May 20

NYPD Psychological Disqualification Appeal Process

The above video explains the NYPD psychological disqualification appeal process, and the steps you must follow to help you succeed. It outlines the NYPD psychological Notice of Proposed Disqualification (NOPD) steps, followed by what you should do if you receive a Notice for a 2nd interview. It further explains what you should do if you receive a Notice of Disqualification (NOD), which can be appealed to the NYC Civil Service Commission.

Law Office of Kevin P. Sheerin

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 13

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 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

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

  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 do not hesitate to 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

NYPD Disqualificaiton Appeals

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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 19

YOU MUST APPEAL NYPD PSYCH NOPD OR YOUR CASE WILL BE DISMISSED LATER

There is some confusion among candidates about whether they must appeal a NYPD psych NOPD (Notice of Proposed Disqualification).

To clarify, you must appeal a NYPD NOPD psychological disqualification at the NOPD stage or your appeal will be dismissed.

The Psychological Services 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, as many people would advise you at the NOD stage, 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.

If you have any questions, and you 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

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

nypd psychological disqualification appeal / nypd disqualification appeal lawyer / nypd psych appeal success rate / nypd psych disqualification reasons / nypd disqualification list / appealing nypd psychological / nypd nopd appeal success rate / nypd character disqualification

April 19

NYPD Psychological Disqualification Appeal

18 years ago I helped a NYPD Police Officer candidate with their disqualification and won the very first appeal I ever had before the New York City Civil Service Commission. The candidate had made some poor decisions in life by using drugs during high school and being issued a summons for making graffiti.  Since that time I have helped many disqualified candidates win their appeals for various civil service jobs. I can help you too.

Part of the success I’ve had is working with candidates by telling the story of their life, their background and their issues to prove their psychological suitability or ability to perform the job despite some imperfection or issue.

It is so important to get the facts before you act. In order to get the facts, a client needs to be interviewed for a thorough, complete and accurate report of anything that forms the rationale for the hiring agency’s decision to disqualify them. In addition, there is document review, which requires an in depth interview and a careful reading of all information that constitutes the disqualification decision.

Understanding the appeal process is also important. Knowing what arguments will be compelling and decisive provides the best value to the client to assure the best chances of success.

One of my greatest rewards is hearing from a client that they have been successful.

Fortunately for candidates, the NYPD Psychological Disqualification appeal process lately has resulted in more reversals after a second interview at 1 Lefrak City Plaza in East Elmhurst, Queens. Preparation with disqualified clients has lead to increased percentages of reversals after the second interview. Tips and tactics and how to avoid the traps that could cause you problems are the main focus of the preparation.

It has been my pleasure over the years to assist disqualified candidates to open up and explain what has happened, and to take a deep dive into their past to understand not only the negative things but, also the positive things that make them a good candidate. This includes: 1) military veterans, including those who served in combat; 2) people who have overcome adversity in their life, including those with difficult upbringings and/or limited opportunities; 3) people who have struggled with learning disabilities, individual education plans (IEPs), Special Education, Resource Room, Dyslexia and Attention Deficit Disorder; and, 4) those who have used Attention medicines or have other challenges.

I believe you will be satisfied with your efforts to successfully challenge your NYPD Psychological Disqualification. This is a process that is already in place and there is no harm in filing an appeal. If you have a strong interest in law enforcement or the NYPD in particular, you will need to challenge the disqualification. Over the years, all of these successful challenges have proven that not every disqualification is correct.

If you receive a NOPD, YOU MUST ACT! Your disqualification will become final unless you appeal.

I would be happy to speak with you to discuss your disqualification.

Please call me at 516–248–0040 or email me at kevin@sheerinlaw.com

Please visit my website
www.sheerinlaw.com

Please visit my blog: civilservice.sheeerinlaw.com

Also, visit my Facebook
page which is Law Office of Kevin P Sheerin

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