July 28

NYPD Disqualification FAQs

Law Office of Kevin P. Sheerin
WHAT MUST I DO EVERY DAY AS A CANDIDATE? 

If you are processing to be a 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 NYPD psychological disqualification 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 will be 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 performance, problem free work and/or school records.  No involvement with law enforcement and a good driving record is also a plus.  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 increase significantly 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 many 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 – NOPD:

If you are a NYPD Police Officer candidate 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 a NOPD. You usually have thirty (30) days to file an Appeal. Sometimes you have only fifteen (15) days .

MEDICAL, PSYCHOLOGICAL DISQUALIFICATION

  1. File an appeal. Hire an expert to get the hiring agency file.
  2. Designate an expert. Prepare a rebuttal report.
  3. Attend an in office preparation or ZOOM interview for the re-interview to discuss key issues in the Psychologist’s reports.

You will re-interview with a different Psychologist, usually at the Lefrak City offices.

CHARACTER DISQUALIFICATION

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

B.   NOTICE OF DISQUALIFICATION – NOD:

  1. You will receive a letter saying you were disqualified from the 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. Attend an in Office Preparation for the re-interview, if granted, or Civil Service Commission Hearing, if granted.

C.   CPLR ARTICLE 78:

  1. Lawsuit is filed in the NYS Supreme Court.
  2. Ask the Judge to rule that the disqualification was arbitrary, capricious and/or irrational.
  3. Request for an order finding the decision to uphold the disqualification irrational.
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 your appeals attorney 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 it expires.  This is usually 4 years.

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 psychological 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.

In addition to free in office consultations, I also offer a free ZOOM consultation or phone consultation.

If you have questions about your disqualification and/or the appeal process and would like to schedule a free consultation at my Mineola office, please call me at 516-248-0040.

Email me: kevin@sheerinlaw.com

You can 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

My podcast about New York State Civil Service Law issues is: www.newyorkstatecivilservicelawattorneypodcast.com

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July 28

How to Appeal a NYPD PSYCH DQ

If you receive a NYPD psych dq you may be frustrated or disappointed after all the time and effort you put in during the application process.

Mistakes are made during the applicant examinations. That is why there is an appeal process.

If you receive a NYPD psychological NOPD please contact me at 516-248-0048 to discuss the appeal process and the facts of your case.

Law Office of Kevin P. Sheerin

My email is kevin@sheerinlaw.com

My blog is civilservice.sheerinlaw.com

My website is www.sheerinlaw.com

My podcast about New York State Civil Service Law issues is: www.newyorkstatecivilservicelawattorneypodcast.com

I am here to help you win your appeal.

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July 28

NYPD NOPD PSYCH DISQUALIFICATION-PICK YOUR MHP CAREFULLY

If you receive a NYPD NOPD psychological disqualification you must interview the psychologist you hire to represent you or face severe regrets afterwards.

There are psychologists charging very low fees to represent disqualified NYPD candidates in disqualification appeals and it seems like a great chance to get reinstated to the NYPD Police Officer eligible list.

Not revealed is that these psychologist will report that you are NOT PSYCHOLOGICALLY QUALIFIED for police officer and mail a report saying that as part of your appeal.

THEREFORE;

Before hiring a psychologist to represent you in your NYPD NOPD psych dq appeal you should:

  1. Ask the psychologist what their fee includes
  2. Will they let you know if they are going to write a report that agrees with the NYPD that you are “psychologically unsuitable”
  3. Let you see the report before they send it
  4. Agree that they will not send the report if they cannot support your candidacy.
Law Office of Kevin P. Sheerin

Sometimes a great price may generate the report that prevents you from ever being a law enforcement officer.

Ask some questions to prevent terrible results.

You can contact me at 516-248-0040

My email is kevin@sheerinlaw.com

My blog is civilservice.sheerinlaw.com

My website is www.sheerinlaw.com

My podcast about New York State Civil Service Law issues is: www.newyorkstatecivilservicelawattorneypodcast.com

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July 12

Rights of NYPD Proposed Disqualification Candidates

DCAS is New York City’s personnel department. DCAS has delegated the task of investigating applicants to the NYPD. You can appeal your NYPD disqualification. Applicants who are disqualified from appointment may challenge an agency’s findings on the grounds that such findings were made in bad faith or were arbitrary and capricious.

There are three potential appeals:

  1. NOPD – Notice of Proposed Disqualification. Based on NYS Civil Service Law 50(4) a hiring agency must give a disqualified candidate an opportunity to provide explanations for a proposed disqualification in writing.
  2. NOD – Notice of Disqualification. A disqualified candidate can appeal a disqualification to the Civil Service Commission.
  3.  If the disqualification is upheld by the Civil Service Commission the candidate can file an Article 78 lawsuit in the New York State Supreme Court in the County concerned.
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 at my Mineola office, please 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

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July 9

NYPD Disqualification Appeal

Law Office of Kevin P. Sheerin

As a New York Civil Service Law Attorney with more than 18 years of experience, I can help you with your disqualification appeal for the NYPD/NYC Police Department, FDNY/Fire Department of NYC, NYC Department of Sanitation, NYC Department of Corrections or DCAS/NYC Department of Citywide Administrative Services.

For answers to many of  your questions regarding NYPD Disqualifications and how the appeals process works, please view my video below.

If you have questions about your disqualification 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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