May 26

Should You Appeal a NYPD Disqualification?

Some of the most frequent questions I receive:

Should I appeal my Civil Service job disqualification?

Well, consider what happens to your chances of being a law enforcement officer if you let your disqualification stand.

Most law enforcement agencies are required to conduct an investigation for every exam you take. But how authentic will it be?

Possibly not so in depth because the person doing the investigation or testing will have in the back of their mind that you were already disqualified by another agency.  They may try to piggyback on that decision.

So your chances of ever being in law enforcement are severely damaged by your failure to take action to fight your disqualification. By fighting your disqualification the situation never gets worse – it can only get better. That is, the disqualification could get overturned.

Agencies will even use the fact that you did not appeal your disqualification against you and say that you did not even appeal last time you were disqualified, which they imply shows that the disqualification was proper.  They do not say that you didn’t appeal because you didn’t have the funds, time, energy, were a student, were living out of the country or were in the armed forces.  They only state that you were disqualified and did not appeal.

Law Office of Kevin P. Sheerin

Call me to discuss your NYPD disqualification or other disqualifications such as, FDNY disqualification, NYC Department of Corrections disqualification or New York State Civil Service Law disqualifications.  Call my office toll free (888) 998-9984 or email me at kevin@sheerinlaw.com.

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 about your disqualification and would like to schedule a free consultation please feel free to 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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May 18

NYPD Applicant Advice to Prevent Disqualification

If your goal is to become a police officer, you must do considerable homework before filling out any forms, meeting with any investigator or attending any psychological evaluation.

You must research your school records, obtain your school transcript, and be ready to discuss any disciplinary history, as well as any withdrawals and/or failed classes. You must also know the dates and semesters you attended both high school and college.

You should also be able to describe all of your employment history in detail, with specifics regarding each job and job title. You must also know the start date and end date for each job, as well as any written disciplinary reports that appear in your personnel file. If you were fired from a job and someone contacts you asking for an explanation, you will not be able to brush it off by saying it was because you were written up for a lateness or some other infraction. You must be able to clearly present the facts regarding everything that occurred throughout your employment, including periods of unemployment (if any). If you were terminated from a job, you should disclose your termination because when the NYPD gets your Social Security lifetime history they will see exactly what jobs you have had, and will ask you to explain why you were let go from certain jobs.

If you have previously, or are now caring for a family member, you should have all of the dates and times clearly noted, as well as a list of the doctors your family member needed to see while under your care. You should also create a list of all of the household chores, including food shopping, trips to the pharmacy etc. that you did while caring for them.

The next most important thing you should do is get your LIFETIME driver’s abstract from the NYS Department of Motor Vehicles. Go to the DMV website for instructions on how to do this and give yourself a couple of weeks to receive the document. When you get it, you should review it carefully, so you know each and every violation you ever received. You must also make sure you are prepared to talk about what occurred that caused you to get the violation and be able to offer an explanation.

If your driver’s license was suspended or revoked you should act quickly to get the matter cleared up.

Problems will occur if a candidate appears before their investigator with an incomplete application booklet, vague references, no specifics and/or inaccurate or incomplete information.

Because you are expected to explain, in detail, the facts of your life, responses such as “I forgot”, “I don’t know”, “I don’t remember” or “those records do not exist” are generally not accepted.

A thorough, complete and accurate application package with specific dates, times and explanations will go a long way towards helping you get hired.

The same goes for the psychological interview. Before the psychological interview, you will be asked to fill out a form. The information on that form must correspond with all of the prior forms that you have already filled out. If there are any inaccuracies, or the forms you provided have any conflicting information on them, you will be thoroughly questioned about what is going on. Be sure to gather all of the facts before you begin the police officer application process.

Law Office of Kevin P. Sheerin

If you are disqualified, I am happy to assist you with the appeal of your disqualification. I offer a free in office, zoom or phone consultation.  Please feel free to call me at 516-248-0040 or email me at kevin@sheerinlaw.com.

For more useful information please visit my website at www.sheerinlaw.com or my blog at civilservice.sheerinlaw.com.

Throughout my 18 years of experience as a civil service disqualification appeals attorney, 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 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

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May 14

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.

Please feel free to contact me by calling 516-248-3494 or emailing me at kevin@sheerinlaw.com.

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April 22

Appeal of NYPD Disqualification/Civil Service Disqualification

NYPDDaubman v Nassau County Civ. Serv. Commn., 195 AD2d 602 (2nd Dept 1993):

• The applicant, a police officer, applied for a position with the police department and passed the requisite examinations. The commission determined that the applicant was disqualified from eligibility based on an X-ray that revealed the presence of a back condition. The commission’s physician speculated that the condition could render the applicant more susceptible to a serious disability if he suffered a future back injury.
• The court held that the commission unlawfully discriminated against the applicant based on his mere membership in a class of persons with the same condition instead of on an individualized assessment of his particular abilities.
• The court held that the determination was arbitrary and capricious because it was premised upon speculation regarding possible future disability rather than fact or concrete medical evidence that the applicant was rendered unfit to perform his duties as a result of his condition.
• On appeal, the court granted the applicant’s petition, annulled the determination of the commission, and reinstated the applicant to the status of an eligible candidate for the position of police officer with the county.
• The court stated that there was no showing petitioner’s condition rendered him incapable of performing in reasonable manner activities involved in being a police officer. Furthermore, the court held that the Commission’s determination was premised solely upon speculation regarding possible future disability, and the record contains no concrete medical evidence demonstrating petitioner would likely be rendered unfit to perform police duties in the future as a consequence of his condition. Most importantly, the court decided that the Commission’s determination was arbitrary and capricious because it was premised upon speculation rather than fact.

Read about this Civil Service Disqualification case here.

If you have any questions or would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040.

Email: 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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April 7

NYPD Disqualification Appeal

If you received a Notice of Proposed Disqualification (NOPD) from the NYPD in your email inbox you can appeal. If you receive a NYPD psychological disqualification, medical disqualification or character/background disqualification, I offer a free consultation. Please call 516-248-0040 or email me at kevin@sheerinlaw.com to arrange for your free consultation. Two factors are crucial in your disqualification appeal. The first is following the appeal process. The second is the facts of your case.

It is vital that you consult with someone experienced in this type of appeals process. Appealing the NOPD on your own may cause you to miss out on the opportunity to make crucial arguments that could turn the appeal in your favor.

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 NYPD Disqualification and would like to schedule a free consultation at my Mineola office, please do not hesitate to call me at 516 248 0040 to discuss your appeal.

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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