NYPD Disqualification Appeals
The NYPD continues to send out NOPDs. If you receive an NOPD NYPD disqualification email contact me and we can discuss the facts of your case via Zoom during COVID-19 social distancing. Please stay safe.
email: kevin@sheerinlaw.com

call 516-248-0040

http://www.sheerinlaw.com

email:  kevin@sheerinlaw.com

 

Appealing a Civil Service Exam Disqualification

Law Offices of Kevin P. Sheerin 323 Willis Avenue, Suite 1 Mineola, New York 11501

516-248-3494

email: kevin@sheerinlaw.com

Toll Free 888-998-9984 www.sheerinlaw.com

Have you taken a civil service exam to become a police officer, fire fighter, corrections officer, sanitation worker or other civil servant for New York City or New York State and received a letter stating you are disqualified – either for medical, psychological or background/character reasons? If so you must first realize that you have only THIRTY days to appeal this decision, so you must act quickly. Your best option is to seek the legal advice of an attorney to properly handle this situation.

In this eBook, we will discuss why people are disqualified and what they can do to appeal a New York City or New York State civil service disqualification.

New York City Civil Service Disqualifications: Types of Disqualifications

There are three main types of disqualifications for civil service jobs – medical, psychological and character.

Medical

Reason: Fail the medical examination.

There are many reasons why candidates can be medically disqualified. Any physical disability that would make performing the duties of the position applied for would be grounds for disqualification. This would include minor problems with hearing or vision as well as more major issues involving the respiratory or cardiovascular systems.

Psychological

Reason: Fail the written or oral psychological examination.

There are two components to the psychological exam – written and oral. You can fail either one of these portions and be disqualified. If you receive a psychological disqualification you will need to seek out a second opinion from another psychologist. This doctor will need to interview you and review the records from the department you applied to and then write a report concerning their professional opinion of your fitness to serve as a civil servant.

Character

Reason: Fail the background check.

On the DCAS website they list the following list concerning factors that may disqualify a candidate from the NYPD:

The following are factors which would ordinarily be cause for disqualification:

  • Conviction of an offense which indicates lack of good moral character or disposition towards violence or disorder, or which is punishable by one or more years imprisonment.
  • Repeated convictions of an offense which indicate disrespect for the
  • Discharge from employment as a result of poor behavior or inability to adjust to
  • Dishonorable discharge from the United States
  • Conviction of an offense for Domestic Violence Misdemeanors.
  • A Felony
  • Statutory Disqualification (disqualified by law)

What to Do

First off, you need to remember that you have a limited time (only thirty days-USUALLY CHECK THE LETTER OR EMAIL YOU RECEIVED)  to appeal your disqualification so you need to act fast. Seeking out the aid of a Civil Service Attorney may be your best option since they know the necessary steps for filing an appeal.

To appeal a civil service disqualification you must submit a letter to the Civil Service Commission explaining your intent to appeal as well as any supporting documents and a copy of the disqualification letter. This letter should be sent Certified Mail Return Receipt Requested.

Once the Commission receives the letter, they will mail out an acknowledgment of appeal letter and send the appeal to the appropriate internal division for review and recommendation.

In the case of a medical or psychological disqualification you will need to see a third “independent” medical professional to obtain medical documentation that would support your argument that you are qualified for the job in question. This doctor will review the report written by the original doctor and write their own report with their findings. This report is then sent to the Civil Service Commission for them to review in making their final determination. You have sixty days to submit medical documentation supporting your appeal.

A hearing may be scheduled to allow you to present you appeal. If a hearing is scheduled you will be notified in writing of the date and time. At this hearing you and/or your attorney have the opportunity to present arguments in support of your positions. In the case of a medical disqualification, your doctor could be present to provide further insight into why they believe you are physically able to serve in the civil service position that you are applying for.

After the hearing the Commission will determine whether or not to grant your appeal. The final decision is in written format and a copy is mailed to you and your lawyer. You then have the option of filing an Article 78 appeal if you are not satisfied with the outcome.

More information on appealing a medical or psychological disqualification can be found here.

The full Civil Service Commission appeal guidelines can be found here.

If you received a Notice of Proposed Disqualification in your email inbox you can appeal. I offer a free consultation if you receive an NYPD psychological disqualification, medical disqualification or character/background disqualification. Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for a free consultation. Two factors are crucial in your disqualification appeal. The first is following the appeal process. The second is the facts of your case.

