I-2-5-38.Obtaining Medical Expert Testimony

Last Update: 9/28/05 (Transmittal I-2-68)

A. Completion of Notice of Hearing to Medical Expert

The HO staff will contact the ME and schedule them for hearings as necessary. The notification letter is produced when the Notice of Hearing is generated. To request an ME to testify at a hearing, the ALJ or HO staff will complete the notice in DGS at the same time the Notice of Hearing is generated for the claimant. Under the “Hearing Information” tab, select either “Medical Expert” or “VE & ME” depending on what type of expert testimony needed, and the ME's notice will be generated automatically. The HO staff must modify the form as necessary to adapt it to the specific case and include:

  • all identifying information

  • the issues to be considered and

  • the name and telephone number of an HO staff person the ME may contact if he or she has any questions or problems.

B. Distribution of Notice of Hearing to Medical Expert

Distribute the Notice of Hearing to the Medical expert as follows:

  • Send the original to the ME, along with any necessary enclosures (See I-2-5-38 C., below.)

  • Send copies to the claimant and the representative.

  • Place a copy in the CF.

  • Place a copy in the HO file.

C. Providing the ME with Relevant Evidence

The ALJ must provide the ME with relevant evidence that will assist the ME in providing the opinion. This evidence must include:

  1. photocopies of the medical evidence from the F section of the modular file and also such evidence as designated by the ALJ from the E section of the modular file arranged in chronological order and which have been identified as exhibits by exhibit number and page of the exhibit;

  2. a copy of the ME's professional qualifications for verification;

    NOTE:

    Do not include the professional qualifications of other sources.

  3. a list of the proposed exhibits from the E and F section of the modular file being provided to the ME using Form HA-540 — Exhibits List (to access Form HA-540 go to DGS, click on the “Exhibit” tab; then click on “Exhibit List” tab);

  4. copies of all prior correspondence between the ALJ and the ME, if any;

  5. a transcript or summary of any medical testimony provided in a prior hearing on the same case; and

  6. a copy of pertinent parts of the ME orientation package if there is no BPA with the ME.