I-2-5-44.Action When Administrative Law Judge Receives Medical Expert's Responses to Interrogatories

Last Update: 8/29/14 (Transmittal I-2-118)

A. Proffer a Copy of Response

When an administrative law judge (ALJ) receives a medical expert's (ME) response to written interrogatories, the ALJ will proffer a copy of the opinion using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-7-30. See also hearing office electronic business process section 5.1.

NOTE:

If the opinion is received post-hearing and the claimant waived the right to examine the evidence and appear at a supplemental hearing, see HALLEX I-2-7-35.

B. Respond to Objection or Other Request

An ALJ must rule on any objection or request by the claimant regarding the ME'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 ME or request a supplemental hearing to question the ME.

NOTE 1:

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. The ALJ will consider the information in HALLEX I-2-5-40 when determining how the ME will appear at a supplemental hearing.

NOTE 2:

If the ME declines to appear at a supplemental hearing, the ALJ may consider issuing a subpoena using the instructions in HALLEX I-2-5-78. If a subpoena is issued, see also HALLEX I-2-5-80 and I-2-5-82.

C. Exhibit Response and Any Correspondence

The ALJ must include the response and any related correspondence in the record as exhibits. This includes all correspondence between the ALJ and the ME, admissible questions and responses, additional interrogatories and responses, and proffered documents. See HALLEX I-2-7-35.