If you receive a NYPD NOPD Psychological Disqualification 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 psychological re-interview policy at the NYPD.  There was a time, not long ago, when your only chance of getting a Psychological Disqualification reversed was at the NYC Civil Service Commission. But now, the NYPD re-interviews many candidates who file a NOPD appeal.

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

Please 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

Feel free to contact us at:

Law Offices of Kevin P. Sheerin
323 Willis Ave., Suite 1 Mineola, NY 11501

Phone: 516.248.3494
Fax: 516.248.2808
Email: kevin@sheerinlaw.com

The NYC Civil Service Commission has posted on their website that they are operating at an alternate site due to COVID-19.

You may email them rather than attempting an in-person visit.

Email appeals@nycccsc.nyc.gov

NYC Civil Service Commission announcement.

Feel free to contact us at:

Law Offices of Kevin P. Sheerin
323 Willis Ave., Suite 1 Mineola, NY 11501

Phone: 516.248.3494
Fax: 516.248.2808
Email: kevin@sheerinlaw.com

Candidates contact me all the time and email me their 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 your emails daily to see if you have received a disqualification email from either  pss@nypd.org or APDadmin@nypd.org  to prevent you from losing your chance to appeal.

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

Call 516-248-3494 or email kevin@sheerinlaw.com if you receive a NYPD NOD or NYPD NOPD.

 

 

If you received a Notice of Proposed Disqualification in your email inbox you can appeal. I offer a free consultation if you receive a 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 516-248-3494 or email kevin@sheerinlaw.com

Visit: www.sheerinlaw.com

 

Appealing a Civil Service Exam Disqualification:

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.

Below, we 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 it difficult to perform 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 set forth the following list of 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 indicates disrespect for the law.
  • Discharge from employment as a result of poor behavior or inability to adjust to discipline.
  • Dishonorable discharge from the United States Military.
  • 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 position. 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.

Law Offices of Kevin P. Sheerin, 323 Willis Avenue, Suite 1, Mineola, New York 11501
Call: 516-248-3494
Email: kevin@sheerinlaw.com

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

NYPD Disqualification Appeals:
The NYPD continues to send out NOPDs during the shutdown. If you receive a NOPD disqualification please feel free to contact me and we can discuss the facts of your case via ZOOM during this COVID-19 social distancing period. Please stay safe.

Call 516-248-3494

Email:  kevin@sheerinlaw.com

http://www.sheerinlaw.com

 

 

 

The NYPD is still issuing Notice of Proposed Disqualification (NOPD) during the current crisis.  If you receive a NYPD NOPD please call 516-248-3494 or email: kevin@sheerinlaw.com. If you were suspended in school you should say you were suspended in school. Your investigator and psychologist will ask for authorizations to find out if you have a school disciplinary record and when they get the reports from your SUNY school or any 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 will 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.

The Commission holds hearings to determine if your disqualification was improper. When you are disqualified that disqualification will not be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY and NYC DOC candidates for more than 18 years. Each appeal is different just as your history of school, work and personal relationships are different.

If you receive a NYPD NOPD for character disqualification, I offer a free ZOOM consultation or phone consultation.

I would be happy to speak with you to see if I can help you with your appeal. Please call me at 516-248-3494. You can also:

Email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog civilservice.sheerinlaw.com

My Twitter is @dqlawyer.com

What must I do every day if I am a candidate?

If you are processing to be an NYPD officer you must check your email everyday.

When you appeared at the Candidate Assessment Division you signed a form giving the NYPD permission to contact you by email.

You can receive a Character Disqualification email from APDAdmin@nypd.org

-OR-

You can receive a Psychological Disqualification from pss@nypd.org

If you receive one of these emails and do not respond within 30 days you will most likely lose your chance to appeal.

This is especially true for the Psychological Disqualifications.  In psych dq cases if you do not respond to the NOPD within 30 days you will receive a Notice of Disqualification or NOD.   When you appeal the NOD to the New York City Civil Service Commission they will forward you a form with a series of questions requesting an explanation for your failure to respond to the NOPD.  In most cases your reasoning will not be accepted and your appeal dismissed.

How do I file an appeal?

There are two (2) steps to the appeal process.

You will receive a NOPD or Notice of Proposed Disqualification.

