Does a claimant have an affirmative right to have a consultative examination performed by a chosen specialist?
MultiRegion, United States of America
The following excerpt is from Reed v. Massanari, 270 F.3d 838 (9th Cir. 2000):
This does not mean that a claimant has an affirmative right to have a consultative examination performed by a chosen specialist. However, the agency's actions with respect to consultative examinations must be taken in accordance with regulatory procedures." Andriasian v. INS, 180 F.3d 1033, 1046 (9th Cir. 1999) (stating that
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an agency abuses its discretion when it fails to abide by its own regulations).
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