Subject: Obtaining Evidence
This transmittal amends section I-2-5-24 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures regarding a claimant's failure to attend or refusal to undergo a consultative examination or test, consistent with recent regulatory changes to the submission of evidence rules.
HALLEX I-2-5-24 is amended as follows:
I-2-5-24 – We amended the title to “Claimant Does Not Attend or Refuses to Undergo a Consultative Examination or Test” to more accurately reflect the scope of the updated instruction. We removed all references to non-submission or refusal to submit evidence as this instruction was superseded by HALLEX I-2-5-13. We consolidated the information and removed all subsections. We reorganized the remaining information, added helpful references, and made editorial changes.
Date: October 9, 2016