TN 4 (02-90)

DI 33015.035 Claimant's Right to Consultant Information

A. Policy

  1. a. 

    If, for any reason, additional evidence is obtained after a hearing, and all evidence, taken together, supports an unfavorable determination, the claimant is notified, in writing, and given an opportunity to review and comment on the additional evidence.

  2. b. 

    Claimants are given 10 days from the date they receive the notice indicated in a. above to submit comments (in writing or by telephone), unless there is good cause for granting additional time as shown in 20 CFR 404.911(b) or 416.1411(b).

  3. c. 

    The claimant's comments are considered before a reconsidered determination is issued.

  4. d. 

    If the claimant believes it is necessary to have a supplementary hearing, one may be scheduled at his/her request.

B. Procedure

1. Annotating information

Label information, including contact reports of consultations with medical/ vocational experts, obtained after the hearing "post-hearing".

Show “Not Shared With Claimant” on information obtained after the hearing which was not shared with the claimant because a fully favorable determination was issued. (This is necessary in case the review component proposes to overturn the DHO decision, i.e., the material will then have to be shared.)

2. Obtaining comments

Forward a copy of the information received or a contact report of the test or oral information to the claimant/representative.

Show the title of the expert or the reference source from which the information was obtained. Include an explanation of the meaning of the information, the claimant's right to rebuttal, and the right to request a supplemental hearing within 10 days of the receipt of this notice.

3. After claimant notified

Allow the claimant 10 days from receipt of the information to respond the to DHU's letter.

Extend the 10-day period if there is good cause for doing so as shown in A.b above.

Evaluate and consider rebuttals in finalizing the hearing decision, and remember that a supplementary hearing may be scheduled if the claimant so requests.

Issue the hearing decision if the claimant does not respond in the 10-day time frame.

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DI 33015.035 - Claimant's Right to Consultant Information - 04/17/1990
Batch run: 03/07/2014