What to do if you are Disqualified
First you must remember that you usually have only thirty days to appeal your disqualification, so you must act fast. Seeking the aid of a Civil Service Attorney is probably your best option, since they are familiar with all of 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. You must also provide any and all supporting documentation, as well as 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 supports 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 their review and 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, please contact me at 516 248 0040.
Email me: kevin@sheerinlaw.com
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