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This step-by-step guide will help you navigate the psychological appeal process with the New York City Police Department (NYPD). Keep in mind, this is a general overview, so you should consult with an attorney or professional who specializes in civil service appeals regarding your specific case.
1. Receiving and Understanding the Initial Notice
- If you received a Notice of Proposed Disqualification (NOPD) for a psychological evaluation, the NYPD is proposing to disqualify you based on psychological suitability. The NOPD gives you a deadline (generally 30 days) to respond and/or begin the appeal process. This date is crucial, as missing it may cause your disqualification to become final, causing you to lose your right to appeal.
You should immediately:
- Note the date the notice was issued as well as the deadline.
- Read the letter carefully, as it may specify how you should respond (such as, select a mental-health professional, submit a written statement, etc.).
- Keep all of your emails, notices and documents you have received regarding the process.
- Never ignore notifications you receive and never miss dates.
2. Choose Your Appeal Options:
After you receive your NOPD, you generally have two routes (or a combination thereof) for appeal:
(a) Hire a Licensed Mental-Health Professional (MHP)
- You will generally be given the option to designate a licensed mental health professional (psychologist, psychiatrist or LMSW) to review your file, request the NYPD’s psychological assessment and prepare a report on your behalf. At this point you will submit a notarized Authorization for Release of Personal Information, naming your MHP, as well as their letter requesting your file. Your MHP will then review your file, probably interview you and then prepare a rebuttal or supplementary report asserting your suitability.
(b) Submit a Written Statement or Explanation
- If you choose to not hire an MHP right away, you may have an opportunity to write a statement explaining why you believe you are psychologically suitable and why the proposed disqualification should be reconsidered. However, this route is less common and usually less successful, but is still a legitimate part of the process.
(c) Consult Legal Counsel
- These cases can get complicated, as they involve civil service law, state licensing regulations for psychologists and employment rights, so many candidates choose to hire an attorney experienced in NYPD appeals. Legal representation can help you with verifying your Evaluator, requesting data, preparing documents and filing appeals.
3. Gather Your Records and Build Your Case
In order to create an effective appeal which proves your suitability, you should gather any and all documents and records that address the concerns raised in the original evaluation.
Things to Do and Consider:
- Timeline: Record dates of each evaluation step, the name of your Evaluators and any notices you got.
- Evaluator License: Confirm that the psychologist who evaluated you was licensed under NY State law.
- Therapy and Progress Documentation: If you had prior mental-health treatment, you should share your progress, stability and therapy outcomes, as these can strengthen your case. Past therapy or mental-health counseling is not an automatic disqualifier, but how you present the information (ie: your growth and suitability) is very important.
- NYPD File: Your MHP will obtain your NYPD psychological file; You should request copies or ensure your representative gets it.
- Supplemental Reports and Letters: Letters of recommendation, psychological assessments, your statement of fitness for duty and evidence of stress management, maturity and resilience are all value to your case, and should be added in as part of your Appeal.
4. Submit Your Appeal/Response
- Ensure your appeal package is submitted before the deadline.
- Confirm the NYPD has received your materials and keep proof of submission (emails, certified mail receipt, etc.).
- If there are any filing form to complete, do them promptly.
5. Your Review and Secondary Interview or Evaluation
- If your appeal is accepted for review, possible outcomes include: the NYPD rescinds the proposed disqualification and you’re found psychologically qualified, or they schedule a second interview with the Department’s psychologist. During this stage you may be asked to appear for another psychological interview or testing, and you should always be prepared, professional, honest and well-rested.
6. Final Decision: Notice of Disqualification (NOD) or Qualification
- After review, the NYPD will issue a Notice of Disqualification (NOD) if your disqualification is final, or send you a notice of qualification if you succeed.
- If you receive an NOD you still have an option to further appeal (to the New York City Civil Service Commission through Article 78) or similar administrative proceeding.
- If you are found qualified, you can proceed with the hiring process (academy, etc), however, other agencies may still ask about prior disqualifications, so candidates should remember that honesty is always the best policy.
7. After the Decision: Next Steps
- If Qualified: Remain mindful of the remaining steps (such as medical exam, physical fitness, background check).
- If Disqualified: Remember you have options (you can accept and reapply later or Appeal further with legal assistance. Always keep records of everything you did, because future employers or agencies may ask about your psychological evaluation or any disqualification history.
8. Practical Tips and Best Practices
- Respond promptly — missing a deadline can forfeit your appeal rights.
- Choose your MHP wisely — Someone experienced with law enforcement screening appeals.
- Be honest in your statements and interviews — Failing to reveal or explain prior issues can undermine credibility.
- Document improvement — Showing you have taken steps (such as counseling, stress-management and leadership roles) strengthens your case file.
- Stay engaged — Check your email daily if you’re a candidate, as communications may arrive electronically.
- Prepare for delays — Appeals may take a few months to a year.
Navigating an NYPD psychological appeal is complex. If you receive a proposed disqualification act quickly, gather your records, hire a qualified mental health professional and an attorney, submit your materials before the deadline and follow through the review process. With the right preparation and documentation, you have a good chance of overturning a decision or establishing suitability.
If you receive an NOPD or NOD, feel free to contact Kevin at 631-239-5825 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
Podcast: www.newyorkcivilservicelawattorneypodcast.com
-What are the Steps to an NYPD Psychological Appeal?
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