Last Update: 8/7/2017 (Transmittal I-2-213)

HA 01250.018 Obtaining Testimony from a Claimant's Medical Source

Renumbered from HALLEX section I-2-5-18

Obtaining written medical evidence from a medical source is usually sufficient for adjudication purposes. For procedures regarding obtaining medical evidence from a medical source, see Hearings, Appeals and Litigation Law (HALLEX) manual HA 01250.014.

In unusual circumstances, a claimant may request that their medical source testify at the hearing, or an administrative law judge (ALJ) may decide on their own that testimony from a medical source is needed to fully inquire into the matters at issue. Unless a medical source has already agreed to testify at a hearing, whenever possible, an ALJ will first try to obtain the needed evidence through other methods, such as interrogatories (using the same general instructions in HALLEX HA 01250.042), written affidavits, or telephone reports to hearing office staff (see HALLEX HA 01250.014 C.4.).

When other efforts have failed and the ALJ finds it is reasonably necessary for a medical source to testify at a hearing, an ALJ may ask the medical source to appear at a hearing voluntarily, typically by audio using a telephone. The ALJ will enter into the record any correspondence and other documentation of efforts to obtain the medical source's testimony voluntarily.

If a medical source does not agree to testify at a hearing and the claimant requests a subpoena to compel the appearance of the medical source at the hearing, or if the ALJ determines that it is reasonably necessary to have the medical source testify at a hearing, the ALJ will evaluate the request using the instructions in HALLEX HA 01250.078.