[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: 20CFR220.58]



[Page 273]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                   Subpart G_Consultative Examinations

 

Sec.  220.58  Objections to the designated physician or psychologist.



    A claimant or his or her representative may object to his or her 

being examined by a designated physician or psychologist. If there is a 

good reason for the objection, the Board will schedule the examination 

with another physician or psychologist. A good reason may be where the 

consultative examination physician or psychologist had previously 

represented an interest adverse to the claimant. For example, the 

physician or psychologist may have represented the claimant's employer 

in a worker's compensation case or may have been involved in an 

insurance claim or legal action adverse to the claimant. Other things 

the Board will consider are: language barrier, office location of 

consultative examination physician or psychologist (2nd floor, no 

elevator, etc.), travel restrictions, and examination by the physician 

or psychologist in connection with a previous unfavorable determination. 

If the objection is because a physician or psychologist allegedly 

``lacks objectivity'' (in general, but not in relation to the claimant 

personally) the Board will review the allegations. To avoid a delay in 

processing the claimant's claim, the consultative examination in such a 

case will be changed to another physician or psychologist while a review 

is being conducted. Any objection to use of the substitute physician or 

psychologist will be handled in the same manner. However, if the Board 

or the Social Security Administration had previously conducted such a 

review and found that the reports of the consultative physician or 

psychologist in question conform to the Board's guidelines, then the 

Board will not change the claimant's examination.