July 29

What to Do if You Receive a NYPD Disqualification

We are here to assist you if you receive a NYPD Disqualification…

Feel free to call us at 516-248-0040 or email me: kevin@sheerinlaw.com.

There is a two step appeal process:

The first step in the appeal process is to appeal to the NYPD, who will review the appeal package you submit. In the case of psychological disqualifications you may get a second psychological interview. If you receive a second psychological interview it is best to prepare with an expert. The main issues that will come up in the second psychological interview are obvious.

The next step in the appeal process would be a Notice of Disqualification (NOD) which would be appealed to the NYC Civil Service Commission. The Commission holds hearings to determine if your disqualification was improper.

When you are disqualified, that disqualification will not be reversed unless you choose to take action. I have been assisting disqualified NYPD, FDNY, DSNY, NYC DOC candidates for more than 18 years. Each appeal is different, just as your history of school, work and personal relationships are different.

Law Office of Kevin P. Sheerin

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

If you have any questions about your disqualification, please do not hesitate to call me at 516 248 0040. I would be happy to speak with you to see if I can help you with your appeal.

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

Police Officer Shot in the Bronx, NYPD Says

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July 29

BE CAREFUL when hiring a Psychologist to help with your appeal…

Part of the appeal process for psychological disqualification is finding a psychologist who will help you by making the strongest arguments for your candidacy. If the psychologist is unable or unwilling to look at your good points, strengths, adversities you’ve overcome, accomplishments, perseverance over hardships, and persistence in improving despite any difficulties or disabilities you may have had, then you should look for a different psychologist. The psychologist you hire SHOULD BE ON YOUR SIDE, advocating for you. Before you choose a psychologist to assist you with your disqualification appeal, ensure that you have an agreement with them, that if they don’t believe you are qualified, they will let you know beforehand, and they will not forward their report to any hiring agency, such as the NYPD, stating that you are psychologically unsuitable.

Beware of psychologists who charge you a very low fee, tell you they will help you and then do a superficial interview, as they may simply use the NYPD’s testing to confirm that you are unsuitable, and then send a report to the NYPD stating that you are unsuitable, without ever telling you. If this happens, not only did they not help you, but they have destroyed any chance you had of ever becoming a NYPD officer.

You should make a clear agreement with any psychologist you hire that they will discuss their findings with you BEFORE sending any report to the NYPD.

The psychologist you are considering MUST understand that they are supposed to be advocating for you, and if they don’t believe you are suitable, then they should let you know that they cannot support your candidacy, AND FURTHER AGREE that they will not forward any report to the NYPD if they come to such a conclusion.

If this does happen, at least you will have an opportunity to find someone else that is willing to help you and support your appeal.

You can read my e-book about the disqualification appeal process by clicking this link.

http://www.sheerinlaw.com/wp-content/uploads/2017/02/Appealing-a-New-York-Civil-Service-job-disqualification.pdf

Here are two videos that discuss the appeal process.

Law Office of Kevin P. Sheerin

If you have any questions and would like to discuss the appeal process, please feel free to call me at 516-248-0040. You can also email me at kevin@sheerinlaw.com with any questions, and let me know a good time to reach you for a free phone or zoom consultation.

Email me: kevin@sheerinlaw.com

Website: www.sheerinlaw.com

Blog: 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 29

You Must Appeal Your NYPD NOPD Psychological Review or Your Case will be Dismissed Later

Law Office of Kevin P. Sheerin

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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July 29

E-BOOK – APPEALING CIVIL SERVICE DISQUALIFICATIONS

For more information on how to appeal a Civil Service Disqualification click on the link below:
https://www.facebook.com/275342279259723/videos/628229594250886/

I have been a New York Civil Service Law Attorney for more than 18 years. 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.

Law Office of Kevin P. Sheerin

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

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

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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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