Burmester v. Berryhill, No. 18-2106 (7th Cir. 2019)Annotate this Case
In 2010, Burmester applied for disability benefits alleging a 2008 onset of her disability. She described degenerative disc disease, pseudo-gout in her left knee, osteoarthritis in both knees and left thumb, a heart condition, and depression. Burmester’s education included one year of technical college; she worked as a hand-packager for many years. The application was denied. At a hearing, Burmester testified that her husband helped her out of bed, did the cooking, cleaning, and went grocery shopping and a friend helped with cleaning. Burmester was able to go to church; out to dinner once a month; use the computer to check her email and social media; and let her dog out. Following a remand, the ALJ again found that Burmester had the residual function capacity to perform light work, and was mentally limited to simple, routine, repetitive tasks requiring only simple work-related decisions and no more than occasional interaction with supervisors, coworkers, and the general public. Based on the testimony of a vocational expert, the ALJ found that Burmester could not continue her past relevant work but that a significant number of jobs existed in the national economy that Burmester could perform—such as router, price marker, or routing clerk. The district court and Seventh Circuit upheld the ALJ’s decision. The ALJ did not improperly evaluate Burmester’s credibility, nor erroneously reject the opinions of medical experts. The ALJ’s opinion that Burmester was not disabled was supported by substantial evidence.