Van Dyke v. Commissioner Social Security Administration

Filing 31

ORDER: Adopting Judge Coffin's Findings and Recommendation 27 in full. Signed on 9/28/2016 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RACHEL R. VAN DYKE,
Plaintiff,
v.

Civ. No. 3:15-cv-0690-TC
ORDER

COMMISSIONER,
Social Security Administration,
Defendant.
_____________________________
MCSHANE, Judge:
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No.
27), and the matter is now before me. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the
file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is
correct.
1 –ORDER

Defendant objected to the Findings and Recommendation and sought a remand for
further administrative proceedings to determine the onset date. Their objection asserts that the
underlying Social Security Administrative “record was not fully developed” and there are
“outstanding issues to be resolved,” (Def.’s Br., ECF No. 29) this despite two prior hearings and
a detailed record comprising over 1630 pages with medical records beginning as far back as
November 7, 2003 to include, for an example, a Comprehensive Mental Health Assessment,
dated 8/18/2004. Tr. 852-854. Any remand for further proceeding would serve no useful
purpose as the record is fully developed.
Magistrate Judge Coffin’s Findings and Recommendation (ECF No. 27) is adopted in
full.
IT IS SO ORDERED.
DATED this 28th day of September, 2016.

_______/s/ Michael J. McShane________
Michael McShane
United States District Judge

2 –ORDER