Last Update: 8/29/2014 (Transmittal I-2-118)
HA 01250.045 Action When Administrative
Law Judge (ALJ) Receives New Evidence After a Medical Expert (ME)
Has Provided an Opinion
Renumbered from HALLEX section I-2-5-45
When an ALJ receives new evidence after an ME has provided
testimony or responded to interrogatories, the ALJ may ask the ME
to review the new evidence to determine if it affects the ME's testimony
or response. The ALJ will use the procedures in Hearings, Appeals
and Litigation Law (HALLEX) manual HA 01250.040 to determine whether
to obtain additional comments via interrogatories or testimony at
a supplemental hearing. If interrogatories are used, the ALJ will
follow the procedures in HALLEX HA 01250.042. If a supplemental hearing
is necessary, the ALJ will follow the procedures in HALLEX HA 01250.038.
If the ME who provided an opinion
for the initial hearing is no longer available to review the new
evidence, the ALJ will obtain the services of another ME following
the instructions in HALLEX HA 01250.036.