Last Update: 9/28/2005 (Transmittal I-2-68)
Renumbered from HALLEX section I-2-5-26
If a State agency determines, based on a State agency review physician's assessment or consultant's opinion, that a requested test should not be performed because it would involve significant risk to the claimant, the State agency will notify the ALJ or the HO staff contact person of the determination and the reason(s) for it. The HO staff will take the following actions:
Prepare an RC to document the reason(s) for the State agency's determination, unless the State agency provided a written statement of the reasons.
Mark the RC or the State agency's written statement as a proposed exhibit, add it to the list of exhibits, and give the claimant and the representative (if any) an opportunity to review and comment on the proposed exhibits. (See HA 01250.028 C., Disclosure of New Evidence Before the Hearing, and HA 01250.078 D., Disclosure of New Evidence After the Hearing.)
Obtain the needed information through other means, if possible.
NOTE:
If a consultative physician or psychologist contacts the HO directly about an ALJ's request through the State agency for a CE or test, the ALJ or the HO staff will ask the consultative physician or psychologist to contact the State agency.