I-2-5-45.Action When Administrative Law Judge (ALJ) Receives New Evidence After a Medical Expert (ME) Has Provided an Opinion
Last Update: 8/29/14 (Transmittal I-2-118)
When an ALJ receives new evidence after an ME has provided testimony or responded to interrogatories, the ALJ may ask the ME to review the new evidence to determine if it affects the ME's testimony or response. The ALJ will use the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-5-40 to determine whether to obtain additional comments via interrogatories or testimony at a supplemental hearing. If interrogatories are used, the ALJ will follow the procedures in HALLEX I-2-5-42. If a supplemental hearing is necessary, the ALJ will follow the procedures in HALLEX I-2-5-38.
If the ME who provided an opinion for the initial hearing is no longer available to review the new evidence, the ALJ will obtain the services of another ME following the instructions in HALLEX I-2-5-36.