An administrative law judge (ALJ) can obtain medical expert (ME) testimony by audio, agency video, online video, or in limited circumstances described in 20 CFR 404.936(c)(2) and 416.1436(c)(2), in person. These methods provide the ALJ, claimant, or appointed representative, if any, the opportunity to question the ME at the time testimony is given. However, an ALJ can also obtain ME testimony through written interrogatories.

Interrogatories are often used when an ALJ receives post-hearing evidence that requires further review because it appears the additional evidence may affect the outcome of the case. However, an ALJ can use interrogatories at any time in the hearing process. The ALJ may obtain interrogatories at the request of the claimant or representative, or on the ALJ's own initiative.

When preparing interrogatories, the ALJ will:

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  Phrase questions in a way that does not direct or suggest a specific conclusion;

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  Ask questions that will elicit a clear and complete response that will, as much as possible, be expressed in terms the claimant will understand (see HA 01250.093 Standard Hearings Operating Procedure (SHOP) Section 3.3.4 for instructions on how to access sample interrogatories); and

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  Leave sufficient space between the questions for the ME to answer the questions.