A police officer must first file an appeal with the NYC Civil Service Commission before filing an Article 78 under the doctrine of “exhaustion of remedies.”

A hiring agency may disqualify a candidate up to three years after hiring the candidate.  The three year limit does not apply if fraud was used in the application process.

In the instant case the Appellate Division, First Department dismissed the Article 78 because the candidate failed to appeal to the New York City Civil Service Commission before filing the Article 78 lawsuit.

Read about this NYPD disqualification case here.

Law Office of Kevin P. Sheerin

I have been a civil service disqualification appeals attorney for more than 18 years. During that time I have helped many clients win their appeal. I can help you too.

If you have questions and would like to schedule a free consultation, please feel free to contact me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

 

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Disqualified NYPD Police Officer candidates who receive a letter called a “Notice of Proposed Disqualification” (NOPD) and who were disqualified based on psychological issues must file an appeal within 30 days! Failure to file a NOPD appeal and designate an expert to receive your file and prepare a rebuttal appeal report will result in having your case dismissed by the NYC Civil Service Commission. You MUST file your appeal within 30 days of receiving the NOPD. If you file an appeal AFTER receiving a Notice of Disqualification (NOD) from the NYPD Psychological Services Section your case will be dismissed.

Law Office of Kevin P. Sheerin

I have been a civil service disqualification appeals attorney for more than 18 years. During that time I have helped many clients win their appeal. I can help you too.

If you have questions and would like to schedule a free consultation, please feel free to contact me at 516 248 0040.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

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There has been a sharp increase in the percentage of candidates appealing their NYPD NOPD psychological disqualification, and subsequently succeeding at a second interview.

Law Office of Kevin P. Sheerin

But, before you can get a second interview you must appeal your disqualification.

It’s good to get the facts before you act.

I am available for a phone consultation, a zoom conference or FaceTime. We can discuss the facts of your history, the appeal process for NOPD appeals (“step one”), including what occurred in the oral psychological interview, tips and tactics and how to avoid the traps in a second interview, the process for filing an appeal with the New York City Civil Service Commission if you do not succeed at step one, how to present the best case to get a hearing before the commission and how to succeed at a hearing before the commission.

CURRENT CLIENT REVIEWS AFTER SECOND INTERVIEW:

April, 2021 – “Kevin Sheerin did an excellent job with my appeal. A straight shooter that gets you to the finish line with ease. Highly knowledgeable and thorough. Reasonably priced and worth every penny. I highly recommend his services!” – Daniel G.

February, 2021 – “Kevin Sheerin helped me prepare for a second interview which I passed! Always attentive, caring and responsive. Completely recommend!” – V.V.

August, 2020 – “My experience with Mr. Sheerin was great from start to finish. I contacted Mr. Sheerin when I first got my NOPD, and he got to work right away. With his help I was able to thoroughly prepare for my second interview with the NYPD, which was a success.” – Anthony R.

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

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.

Please feel free to call 516-248-0040 or email me at kevin@sheerinlaw.com. You can also visit my website www.sheerinlaw.com

You can also visit the New York City Civil Service Commission’s website for pertinent information about Covid-19 updates.

Those interested in New York State jobs can visit New York State Civil Service Commission website.

 

 

 

 

 

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Law Office of Kevin P. SheerinApril, 2021 – “Kevin Sheerin did an excellent job with my appeal. A straight shooter that gets you to the finish line with ease. Highly knowledgeable and thorough. Reasonably priced and worth every penny. I highly recommend his services!”
Daniel G.

March 23, 2021 – “I was found psychologically qualified after a second interview with the help of Kevin Sheerin… Thank you so much Kevin Sheerin…”
Vijay G.

February, 2021 – “Kevin Sheerin helped me prepare for a second interview which I passed! Always attentive, caring and responsive. Completely recommend!”
V.V.

February, 2021 – “Mr. Sheerin is by far the best…  I have had an overall great professional experience, and he never gave up hope for me… 1000% recommend!”
Emmanuel C.

