plaintiff-Appellant, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee. ____________________
Appeal from the United States District Court for the Eastern District of Wisconsin. No. 19-CV-1160 — Nancy Joseph, Magistrate Judge. ____________________
ARGUED NOVEMBER 16, 2021 — DECIDED JANUARY 14, 2022 ____________________
Before BRENNAN, SCUDDER, and JACKSON-AKIWUMI, Circuit
Judges.
PER CURIAM. When a person applies for disability benefits,
the Social Security Administration evaluates whether signifi-
cant numbers of jobs exist in the national economy for some-
one with that person’s limitations. Administrative law judges
often rely on vocational experts to estimate these job numbers.
But ALJs cannot afford complete discretion to vocational
2 No. 20-2598 experts. Instead, when a claimant challenges a vocational ex-
pert’s job-number estimate, the ALJ must inquire whether the
methodology used by the expert is reliable. In this case, the
vocational expert enlisted by the agency to estimate the num-
ber of jobs suitable for Randall Ruenger omitted crucial de-
tails about her methodology, such as the source of her job
numbers and the reason she used the equal distribution
method. But the ALJ nevertheless relied on the expert’s testi-
mony. Because substantial evidence does not support the
ALJ’s decision, we vacate and remand for further proceed-
ings.
I
Randall Ruenger applied for benefits in 2015, alleging that
he had limited use of his left arm and mental impairments in-
cluding anxiety and depression. He eventually received a
hearing before an ALJ in 2018. Applying the five-step inquiry
found in 20 C.F.R. § 416.920, the ALJ determined that Ruenger
had not worked within the claim period (step one); that his
mental and physical impairments were severe (step two) but
did not presumptively establish a disability (step three); and
that he had the capacity to perform light work with certain
physical and social limitations (step four). At the fifth and fi-
nal step of the inquiry, the ALJ determined—based on a voca-
tional expert’s testimony—that Ruenger could still perform
jobs that exist nationwide in significant numbers. Accord-
ingly, the ALJ denied Ruenger’s application.
Some context about step five is necessary. At this step, the
agency bears the burden of demonstrating that there are sig-
nificant numbers of jobs in the national economy for someone
with the claimant’s abilities and limitations.
See 20 C.F.R. § 416.960(c)(2). Because estimating job numbers
No. 20-2598 3 is no easy feat, ALJs commonly rely on the testimony of voca-
tional experts—professionals with experience in job place-
ment and knowledge of working conditions. See Biestek v. Ber-
ryhill,