Robert R. McGill Administrative Law Blog on Lawyers.com

     At each state of attempting to get a Federal disability retirement application approved, it is important to "remember the details".  For example, at the Merit Systems Protection Board level, in conducting a Hearing, remember that if the best medical evidence/tesitmony you are able to provide is through a health professional other than an "M.D." (e.g., a therapist, a Nurse Practitioner, a Chiropractor, etc.), always point out the unique credentials of the provider, to include whether in the particular state in which he/she practices, if greater lattitude and responsibilities are given to the practitioner.  Thus, it may be that in one state a Nurse Practitioner can exam, diagnose, and prescribe a medication regimen without the direct oversight of a medical doctor, whereas in other states such lattitude may not be allowed.  This should be pointed out to the Judge, to emphasize greater creditility of the testimony of the practitioner.  Further, remember that in Vanieken-Ryals v. OPM (U.S. Court of Appeals for the Federal Circuit, November, 2007), the Court therein reiterated that the medical documentation/evidence required must come from a 'licensed physician or other appropriate practitioner', and so long as that medical practitioner utilizes "established diagnostic criteria" and that which is "consistent with generally accepted professional standards", the testimony cannot be undermined.  Use the strengths of the case you have, and emphasize the little details that matter.

Sincerely, Robert R. McGill, Esquire