Key legal question
Whether Art. 44 ATSG applied to the RAD psychiatric examination and required prior disclosure of the expert's name and challenge rights.
Extracted holding
Art. 44 ATSG does not apply to internal RAD physicians; the office therefore had no duty to disclose the examiner's name or treat the report as an independent external expertise.
Extracted reasoning
The court held that RAD physicians belong to the administration and their reports are internal documents. Legislative history shows that Art. 44 ATSG was not intended to cover internal insurance doctors, even if their reports may have evidentiary value.