It is vital that you consult with someone experienced in this appeals process. Appealing the Notice of Proposed Disqualification NOPD on your own can cause you to miss opportunities to make crucial arguments that could turn the appeal in your favor.

Please call or email me to discuss your appeal.

NYPD NOPD psych dq appeal attorney: call 516-248-0040 or email kevin@sheerinlaw.com

Visit: www.sheerinlaw.com

 

Candidates contact me and email me a Notice of Disqualification (NOD).  When I ask them to search for pss@nypd.org in their email inbox they say that they received a Notice of Proposed Disqualification two or three months prior.   This creates a problem because during processing you agreed that NYPD or another hiring agency could contact you by email.   When you miss the email and 30 days passes your disqualification appeal will be dismissed.

Therefore, it is imperative that you check pss@nypd.org or APDadmin@nypd.org for disqualification emails to prevent losing your chance to appeal.

Visit my website www.sheerinlaw.com for more disqualification information.

Call 516 248 0040 or email kevin@sheerinlaw.com if you receive a NYPD NOD or NYPD NOPD.

 

 

If you receive a NYPD NOPD as a psych dq you should appeal rather than have to explain this disqualification at every future job interview for the rest of your life.

The percentage of successful appeals has shot up recently due to the psych reinterview policy at the NYPD.  There was a time not too long ago that your only chance to reverse a psych dq was at the NYC Civil Service Commission. Now the NYPD reinterviews many candidates who file an NOPD appeal.

Those disqualified candidates who do not file an appeal pass up the chance to get a reinterview which is also known as an NOPD interview. If you do not appeal you will never get another chance to get appointed from that exam.

Email me and I will send you a book, video and Powerpoint video on the appeal process.

kevin@sheerinlaw.com

visit www.sheerinlaw.com

visit newyorkcivilservicelawattorneypodcast.com

If you receive a NYPD NOPD psychological disqualification call (516) 248-0040 or email kevin@sheerinlaw.com to schedule a free in office consultation.

I have been helping disqualified candidates appeal their NYPD psychological or character disqualifications for 17 years.

I offer many opportunities in the course of your appeal to visit with me and spend time with me in my office. The first opportunity is when you receive a Notice of Proposed Disqualification or NOPD.

I offer free office consultation. I will meet with you to discuss your history and how the interview with the hiring agency’s psychologist went.  I will discuss with you the the topics the NYPD psychologist focused on your interview.  I will talk with you about your history of any arrests, violations or incidents any problems you may have had in school or at work or in relationships.

Thereafter, during the office consultation I will speak to you and explain to you in detail the Disqualification Appeal process.

Often this will take approximately an hour and after that hour you will understand the process better and the issues that will ultimately determine your case. I will let you know  what I believe your chances to have your disqualification reversed and what the next best step for you might be.

After you file an NOPD appeal with your chosen Mental Health Professional (MHP) more and more frequently the NYPD is offering a second interview at a different location.  This location is 1 Lefrak City Plaza in East Elmhurst, Queens. These re-interviews are with a different unit which is separate from the Candidate Assessment Division on 20th St. in the old Police Academy building.

If you receive one of these notifications I will prepare with you in my office and we will talk about tips and tactics to succeed and how to avoid traps in the re-interview.  We will discuss what are the key issues involved in your case so you could have greater insight rather than go blindly into this re-interview.

During this preparation session you will gain insight into why the hiring agency believes that you should be disqualified because they believe you are psychologically unsuitable. Gaining this insight could give you a step up in your appeal.

If you are unsuccessful or do not receive a second psych interview you will receive a Notice of Disqualification (NOD)  At this point your appeal is filed with the New York City Civil Service Commission. Even at this second step of the disqualification process more frequently candidates are receiving an additional re-interview. If you receive an additional re-interview after the appeal to the Civil Service Commission once again I would offer you a preparation session in my conference room to talk about the process in your best chances to succeed.

When the NYPD submits documents supporting their decision to uphold your disqualification I request time to submit a Reply.  I will take the arguments that the NYPD presents and reply to those contentions and point out where they are exaggerated, misguided, distorted or just plain wrong.

