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20 C.F.R. §§ 404.1519a–404.1519f

3 sections in range

§404.1519a. When we will purchase a consultative examination and how we will use it.

20 C.F.R. § 404.1519a

(a)
General. If we cannot get the information we need from your medical sources, we may decide to purchase a consultative examination. See § 404.1512 for the procedures we will follow to obtain evidence from your medical sources and § 404.1520b for how we consider evidence. Before purchasing a consultative examination, we will consider not only existing medical reports, but also the disability interview form containing your allegations as well as other pertinent evidence in your file.
(b)
Situations that may require a consultative examination. We may purchase a consultative examination to try to resolve an inconsistency in the evidence, or when the evidence as a whole is insufficient to allow us to make a determination or decision on your claim. Some examples of when we might purchase a consultative examination to secure needed medical evidence, such as clinical findings, laboratory tests, a diagnosis, or prognosis, include but are not limited to:
(1)
The additional evidence needed is not contained in the records of your medical sources;
(2)
The evidence that may have been available from your treating or other medical sources cannot be obtained for reasons beyond your control, such as death or noncooperation of a medical source;
(3)
Highly technical or specialized medical evidence that we need is not available from your treating or other medical sources; or
(4)
There is an indication of a change in your condition that is likely to affect your ability to work, but the current severity of your impairment is not established.
Notes, amendments, and revision history

Amendments

[56 FR 36956, Aug. 1, 1991, as amended at 77 FR 10655, Feb. 23, 2012]

Authority

Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 55584, Aug. 20, 1980, unless otherwise noted.

Amendments

[56 FR 36956, Aug. 1, 1991, as amended at 77 FR 10655, Feb. 23, 2012]

§404.1519b. When we will not purchase a consultative examination.

20 C.F.R. § 404.1519b

We will not purchase a consultative examination in situations including, but not limited to, the following situations:
(a)
In period of disability and disability insurance benefit claims, when you do not meet the insured status requirement in the calendar quarter you allege you became disabled or later and there is no possibility of establishing an earlier onset;
(b)
In claims for widow's or widower's benefits based on disability, when your alleged month of disability is after the end of the 7-year period specified in § 404.335(c)(1) and there is no possibility of establishing an earlier onset date, or when the 7-year period expired in the past and there is no possibility of establishing an onset date prior to the date the 7-year period expired;
(c)
In disability insurance benefit claims, when your insured status expired in the past and there is no possibility of establishing an onset date prior to the date your insured status expired;
(d)
When any issues about your actual performance of substantial gainful activity or gainful activity have not been resolved;
(e)
In claims for child's benefits based on disability, when it is determined that your alleged disability did not begin before the month you attained age 22, and there is no possibility of establishing an onset date earlier than the month in which you attained age 22;
(f)
In claims for child's benefits based on disability that are filed concurrently with the insured individual's claim and entitlement cannot be established for the insured individual;
(g)
In claims for child's benefits based on disability where entitlement is precluded based on other nondisability factors.
Notes, amendments, and revision history

Amendments

[56 FR 36956, Aug. 1, 1991]

Authority

Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 55584, Aug. 20, 1980, unless otherwise noted.

Amendments

[56 FR 36956, Aug. 1, 1991]

§404.1519f. Type of purchased examinations.

20 C.F.R. § 404.1519f

We will purchase only the specific examinations and tests we need to make a determination in your claim. For example, we will not authorize a comprehensive medical examination when the only evidence we need is a special test, such as an X-ray, blood studies, or an electrocardiogram.
Notes, amendments, and revision history

Amendments

[56 FR 36956, Aug. 1, 1991]

Authority

Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 55584, Aug. 20, 1980, unless otherwise noted.

Amendments

[56 FR 36956, Aug. 1, 1991]