TN 4 (11-24)

DI 29501.030 Administrative Law Judge Requests That a Consultative Examination Source, a Disability Determination Services Medical or Psychological Consultant, or Other DDS Personnel Member Testify at a Hearing

An administrative law judge (ALJ) may request testimony from a consultative examination (CE) source, a Disability Determinations Services (DDS) medical or psychological consultant, or other DDS personnel member.

A. Consultative examination source

While it should be done extremely rarely, because of the significant administrative and operational problems involved, an ALJ may request that the DDS contact a CE source to determine their willingness to appear and testify at a hearing. If questions about a CE cannot be resolved through alternative means, such as through information contained in the CE report or other evidence in the record, by obtaining additional documentary evidence, or by written interrogatory, the ALJ may need to have a CE source appear at a hearing. The Office of Hearings Operations (OHO) pays an agreed upon compensation for the source’s testimony.

The DDS takes the following actions:

  • Contact the CE source in writing, advising the source that the ALJ has requested their appearance and testimony concerning the examination of the claimant. The letter must include the claimant's name and date of the CE, and the date, time, place and manner of the hearing if known.

  • Ask the CE source to respond to the request in writing, indicating willingness or unwillingness to appear at the hearing.

  • Notify the ALJ of the results of the contact with the CE source.

NOTE: CE sources who will not appear voluntarily (i.e., as requested by an ALJ) may be subpoenaed to appear under the same standard applicable to any witness. OHO will attempt to obtain testimony from these individuals via audio, agency video, or online video. For definitions of audio, agency video, and online video appearances, see the Hearings, Appeals and Litigation Law Manual (HALLEX) I-2-0-15.

B. DDS medical or psychological consultant or other DDS personnel member

 

An ALJ does not ordinarily ask a DDS medical or psychological consultant or other DDS personnel member to testify at a hearing because of the significant administrative and operational problems involved. In extremely rare cases where the ALJ concludes that it is necessary for a DDS medical or psychological consultant or other DDS personnel to appear at a hearing, the ALJ sends a memorandum addressed to the Assistant Regional Commissioner – Management and Operations Support (ARC-MOS) and sends it to the Hearing Office Chief Administrative Law Judge (HOCALJ). If the HOCALJ agrees with the request, they will forward the memorandum to the Regional Chief Administrative Law Judge (RCALJ). If the RCALJ agrees with the request, they will forward it to the ARC-MOS.

Bring any problems related to the request to the ALJ's attention (e.g., the DDS medical or psychological consultant is a part-time consultant and will not be available at the scheduled time and place). The ALJ must allow at least 15 calendar days for clearance through the ARC-MOS to the DDS. The ALJ has the authority to issue a subpoena for a DDS medical or psychological consultant or other DDS personnel member.

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To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0429501030
DI 29501.030 - Administrative Law Judge Requests That a Consultative Examination Source, a Disability Determination Services Medical or Psychological Consultant, or Other DDS Personnel Member Testify at a Hearing - 11/22/2024
Batch run: 11/22/2024
Rev:11/22/2024