June 11

Appealing a Civil Service Exam Disqualification

Law Office of Kevin P. Sheerin

Appealing 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 NYC or NYS 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 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 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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June 10

For NYPD Disqualification Eligible List Expiration call DCAS Helpline 212-669-1357

Law Office of Kevin P. Sheerin

If 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 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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June 9

NYC Civil Service Commission Appeals

Law Office of Kevin P. Sheerin

If you are disqualified from a New York City job, such as painter, electrician, computer specialist or any other job, you can appeal.

Often your first appeal will be to the Committee on Manifest Errors- CME. If the CME denies your appeal, your next appeal would be to the New York City Civil Service Commission. You must create specific, fact based arguments with precise details such as dates, times, agencies or departments and tasks performed to satisfy the experience portion of experience and educations positions. Vague or incomplete information will result in a disqualification.

If you receive a notice and want to appeal to the CME or NYC Civil Service Commission, please feel free to contact me at 516 248 0040 to discuss your options.

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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June 8

NYPD, FDNY, DSNY, NYC Dept. of Corrections Disqualification Appeals

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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June 8

Appealing a Civil Service Disqualification (Video)

Law Office of Kevin P. Sheerin

Below is a link to my video explaining the process for NYPD disqualifications, FDNY disqualifications, Department of Correction disqualifications, as well as other disqualifications.

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 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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