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Appealing a Medical Disqualification – The Power of Medical Documentation: In this post, we will emphasize the importance of medical documentation and how it can support your appeal. We will also provide guidance on obtaining and presenting relevant medical records to strengthen your case.
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 for medical reasons? If so, you only have thirty (30) 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 your disqualification appeal.
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.
In the case of a medical 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 who will review it in order to make their final determination. You have sixty (60) 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.
Watch the following video to learn more about NYPD Medical Disqualifications:
Kevin Sheerin is a civil service appeals attorney with more than 20 years of experience. If you have questions about your disqualification and would like to schedule a free consultation, please contact Kevin 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
Podcast: www.newyorkcivilservicelawattorneypodcast.com
-Appealing a Medical Disqualification