January, 2021 – “I was on dreaded psych review for over a year and could not get an answer from my psychologist about anything. After waiting for such a long time I turned to Kevin and his team for help… Kevin was able to get me my NOPD and immediately… appeal it. After repeating the psychological I was found to be qualified to be a police officer. I’m now in the NYPD and happy with my career. If you hire Kevin you won’t regret it!”
Connor O.

August, 2020 – “My experience with Mr. Sheerin was great from start to finish. I contacted Mr. Sheerin when I first got my NOPD, and he got to work right away. With his help I was able to thoroughly prepare for my second interview with the NYPD, which was a success.”
Anthony R.

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

Please feel free to contact Kevin Sheerin at:

Email: kevin@sheerinlaw.com

Call: 516-248-3494

Visit his website: www.sheerinlaw.com

https://www.facebook.com/Law-Office-of-Kevin-P-Sheerin-275342279259723/

 

 

 

 

 

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Law Office of Kevin P. SheerinAppealing 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 who can 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, review the records from the department you applied to, and then write a report giving 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 your 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 NYPD Psych DQ can be found here.

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

If you have questions and would like to schedule a free consultation at my Mineola office, please do not hesitate to contact me at 516 248 0040.

Email me: kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com

Read my blog about Civil Service issues: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

 

 

 

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

https://www.facebook.com/Law-Office-of-Kevin-P-Sheerin-275342279259723/

 

 

 

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It can’t get any worse…

If you are currently disqualified, it can only get better. You have two chances to succeed. First, you could win at a re-interview at the NYPD Psych DQ Notice of Proposed Disqualification phase. It is extremely important that you have knowledgeable, experienced mental health professionals and attorneys to help, guide and prepare you for any re-interview.

If you are unsuccessful, you have a second chance to win with an appeal to the New York City – Civil Service Commission, which holds hearings and may rule that your disqualification was improper. Naysayers and critics will claim that no one ever wins, but that is not true. Recently candidates have had their NYPD Psych Review disqualification reversed at the NOPD re-interview. Additionally, candidates have had their disqualifications reversed after hearings at the Civil Service Commission. However, your  disqualification will not be reversed if you do not take action.

Law Office of Kevin P. Sheerin

As a civil service attorney with more than 18 years of experience, I have helped many NYPD candidates win their disqualification appeal. I can help you too.

If you have questions about your disqualification and would like to schedule a free consultation, please do not hesitate to call me at 516 248 0040.

You can also email me at kevin@sheerinlaw.com

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

 

 

 

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New York Civil Service Attorney Law Blog | Law Offices of Kevin P. Sheerin

If you received a Notice of Proposed Disqualification (NOPD), you can appeal. I offer a free consultation for NYPD Psychological, medical or character/background disqualifications. Please call 516-248-3494 or email me at kevin@sheerinlaw.com to arrange for your free consultation. There are two factors that 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 NOPD on your own may cause you to miss out on opportunities to make crucial arguments that can turn the appeal in your favor.

Law Office of Kevin P. Sheerin

HERE ARE JUST A FEW OF THE MANY CHARACTER DISQUALIFICATION SUCCESS STORIES I HAVE ACHIEVED FOR MY CLIENTS:

N.Y.P.D. POLICE CANDIDATE WAS DENIED DUE TO HIS DRIVING RECORD –
The Applicant was a NYPD Police Candidate. Due to his active status in the military, the candidate was unaware he had infractions on his driving record and could not resolve them immediately due to deployment. I presented this case in front of the New York City Civil Service Commission and established that when Appellant became aware of the infractions, he reported them consistently and credibly. After further consideration, the Commission reversed the disqualification.

NASSAU COUNTY CORRECTIONS OFFICER WAS DISQUALIFIED FOR BACKGROUND REASONS –
A Corrections Officer candidate was denied by The Nassau County Civil Service Commission because of his failure to finish school, as well as his prior private employment issues and arrest record. I represented the client and put together a compelling argument stating that the candidate had turned his life around and worked very hard to get to where he is today despite past circumstances out of his control. After reviewing the appeal argument, the Commission rescinded their disqualification for the Applicant.

