Questão jurídica principal
Whether the failure to notify the insured of the supplemental MEDAS report before the objection decision violated the right to be heard
Decisão extraída
The report should have been disclosed before the objection decision, but the defect was curable and was cured in the cantonal appeal proceedings.
Fundamentação extraída
Art. 44 ATSG does not grant a prior right to comment on expert questions. The later non-disclosure of the MEDAS report breached hearing rights, but the cantonal appeal was a full review proceeding and the insured had an unrestricted opportunity to comment and ask questions there; a remand would have been a useless formalism.