§ 220.52. Failure to appear at a consultative examination.
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/us/cfr/t20/s§ 220.52·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.