This appeal goes back to the hiring agency.

It could be psychological, medical or background/character.

It is best to consult with an attorney to discuss the facts of your disqualification, the appeal process and the most compelling arguments for you to succeed.

Should I file an appeal or withdraw from a disqualification?

It depends.  If the agency or department that disqualified you is the job you really want then it might be best to challenge the decision promptly because experience shows that time will usually not change that agency’s decision.

What are my chances of winning an appeal?

Appeal chances are decided on a case by case basis.

What did the agency base their disqualification decision on?

Is the hiring agency’s decision rational and can the agency defend it?

What is it about you that makes you a qualified candidate?

Your education, work history, accomplishments, college degrees, special skills, outstanding, problem free work, school records.  No involvement with law enforcement and good driving record.  Also, if you had some problems in the past, what have you done to overcome them and transform yourself into the person you are today?

Can I handle the appeal process myself?

Your chances to succeed significantly increase when you use an expert to assist you.

Why do I need an Attorney?

I have been assisting disqualified civil service job candidates for more than 18 years.  Over that time I have learned what the hiring agencies are looking for and what arguments are successful in getting candidate’s disqualifications reversed.  I am familiar with the appeals process and have argued cases before the NYC Civil Service Commission going back to 2003.  Having an expert greatly increases your chances of getting your disqualification reversed.

What are the steps in an appeal process?

A.   NOTICE OF PROPOSED DISQUALIFICATION

If you are a candidate for NYPD Police Officer you must check your email inbox every day for emails from: pss@nypd.org or APDAdmin@nypd.org

 You may receive an email stating: Notice of Proposed Disqualification. This is an NOPD. You usually have thirty (30) days to file an Appeal. Sometimes you have only fifteen (15) days .

MEDICAL, PSYCHOLOGICAL DISQUALIFICATION

  1. File appeal. Expert get hiring agency file.
  2. Designate expert. Prepare rebuttal report.
  3. In office preparation or ZOOM interview for re-interview discussing key issues in Psychologist’s reports.

Re-interview with Different Psychologist usually at Lefrak City offices.

CHARACTER DISQUALIFICATION

  1. Collect information regarding background.
  2. Prepare appeal package with all documents.
  3. File appeal.

B.   NOTICE OF DISQUALIFICATION

  1. You will receive a letter saying you were disqualified from hiring agency.
  2. You have 30 days to appeal (Time varies-Reference NOD Letter).
  3. File an appeal package with the Civil Service Commission.
  4. In Office Preparation for re-interview, if granted, or Civil Service Commission Hearing, if granted.

C.   CPLR ARTICLE 78

  1. Lawsuit filed in NYS Supreme Court.
  2. Ask Judge to rule that the disqualification was arbitrary, capricious, and irrational.
  3. Request order finding decision to uphold disqualification was irrational.

How long does each step take?

How do I find out the status of my appeal?

Your attorney can contact the hiring agency to find out the status of your appeal.

How should I respond to the NYPD Psychologist’s questions?

You can prepare by speaking with me about tips and tactics of psychological interviews and the best practices to help you succeed.

When does the list for my exam expire?

The Expiration date of NYC Civil Service Exam lists can be checked by:

Calling 212 669-1357

Press 2

Enter your Social Security #

You will hear the date the eligible list was established and the date is expires.  This is usually 4 years.

Why do I need an attorney if the Psychologist does the appeal?

If my exam is close to expiring can I appeal?

What is the time frame for the appeal?

Time frames vary from one appeal to the next.  It is best to appeal promptly and cooperate in the appeal process whether it be 2nd psych interviews or follow up inquiries from background investigators. (BI)

How much does it cost to appeal?

My standard fee for NOPD and NOD appeals is $2,500.00 including any hearing before the NYC Civil Service Commission. Please feel free to contact me with any questions you may have at:

Email: kevin@sheerinlaw.com

Call 516. 248.3494

NYPD Disqualificaiton Appeals

The best advice you can receive if you want to be a NYPD officer is to get your Certificates of Disposition from any arrests or summonses you may have received and your Lifetime Abstract from New York State Department of Motor Vehicles before you complete your Applicant Processing forms.

