Subject: Obtaining Evidence
It is OHA policy that medical evidence from treating sources or other sources of record usually suffices to document the record without the background medical test data (e.g., actual X-ray films or “raw” psychological test data such as answer sheets and drawings). In the rare event that the report or other evidence raises a question about the accuracy of the test results reported, the Administrative Law Judge (ALJ) may request that the source submit the background test data. We are revising HALLEX to clarify OHA policy concerning requests for background medical test data.
This transmittal adds section I-2-514 D., Background Medical Test Data, to state OHA's policy concerning requesting, interpreting and evaluating background medical test data. It revises section I-2-520 B. 2., to add a note which states that it should not be necessary to request background medical test data from consulting sources. It also revises section I-2-534 B., When the ALJ Must Obtain ME Opinion, to add a statement that the ALJ must use a medical expert to evaluate and interpret background medical test data.
Remove from Chapter I-2-500:
I-2-514 C. 1. cont., through I-2-520 B. cont., dated April 29, 1994 (4 pages).
I-2-534 When to Obtain Medical Expert Opinion, and I-2-534 B., dated April 29, 1994 (2 pages).
Insert in Chapter I-2-500:
I-2-514 C. 1. cont., through I-2-520 B. 1., dated June 29, 1994 5 pages).
I-2-534 When to Obtain Medical Expert Opinion, and I-2-534 B., dated June 29, 1994, 1994 (2 pages).
Date: June 29, 1994