[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: 20CFR220.56]



[Page 272-273]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                   Subpart G_Consultative Examinations

 

Sec.  220.56  Securing medical evidence at the hearings officer hearing 

level.



    (a) Where there is a conflict in the medical evidence at the hearing 

level of review before a hearings officer, the hearings officer will try 

to resolve it by comparing the persuasiveness and value of the 

conflicting evidence. The hearings officer's reasoning will be explained 

in the decision rationale. Where such resolution is not possible, the 

hearings officer will secure additional medical evidence (e.g., clinical 

findings, laboratory test, diagnosis, prognosis, etc.) to resolve the 

conflict. Even in the absence of a conflict, the hearings officer will 

also secure additional medical evidence when the file does not contain 

findings, laboratory tests, a diagnosis, or a prognosis necessary for a 

decision.

    (b) Before requesting a consultative examination, the hearings 

officer will



[[Page 273]]



ascertain whether the information is available as a result of a recent 

examination by any of the claimant's medical sources. If it is, the 

hearings officer will request the evidence from that medical 

practitioner. If contact with the medical source is not productive for 

any reason, or if there is no recent examination by a medical source, 

the hearings officer will obtain a consultative examination.