If you guess about any arrests you may have or moving violations or summonses you had you will receive a Notice of Proposed Disqualification-NOPD stating that you are disqualified for “Omission of Pertinent Facts.”

The NYPD or other hiring agency such as, NYC Department of Correction or FDNY have access to all of this information and when you submit an incomplete form they will compare it to their computer printouts and disqualify you.

To see other civil service case information visit www.sheerinlaw.com.

Also visit civilservice.sheerinlaw.com

To contact us call 516-248-3494 or email kevin@sheerinlaw.com

March 26, 2020 – “I received a NOPD from Department of Correction after being on psych hold for a whole year. Mr. Sheerin helped me out. In less than 6 months I was given a second oral psych and he continuously kept in touch with the department and informed me of the status. Decision was reversed, Very helpful law firm at a reasonable price…The communication is always on point, just a call or email away. Will review facts and discuss with you. Thank you for your help Mr. Sheerin and your staff. I can’t express how thankful I am…”
Charlie G

March 24, 2020 – “Kevin helped me get my disqualification reversed after a second interview.”
Anne L.

March 23, 2020 – “If you’re reading… as to how to proceed with your disqualification… LOOK NO FURTHER… I contacted Mr. Sheerin and from the minute I walked in to his office I felt hope. He didn’t make me any promises but [said] that he would do his best to try and help me… He was very knowledgeable and made me feel at ease… His staff is very friendly and professional, always available to answer any questions… Regardless of the outcome… it is worth every… dollar so don’t hesitate and give them a call… I’ll update… how it turned out for me… Good luck everyone.”
Moreno B.

March 11, 2020 – “I was disqualified and got a second interview and prepared with Kevin Sheerin in his office and my disqualification was reversed.”
Jeff J.

February, 2020 – “Kevin helped me win my appeal. I am so glad I found him.”
C.H.

January, 2020 – “Thanks to Mr. Sheerin’s help, my medical disqualification was overturned by the NYC Civil Service Commission. Mr. Sheerin presented an appeal package and follow up letter to the commission that was concise and professional. I highly recommend Mr. Sheerin. His knowledge of the appeals process is extraordinary.”
John M.

February 2020 – “Kevin Sheerin and Dr. Robert Daley helped me win my appeal. Hands down the best people to go thru this every step of the way. They know exactly what to do and how to do it to get positive outcome. FIVE STARS all the way.”
A.G.

August, 2019 – “Extremely professional, knowledgeable and helpful.”
Anthony E.

April, 2019 – “Kevin and his staff have been nothing but amazing. They guided me thru every step of my disqualification. They were always willing to answer every question and followed up frequently on the progress. I would highly recommend Kevin Sheerin…”
Gabriel V.

April, 2019 – “Kevin will give you a straight forward answer at the interview when you meet with him. He helped me to get on the job. NYPD (nopd). Thanks Kevin, very kindly appreciated it.”
Nyecon B.

April, 2019 – “If you are looking for answers and guidance regarding any Civil service job disqualification, I highly recommend Mr. Sheerin. He is a highly capable and honest attorney… with a great staff and reliable resources to solve your case… Mr. Sheerin, you are very knowledgeable, patient and reliable. Thank you for the time and dedication…”
Paola D.

April, 2019 – “Kevin helped me get on the job with his advice after 6 years of trying. Without his help, I wouldn’t be doing what I love !!! Thanks Kevin !!!”
Victor M.

March, 2019 – “After receiving a NOPD from NYPD I contacted Mr. Sheerin who worked with me on an appeal. Mr. Sheerin was able to get my disqualification reversed. Very happy and would highly recommend.”
Patrick M.

March, 2019 – “After…being wrongfully disqualified by the NYPD, I came across Kevin Sheerin and his team. Needless to say it was the best decision. He really took the time to handle the case and was there every step of the way… Thanks to Kevin, he was able to help beat this case and now I’m back on track to pursuing this as a career. Thank you again Kevin from the bottom of my heart!”
Freddy G.

April, 2018 – “Very helpful and stress free environment. Highly recommend Mr. Sheerin as an attorney.”
Robert M.

April, 2018 – “Very pleased with the service Mr. Kevin Sheerin provided. He got my character DQ reversed. I knew if I wanted to fight this I needed someone with experience for a reasonable cost. I definitely recommend him.”
J. Gee