Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
In Social Security Disability (“SSD”) cases, an Administrative Law Judge (“ALJ”) can submit questions, called interrogatories, to a Medical Expert (“ME”). After the ME responds to the interrogatories, the ALJ must provide a copy of the response to the claimant and the representative and notify them of the right to comment, submit further relevant evidence, propose additional interrogatories to the ME, and request a supplemental hearing with opportunity to question the ME at the supplemental hearing. The ALJ is also required to provide the claimant and the representative with the opportunity to review the ME’s response before the ALJ makes it an exhibit, unless the evidence supports a fully favorable decision.
I took over the SSD case of a 46 year old former police officer, now residing in Las Vegas, from another attorney after her application had been denied and she was scheduled for a hearing. While preparing the claimant for her testimony about a week before the hearing, I learned that the ALJ had received responses to ME interrogatories.
Because I had not been notified about interrogatories being submitted or responses received, it left only one of two possibilities. First, it could and should have meant that the interrogatory responses supported a fully favorable decision. Alternatively, it could have meant that the ALJ violated the procedural rules discussed above, which would provide concrete grounds for an appeal. Fortunately for the claimant, just a couple of hours before she was due to fly to New York for her hearing, the ALJ’s assistant notified us that he was approving SSD benefits and cancelling the hearing.
Previous NextDISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou