[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR220.52]



[Page 271]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                   Subpart G_Consultative Examinations

 

Sec.  220.52  Failure to appear at a consultative examination.



    (a) General. The Board may find that the claimant is not disabled if 

he or she does not have good reason for failing or refusing to take part 

in a consultative examination or test which was arranged by the Board. 

If the individual is already receiving an annuity and does not have a 

good reason for failing or refusing to take part in a consultative 

examination or test which the Board arranged, the Board may determine 

that the individual's disability has stopped because of his or her 

failure or refusal. The claimant for whom an examination or test has 

been scheduled should notify the Board as soon as possible before the 

scheduled date of the examination or test if he or she has any reason 

why he or she cannot go to the examination or test. If the Board finds 

that the claimant has a good reason for failure to appear, another 

examination or test will be scheduled.

    (b) Examples of good reasons for failure to appear. Some examples of 

good reasons for not going to a scheduled examination or test include--

    (1) Illness on the date of the scheduled examination or test;

    (2) Failure to receive notice or timely notice of an examination or 

test;

    (3) Receipt of incorrect or incomplete information about the 

examination or test; or

    (4) A death or serious illness in the claimant's immediate family.

    (c) Objections by a claimant's physician. The Board should be 

notified immediately if the claimant is advised by his or her treating 

physician not to take an examination or test. In some cases, the Board 

may be able to secure the information which is needed in another way or 

the treating physician may agree to another type of examination for the 

same purpose.