I-2-5-60.Action When Administrative Law Judge Receives New Evidence After a Vocational Expert Has Provided an Opinion

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

When an administrative law judge (ALJ) receives new evidence after a vocational expert (VE) has provided testimony or responded to interrogatories, the ALJ may ask the VE to review the new evidence to determine if it affects the VE's testimony or response. The ALJ will use the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-2-5-56 to determine whether to obtain additional comments via interrogatories or testimony at a supplemental hearing. If interrogatories are used, the ALJ will follow the procedures in HALLEX I-2-5-57. If a supplemental hearing is necessary, the ALJ will follow the procedures in HALLEX I-2-5-54.

NOTE:

If the VE who provided an opinion at the initial hearing is no longer available to review the new evidence, the ALJ will obtain the services of another VE following the instructions in HALLEX I-2-5-52.