Larkin v. Berryhill
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 17 Report and Recommendations. (TG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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JACQUELINE R. LARKIN,
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Plaintiff,
v.
CASE NO. C17-1689 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
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Defendant.
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This matter comes before the Court on the Report and Recommendation (“R&R”)
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of the Honorable James P. Donohue, United States Magistrate Judge (Dkt. 17), Plaintiff
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Jacqueline Larkin’s (“Larkin”) objections to the R&R (Dkt. 18), and Larkin’s motion for
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leave to file an overlength brief (Dkt. 21).
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On June 22, 2018, Judge Donahue issued the R&R recommending that the Court
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affirm the Administrative Law Judge’s (“ALJ”) denial of benefits. Dkt. 17. On July 2,
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2018, Larkin filed objections. Dkt. 18. On July 13, 2018, the Government responded
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and noted that Larkin’s objections exceeded the twelve-page limit. Dkt. 20 at 1 n.1. On
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July 13, 2018, Larkin filed a motion for leave to file an overlength brief requesting that
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the Court accept her overlength objections. Dkt. 20. 1
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The Court grants the motion even though the objections needlessly include much of Larkin’s
opening brief.
ORDER - 1
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The district judge must determine de novo any part of the magistrate judge’s
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disposition that has been properly objected to. The district judge may accept, reject, or
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modify the recommended disposition; receive further evidence; or return the matter to the
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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Larkin objects to the R&R’s recommendations regarding development
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of the record and the ALJ’s rejection of medical testimony. First, Judge Donahue
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concludes that the ALJ did not err in developing the record because Larkin failed to show
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that any of the missing records would support the rejected medical opinions. Dkt. 17 at
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9–11. Larkin objects to this conclusion and continues to argue that the ALJ has the duty
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to fully develop the record despite Larkin being represented by counsel and regardless of
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the relevance of any missing records. Dkt. 18 at 12–18. Larkin, however, cites no law
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for her proposed expansive scope of the ALJ’s duty to develop the record. In light of
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Larkin’s lack of authority, the Court agrees with Judge Donahue that this argument is
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based on nothing more than Larkin’s counsel’s speculation. Dkt. 17 at 11. Therefore, the
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Court adopts the R&R on this issue.
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Second, Judge Donahue concludes that the ALJ did not err in rejecting medical
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evidence. Dkt. 17 at 11–16. Regarding the state agency consultants, Larkin fails to show
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that these consultants opined on any limitation that the ALJ rejected. Thus, the Court
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adopts Judge Donahue’s conclusion that the ALJ need not provide reasons for giving
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opinions partial weight if the ALJ incorporates all of the limitations from the medical
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opinion. Regarding Dr. Brenda Havellana, Larkin contends that the ALJ erred by
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rejecting this opinion because it was based on Larkin’s self-report. Dkt. 18 at 11. This,
ORDER - 2
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however, was only one of the reasons the ALJ gave the opinion little weight. AR 27.
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The ALJ also found that the medical findings were not consistent with an opinion of
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severe limitations and Dr. Havellana failed to provide any narrative information or
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explanations for Larkin’s severe limitations. Id. Judge Donahue relied on all three
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reasons to uphold the ALJ’s decision. Dkt. 17 at 13–14. The Court agrees with Judge
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Donahue that the ALJ provided sufficient reasons to reject Dr. Havellana’s opinion of
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severe limitations.
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Therefore, the Court having considered the R&R, Larkin’s objections, and the
remaining record, does hereby find and order as follows:
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(1)
Larkin’s motion for leave to file an overlength brief is GRANTED;
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(2)
The R&R is ADOPTED;
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(3)
The ALJ’s decision is AFFIRMED; and
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(4)
The Clerk shall enter a JUDGMENT and close the case.
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Dated this 28th day of August, 2018.
A
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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 3
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