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/testimony 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 latitude 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 latitude may not be allowed. This should be pointed out to the Judge, to emphasize greater credibility 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
Filed under: OPM Disability Process - 3rd Stage: MSPB Stage, Professional & Expert Witnesses, U.S. Merit Systems Protection Board (MSPB) | Tagged: chiropractor, disability laws for postal workers, disability retirement for postal clerks, established diagnostic criteria on mental conditions, federal disability lawyer, federal employee disability claims and therapist's reports, federal injured workers, filing for OPM disability retirement, generally accepted professional standards, legal services for federal employees, letter carriers disability retirement, medical evidence from other health care specialists, mental health therapist, MSPB Administrative Judge (AJ), MSPB and OPM disability retirement, objective medical evidence for federal disability cases, OPM disability application tips, OPM disability application tips and strategies, OPM disability lawyer, OPM medical retirement, physical inability removal, physician's statements in an OPM disability case, state unique abilities of other health care providers, statements from nurses in federal disability compensation cases, the administrative judge and your doctor's testimony, the symptoms and the diagnosis in the narrative report, the testimony of a practitioner in a opm disability case, the Vanieken-Ryals case, unique credentials of the health care provider, Vanieken-Ryals v. Office of Personnel Management, workers comp distribution clerks, workers comp for letters carriers |
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