Last Update: 1/21/2020 (Transmittal I-2-232)
HA 01250.040 Obtaining Medical Expert Opinion After the Hearing
Renumbered from HALLEX section I-2-5-40
An administrative law judge (ALJ) may determine medical expert
(ME) evidence is needed during or after a hearing. For example, evidence
produced during the hearing may suggest the claimant's impairment(s)
medically equal a listing.
When an ME opinion is needed after the hearing has been held, the
ALJ will determine whether the opinion will be obtained in a supplemental
hearing or in written interrogatories. In deciding how to obtain the
opinion, the ALJ must carefully balance administrative efficiency
with the claimant's rights with respect to post-hearing evidence. See
Hearings, Appeals and Litigation Law manual HA 01250.030. The ALJ may consider:
•
Whether and when an ME would be available to testify at
a supplemental hearing;
•
The feasibility of scheduling a hearing at a remote
hearing site; and
•
The potential for delays if a supplemental hearing is
scheduled.
If the ALJ determines a supplemental hearing is needed, the ME
will generally appear by audio, agency video, or online video.
Regardless of the method used to obtain an
ME opinion, or whether the claimant is represented, the ALJ must question
the ME in lay terms and elicit responses in terms that the claimant can
understand (to the extent possible).