There is some confusion among candidates about whether they must appeal a NYPD psychological review Notice of Proposed Disqualification (NOPD). To clarify: YES, you must appeal a NYPD NOPD psychological disqualification at the NOPD stage or your appeal will be dismissed. The Psychological Assessment section file may only be reviewed by a licensed health care professional. Your only opportunity to have your Psychological Services Assessment section file reviewed during this administrative process will be at this time. IF YOU DO NOT SUBMIT ADDITIONAL INFORMATION BY THESE DEADLINES, THIS PRELIMINARY DETERMINATION OF PSYCHOLOGICAL UNSUITABILITY WILL BECOME FINAL. YOU WILL NOT HAVE AN OPPORTUNITY TO HAVE YOUR FILE REVIEWED BY A LICENSED HEALTH CARE PROFESSIONAL DURING THIS ADMINISTRATIVE PROCESS AND YOU WILL RECEIVE NOTIFICATION THAT YOU HAVE BEEN DISQUALIFIED.

If you try to begin your appeal at the Notice of Disqualification (NOD) stage, as some people will advise you to do, the NYPD Legal Bureau will move to dismiss your appeal for failing to exhaust your administrative remedies and failing to have your psychological file sent to your Mental Health Professional (MHP) at the NOPD stage. Your appeal may be dismissed.

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

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.

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

Please visit my blog at New York Civil Service Attorney.

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

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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 2^nd 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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