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Office of Analytics, Review, and Oversight

Volume I

Transmittal No. I-2-251

Chapter: I-2-5

Subject: Obtaining Evidence


This transmittal updates section I-2-5-20 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to define a telehealth consultative examination (THCE) and describe the process for hearing office staff to contact the claimant about a THCE, document whether the claimant agrees to a THCE, and submit an assistance request (AR) to the Disability Determination Services (DDS). We also made minor updates for grammar, inclusive and conforming language, and regulatory hyperlinks throughout the HALLEX provision and updated outdated procedures in subsections A and E. We added clarifying and conforming language in subsections C and D.

Explanation of Content and Changes

In addition to the minor updates, this transmittal updates HALLEX I-2-5-20 as follows:

I-2-5-20 Background We added the definition of consultative examination (CE) and conforming language.
I-2-5-20 A We linked to the Standard Hearings Operations Procedure (SHOP) for requesting a CE, removed outdated procedures, and added conforming language.
I-2-5-20 C We included conforming language and added an example of when an ALJ could request DDS not use a particular medical source.
I-2-5-20 D We included conforming language.
I-2-5-20 E We included conforming language and updated signature requirements.
I-2-5-20 F We created a subsection on THCEs. In subsection F.1, we defined a THCE and the possible THCE types. In subsection F.2, we described the THCE business process, including the representational, age, and agreement requirements. Further, the subsection outlines the claimant contact procedures and AR requirements.

Date: March 28, 2024