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