208.075. Mental or physical examination may be required--evidence admissible at appeal hearing.
Mental or physical examination may be required--evidence admissible atappeal hearing.
208.075. 1. When an application is made for aid todependent children or aid to the permanently and totally disabledbenefits because of the physical or mental condition of a personthe division of family services shall require the person to beexamined by competent medical or other appropriate authoritydesignated by the division of family services. If benefits arepaid because of the physical or mental condition of a person thedivision of family services may, as often as it deems necessary,require such person to be reexamined by competent medical orother appropriate authority designated by the division of familyservices. Written reports of examinations and reexaminationsshall be required and evaluated by the division of familyservices in determining eligibility to receive benefits or tocontinue to receive benefits.
2. In any appeal hearing as provided for by section 208.080and the question at issue involves the physical or mentalincapacity of a person, regardless of whether assistance has beendenied or a recipient has been removed from the assistance rolls,the written reports of the examination or reexamination made bycompetent medical or other appropriate authority designated bythe division of family services, and any written medical reportsby other physicians or clinics submitted by claimant, are herebydeclared to be competent evidence and admissible as such at theappeal hearing to be considered by the director with any otherevidence submitted. Any written medical report purporting to beexecuted and signed by the medical or other appropriateauthority, its agents, or employees shall be prima facie evidenceof it being properly executed and signed without further proof ofidentification.
(L. 1963 p. 380 § 208.052)