I-2-5-60.Action When ALJ Receives New Evidence After a Vocational Expert Has Provided an Opinion

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

When an ALJ receives new evidence after a VE has provided testimony or responded to interrogatories, the ALJ may decide to request the VE to review the new evidence to determine if it affects the VE's testimony or response. If an ALJ so decides, the ALJ must determine whether to receive the additional comments from the VE via interrogatories or in testimony at a supplemental hearing. (See I-2-5-30, Medical or Vocational Expert Opinion — General.) The factors in I-2-5-56.C. that guide the ALJ's initial decision regarding how to obtain VE opinion after the hearing should also guide the ALJ's decision on how to obtain VE opinion in response to new evidence.

If the ALJ decides to forward the new evidence to the VE for review through interrogatories, he or she will use the procedures in I-2-5-57.D.2., Subsequent Transmission of Interrogatories to a VE.

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 VE at the supplemental hearing, using the procedures set forth in I-2-5-54, Obtaining Vocational Expert Testimony.

NOTE:

If the VE 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 VE, following the procedures set forth in I-2-5-52, Selecting a Vocational Expert.