I-2-5-45.Action When ALJ Receives New Evidence After a Medical Expert Has Provided an Opinion

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

When an ALJ receives new evidence after an ME has provided testimony or responded to interrogatories, the ALJ may decide to request the ME to review the new evidence to determine if it affects the ME's testimony or response. If an ALJ so decides, the ALJ must determine whether to receive the additional comments from the ME via interrogatories or in testimony at a supplemental hearing. (See I-2-5-30, Medical or Vocational Expert Opinion — General.) The factors in I-2-5-40 C. that guide the ALJ's initial decision regarding how to obtain ME opinion after the hearing should also guide the ALJ's decision on how to obtain ME opinion in response to new evidence.

If the ALJ decides to forward the new evidence to the ME for review through interrogatories, he or she will use the procedures in I-2-5-42 D.2., Subsequent Transmission of Interrogatories to an ME.

If the ALJ determines that a supplemental hearing is necessary, the ALJ will notify the claimant. The HO staff will arrange for the presence of the ME in person, by telephone, or be video teleconference at the supplemental hearing, using the procedures set forth in I-2-5-38, Obtaining Medical Expert Testimony.

NOTE:

If the ME who testified at the hearing or provided responses to written interrogatories is no longer available to either review the new evidence through interrogatories or appear at a supplemental hearing, the ALJ will obtain the services of a different ME, following the procedures set forth in I-2-5-36, Selecting a Medical Expert.