If, in response to a proffer of evidence, a claimant requests
additional time to submit comments, the ALJ will use the procedures
in HALLEX HA
01270.020.
If the ALJ offered the opportunity for a supplemental hearing with
proffered evidence and the claimant requests a supplemental hearing, the
ALJ must grant the request unless the ALJ has already decided to issue
a fully favorable decision. The ALJ must grant the request even if the
opportunity for a supplemental hearing was offered by mistake. If the
claimant requests a supplemental hearing when the ALJ appropriately did
not offer the opportunity, the ALJ has discretion to determine whether
to grant the request. When the ALJ determines a supplemental hearing is
not necessary, they will respond to the claimant in writing and associate
the writing with the claim(s) file as an exhibit. (If it does not cause
unreasonable delay and is appropriate based on the circumstances, the
ALJ may address the issue in their decision rather than in a separate
writing).
If the claimant asks to question a medical or vocational
expert who has responded to interrogatories, the ALJ will use the
procedures in HALLEX HA
01250.044 or HA
01250.058, as applicable. If the claimant requests an opportunity
to question any other author(s) of posthearing evidence, the ALJ will
evaluate whether questioning the author is necessary to inquire fully
into the matters at issue. If it is necessary, the ALJ will determine
whether to conduct the questioning through live testimony or written
interrogatories. Generally, an ALJ will not use interrogatories when
there may be difficulty anticipating the questions that will arise.
If the ALJ asks the author to appear
for questioning and the author declines to appear voluntarily,
see HALLEX HA
01250.078.
If the ALJ requests information from
a Disability Determination Services (DDS) staff physician, consultative
examiner, or DDS or FO personnel, HO staff will use an “assistance
request.” For more information on other component responsibilities
on receipt of an assistance request, see generally Program Operations
Manual System DI
29501.