After filing an appeal to the New York City Civil Service Commission some candidates are granting a Hearing before the Commission. If you received this hearing I will prepare with you in my office for approximately two hours to talk about once again the issues that are going to determine the outcome of your case. I will talk to you about the proper attire and grooming to attend the hearing.  I will explain so you will understand the function of the New York City Civil Service Commission and what type of issues they would like to have resolved in order to have your disqualification reversed.

My standard fee for all of these services including  if a hearing is granted before the New York City Civil Service Commission is $2500. This flat fee includes an initial in office consultation and an in office preparation session for every re-interview you receive and at least two hour preparation session if you receive a Hearing before the New York City Civil Service Commission.

This is the same fee you have been charging since I began doing this type of work in 2003.

I believe meeting with candidates in person and spending time with them is crucial in deciding the best next step for a potential NYPD career or other job choices. By spending time drilling down on the issues that form the basis of a disqualification with someone that is been doing this type of work with seven for 17 years can be crucial for you to understand and get a thorough, complete and accurate understanding of what you are facing.

Phone consultations do not allow for a review of documents such as court dispositions, moving violations, college transcripts, CAS5 filled out during the application process. It is crucial to review Individual Education Plans (IEPs) and issues regarding ADHD medicines or work or school discipline, suspension or terminations to get a sense of your chances on appeal.

Anyone knows how life-changing is successful disqualification appeal can be for you.

By investing time, money and energy you make the best investment to be successful.

Email me: kevin@sheerinlaw.com

Call 516 248 0040

Visit my website: www.sheerinlaw.com

Visit my blog for case studies: civil service blog

Recently the number of candidates getting their disqualification reversed at a 2nd psych interview has increased.

You must file an NOPD Appeal to have a chance at a second interview.  If you receive a 2nd interview you are best served to know the issues that were raised in your disqualification and the arguments made by your appeal Mental Health Professional (MHP).

If you receive an NOPD nothing will change unless you take action and appeal it.

I offer a free consultation in my office if you receive a NOPD.

If you are offered a 2nd interview I will prepare you for the interview.  This preparation is included as part of you appeal representation.

If you receive an NYPD psych NOPD Call 516 248 0040 to schedule a free consultation.

email kevin@sheerinlaw.com

visit my website for further information.

www.sheerinlaw.com

This video will help you understand the NYPD Character Disqualification Factors. What can offset background disqualifications? NYPD Character disqualifications can be appealed after receipt of NOPD or NOD notifications.

If you have been arrested you must check that you have been arrested on your APD5. Frequently, candidates give the excuse that someone told me my arrest was sealed. This will not work. If you have been arrested you must state you were arrested and when you were arrested no matter what the disposition in your court case.

If you were suspended in school you would have to say you were suspended in school. Your investigator and psychologist will ask for authorizations to find about school discipline and when they get reports from your SUNY school or another college that you were suspended you will be disqualified and most likely will be unable to have a successful appeal.

If you were terminated from a job you should say you were because when the NYPD gets your Social Security lifetime history they will see what jobs you have had and you have to explain why you were let go from certain jobs. Unfortunately, if you don’t reveal these things you will get disqualified and will not be able to explain them away. Visit www.sheerinlaw.com or civilservice.sheerinlaw.com for more information about NYPD disqualification appeals.

Also, you can contact me:

Email: kevin@sheerinlaw.com

My website: www.sheerinlaw.com

You can read the cases on my blog: Civilservice.sheerinlaw.com

You can call me toll-free: (888) 998-9984

 

 

  It’s not going to get any worse you are currently disqualified- it can only get better. You have two chances to succeed: you could win at a reinterview at the NOPD Notice of Proposed Disqualification phase. It is always important to have all good mental health professionals and attorneys to help and guide you and prepare you for any re-interview. If you are unsuccessful you have an appeal to the New York City Civil Service Commission which holds hearings and may rule that you are disqualification was improper. This is a second chance to win. Naysayers and critics can claim that no one ever wins. This is not true. Recently candidates have had their disqualification reversed at an NOPD re-interview. Additionally, candidates have their disqualifications reversed after hearings at the Civil Service Commission. Your disqualification will not be reversed if you do not take action. You can contact me: Email: kevin@sheerinlaw.com My website: www.sheerinlaw.com You can read the cases on my blog: Civilservice.sheerinlawlaw.com You can call me toll-free: (888) 998-9984