Ariz. Admin. Code § 6-12-1008

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-1008 - Hearings Concerning Disability Determinations

A. A person who appeals an adverse determination of disability may ask to receive another medical examination before the hearing.

B. Upon receipt of such a request, the FAA local office shall schedule the examination with a licensed physician, psychologist, or psychiatrist. If the appellant does not designate a particular examiner, the Department may choose.

C. At any time prior to issuing a decision, the hearing officer may ask the District Medical Consultant to schedule the appellant for a special diagnostic evaluation by a specialist.

D. Upon receipt of a report on the special evaluation, the hearing officer may, but is not required to, have the District Medical Consultant evaluate the report and render an opinion on the appellant's disability and employability.

E. The hearing officer may consider, but is not bound by, the Medical Consultant's opinion, which shall qualify as an expert medical opinion.

F. In deciding the appeal of a disability determination, the hearing officer shall consider:

1. All medical, social, and vocational reports which are relevant to the issue of disability; and

2. The appellant's testimony as to the appellant's physical and medical condition or symptomatology.

Ariz. Admin. Code § R6-12-1008

Adopted effective November 9, 1995 (Supp. 95-4).