Questão jurídica principal
Whether the psychiatric expert report lost evidentiary value because the expert was influenced before examining the insured.
Decisão extraída
Yes. The report could no longer serve as a neutral basis because the regional medical service discussed the substance of the case with the expert beforehand and influenced the diagnostic assessment.
Fundamentação extraída
Under Art. 44 ATSG, an independent expert is required. Here, the expert had already been steered on a key diagnostic point before the examination, creating an objective appearance of bias and exceeding permissible instructions.