An ALJ must rule on any objection or request by the claimant
regarding the VE's response to the interrogatories. The ALJ may
rule on an objection on the record during the hearing or in a writing
that the ALJ exhibits and associates with the record. Even if the
claimant or any appointed representative previously had the opportunity
to do so, an ALJ must allow a claimant to propose additional interrogatories
to the VE or request a supplemental hearing to question the VE.
The ALJ decision must also include
the rationale for ruling against any objection.
If the claimant requests a supplemental hearing, the ALJ must
grant the request, unless the ALJ receives additional documentary
evidence that supports a fully favorable decision. Office of Hearings
Operations (OHO) management, through designated staff, will consider the
information in HALLEX HA 01250.056 and HA 01230.010 B.2 when
determining how the VE will appear at a supplemental hearing.
If the VE declines to appear at
a supplemental hearing, the ALJ may consider issuing a subpoena
using the instructions in HALLEX HA 01250.078. If a subpoena is issued,
see also HALLEX HA 01250.080 and HA 01250.082.