If evidence furnished by an excluded medical source of evidence was considered in
a prior determination or CDR made on or after November 2, 2016, ask yourself:
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Did a written statement of exclusion accompany the evidence or did the prior adjudicator
identify clear documentation (e.g., an email from the administrator or professional
relations officer) that the source was an excluded medical source of evidence?
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•
Did the prior adjudicator correctly apply a good cause exception(s)?
If the answer to both questions is yes, continue to consider the evidence.
If the answer to one or both questions is no, re-evaluate the evidence to decide whether
it should continue to be considered.
NOTE: During a CDR, consider whether to apply the Prior Error Exception if the evidence
should not continue to be considered, and should not have been considered in the prior
determination or CDR. See DI 28020.350 for instructions.
EXAMPLE 1: A determination made on or after November 2, 2016, considered evidence furnished by
an excluded medical source of evidence that did not include a written statement of
exclusion. The source later submitted the same evidence and included a written statement
of exclusion. Re-evaluate the evidence.
EXAMPLE 2: A determination made on or after November 2, 2016, considered evidence furnished by
an excluded medical source of evidence that included a written statement of exclusion.
The prior adjudicator, however, did not correctly apply a good cause exception(s).
Re-evaluate the evidence.
EXAMPLE 3: A determination made on or after November 2, 2016, considered evidence furnished by
an excluded medical source of evidence that included a written statement of exclusion.
Additionally, the prior adjudicator correctly applied a good cause exception(s). Continue
to consider the previously furnished evidence.