I-2-5-60.Action When Administrative Law Judge Receives New Evidence After a Vocational Expert Has Provided Testimony
Last Update: 1/21/20 (Transmittal I-2-232)
When an administrative law judge (ALJ) receives new evidence after a vocational expert (VE) has provided testimony or responded to interrogatories, the ALJ may ask the VE to review the new evidence to determine if it affects the VE's testimony or response. The ALJ will use the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-5-56 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-2-5-57. If a supplemental hearing is necessary, Office of Hearings Operations (OHO) management, through designated staff, will follow the procedures in HALLEX I-2-5-54.
If the VE who provided testimony either at a hearing or in written response to interrogatories is no longer available to review the new evidence, OHO management, through designated staff, will obtain the services of another VE following the instructions in HALLEX I-2-5-52.