If you would like a chance of becoming a success story by having your disqualification reversed, please feel free to call 516-248-0040 or email me at kevin@sheerinlaw.com to discuss your NYPD Psych Review and/or NYPD NOPD Psych DQ appeal.

You can also…

Visit my website www.sheerinlaw.com for more information about NYPD disqualification appeals.

Visit my blog civilservice.sheerinlaw.com for more information about Civil Service disqualification appeals.

Twitter feed: @dqlawyer

Facebook: law_office_of_kevin_p_sheerin

 

 

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The disappointment and frustration of receiving a disqualification letter from NYPD, FDNY, DSNY or New York City Department of Corrections can be addressed by taking action rather than giving up. One of the great parts of New York City civil service jobs is the New York City Civil Service Commission.  The process of appeals has improved dramatically over the  more than 18 years I have been helping disqualified candidates appeal their disqualifications.

I have created this video to explain the civil service job disqualification appeal process.

Visit my website http://www.sheerinlaw.com  for more information about the disqualification appeal process.

Law Office of Kevin P. Sheerin

I have been a civil service disqualification appeals attorney for more than 18 years. During that time I have helped many clients win their appeal. I can help you too.

If you have questions and would like to schedule a free consultation, please contact me at 516 248 0040.

Email me: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

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Law Office of Kevin P. SheerinIf you are in the hiring process for a New York City Civil Service job and you would like to find out when your eligible list expires:

Dial 212-669-1357
Press 2
Enter your social security number

The DCAS help line will tell you when your list was established, and when it will expire. The expiration date is usually 4 years after the list was established or promulgated.

If you received a NYPD Disqualification letter you would probably need one (1) year to process your appeal, and if you succeed in your disqualification appeal, be appointed to the NYPD. Therefore, you should write to your investigator and request that action be taken on your file to allow yourself sufficient time to appeal if you are disqualified.

I have been a civil service disqualification appeals attorney for more than 18 years. During that time I have helped many clients win their appeal. I can help you too.

If you have questions and would like to schedule a free consultation, please feel free to contact me at 516 248 0040.

Email me: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

 

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As a civil service attorney with more than 18 years of experience, I have successfully helped many of my clients win their NYPD disqualification appeal. I can help you too.

RECENT CLIENT REVIEWS AFTER SECOND INTERVIEW:

March 23, 2021 – “I was found psychologically qualified after a second interview with the help of Kevin Sheerin… Thank you so much Kevin Sheerin…”
Vijay G.

February, 2021 – “Kevin Sheerin helped me prepare for a second interview which I passed! Always attentive, caring and responsive. Completely recommend!”
V.V.

February, 2021 – “Mr. Sheerin is by far the best…  I have had an overall great professional experience, and he never gave up hope for me… 1000% recommend!”
Emmanuel C.

January, 2021 – “I was on dreaded psych review for over a year and could not get an answer from my psychologist about anything. After waiting for such a long time I turned to Kevin and his team for help… Kevin was able to get me my NOPD and immediately… appeal it. After repeating the psychological I was found to be qualified to be a police officer. I’m now in the NYPD and happy with my career. If you hire Kevin you won’t regret it!”
Connor O.

August, 2020 – “My experience with Mr. Sheerin was great from start to finish. I contacted Mr. Sheerin when I first got my NOPD, and he got to work right away. With his help I was able to thoroughly prepare for my second interview with the NYPD, which was a success.”
Anthony R.

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

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.

If you have questions about your Disqualification and would like to schedule a free consultation at my Mineola office, please feel free to call me at 516 248 0040 to discuss your appeal.

Email: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: civilservice.sheerinlaw.com

Facebook: Law_Office_of Kevin_P._Sheerin

Twitter: @DQLawyer

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