I-2-5-58.Action When Administrative Law Judge Receives Vocational Expert's Responses to Interrogatories
Last Update: 1/21/20 (Transmittal I-2-232)
A. Proffer a Copy of Response
When an administrative law judge (ALJ) receives a vocational expert's (VE) response to written interrogatories, the ALJ will proffer the response using the procedures in the Hearings, Appeals and Litigation Law (HALLEX) manual I-2-7-30. See also hearing office Standard Hearings Operations Procedure (SHOP) section 5.1.9.
If the VE's response is received post-hearing and the claimant waived the right to examine the evidence and appear at a supplemental hearing, see HALLEX I-2-7-35.
B. Respond to Objection or Other Request
An ALJ must rule on any objection or request by the claimant regarding the VE's response to the interrogatories. The ALJ may rule on an objection on the record during the hearing or in a writing that the ALJ exhibits and associates with the record. Even if the claimant or any appointed representative previously had the opportunity to do so, an ALJ must allow a claimant to propose additional interrogatories to the VE or request a supplemental hearing to question the VE.
The ALJ decision must also include the rationale for ruling against any objection.
If the claimant requests a supplemental hearing, the ALJ must grant the request, unless the ALJ receives additional documentary evidence that supports a fully favorable decision. Office of Hearings Operations (OHO) management, through designated staff, will consider the information in HALLEX I-2-5-56 and I-2-3-10B.2 when determining how the VE will appear at a supplemental hearing.
C. Exhibit Response and Any Correspondence
The ALJ must enter the response and any related correspondence into the record as exhibits. This includes all correspondence between the ALJ and the VE, admissible questions and responses, additional interrogatories and responses, and proffer documents. See HALLEX I-2-7-35.
An ALJ may not take administrative notice of a VE's interrogatory response given in connection with one particular case in any subsequent case.