Attorney Services for NYPD Psychological Disqualification Appeals

An NYPD psychological disqualification can raise difficult questions for a police candidate, especially when the concern is based on a psychological evaluation rather than a written exam score or a single medical measurement. The decision can involve information from written testing, an oral interview, personal history, treatment history, employment history, or other parts of the candidate record.

At Disqualification Appeals, Robert B. Kronenberg represents candidates responding to proposed and final psychological disqualifications from the New York City Police Department (NYPD) and other New York law enforcement agencies. As a former New York City Police Department captain and an experienced NYPD disqualification appeal lawyer, he understands both the police hiring process and the civil service procedures that apply when a candidate is disqualified.

What Is an NYPD Psychological Disqualification?

An NYPD psychological disqualification occurs when the department determines that a candidate does not meet the psychological requirements for appointment as a police officer.

The psychological assessment is one part of the broader NYPD hiring process. According to the NYPD, the written portion includes autobiographical questionnaires, symptom inventories, and objective personality measures. The oral portion is a one-on-one evaluation in which a psychologist may ask about educational, employment, psychological, medical, legal, and social history, along with other areas considered relevant to the evaluation.1

A psychological disqualification is not the same as a character disqualification or a medical disqualification. Each type of determination focuses on different concerns and may require different evidence in response.

Does Mental Health Treatment Automatically Disqualify an NYPD Candidate?

No. The NYPD states that candidates are not disqualified simply because they have attended therapy or counseling. The department also states that there are no medications that automatically disqualify someone from being hired as an NYPD police officer and that there are no automatic mental health disqualifiers.1

Instead, psychological history is evaluated in context. Candidates may be asked about the reason for treatment, symptoms, medications, dates of treatment, how treatment progressed, and how they have been doing since.

This distinction matters because the existence of treatment or a diagnosis does not, by itself, explain why a candidate received a proposed psychological disqualification. The relevant question is what concern the NYPD identified after reviewing the candidate’s overall record and evaluation.

Candidates who want a more detailed explanation of possible concerns can review NYPD psych disqualification reasons.

What Happens During an NYPD Psych Review?

An NYPD psych review can involve written psychological testing, the oral psychological interview, and review of information from the candidate’s history.

The oral interview may cover areas such as employment, education, relationships, legal history, medical history, psychological history, and other information considered relevant to police service.1 Candidates should answer questions accurately and consistently with the information they have provided elsewhere in the hiring process.

Concerns identified during the psychological assessment may lead to additional review or a Notice of Proposed Disqualification. A candidate who receives that notice should focus on the specific concerns identified rather than trying to guess what the evaluator may have disliked.

Our article on NYPD psychological evaluation practices provides additional context about how the evaluation process can affect a later disqualification matter.

What Is a Notice of Proposed Psychological Disqualification?

A Notice of Proposed Disqualification is not a final decision.

Under the New York City Department of Citywide Administrative Services procedure for medical and psychological disqualifications, a candidate generally has 30 days to take one of the permitted response steps. The candidate may submit a written statement and supporting documentation or arrange for the psychological file supporting the proposed determination to be released to a licensed mental health professional who can review it and submit a report and additional documentation.2

That stage is important because it gives the candidate an opportunity to respond before the proposed psychological disqualification becomes final.

The appropriate response will depend on the concerns identified in the notice. Relevant material may include records, treatment history, employment information, explanations of events discussed during the evaluation, or an assessment from a qualified mental health professional when appropriate.

How Does an NYPD Psych Appeal Work?

If the hiring agency reviews the response and does not rescind the proposed psychological disqualification, it may issue a final Notice of Disqualification.

For New York City psychological disqualifications covered by the DCAS procedure, the final notice includes information about the candidate’s right to appeal to the New York City Civil Service Commission. That appeal generally must be filed within 30 days of the date of the final notice.2

An NYPD psych appeal is therefore different from the response to the original Notice of Proposed Disqualification. The proposed stage gives the hiring agency an opportunity to reconsider the determination. The Civil Service Commission appeal comes after a final disqualification.

Candidates can learn more about appealing a psychological disqualification and the broader NYPD psychological disqualification appeal process.

What Evidence May Matter in a Psychological Disqualification Case?

The useful evidence in a psychological disqualification case depends on the reason stated by the department.

A candidate may need to address an interpretation of prior treatment, an employment or disciplinary event, inconsistencies in the record, concerns raised during the oral interview, or other psychological findings identified during the assessment. In some cases, an independent psychological evaluation may help provide additional professional context.

The goal is not to submit as much material as possible. The goal is to address the concerns that actually led to the proposed or final determination.

Psychological concerns can also overlap with other parts of the candidate record. Information uncovered during the background investigation may contribute to a character disqualification, while physical health findings are handled through the medical disqualification process.

Frequently Asked Questions About NYPD Psychological Disqualifications

Can I Be Disqualified Because I Went to Therapy or Took Medication?

You will not automatically be disqualified because you went to therapy or you took medication. The NYPD states that therapy, counseling, medication use, and mental health history are not automatic disqualifiers. However, those factors can be reviewed as part of the psychological assessment, along with the reason for treatment, symptoms, treatment history, and other information in the candidate’s record.

What Happens if an Independent Psychologist Disagrees With the NYPD Evaluation?

An independent psychologist may be able to provide additional professional context or a different assessment of the concerns identified by the NYPD. Whether that opinion helps will depend on how directly it addresses the reasons for the proposed or final psychological disqualification.

Can I Appeal an NYPD Psychological Disqualification Without an Independent Evaluation?

You can appeal an NYPD psychological disqualification without an independent evaluation. However, know that though an independent evaluation may be useful in some cases, it is not the only type of evidence that may matter. Treatment records, employment history, documentation addressing specific incidents, and other information may also be relevant depending on the reason for the disqualification.

Work With an NYPD Psychological Disqualification Attorney

Robert B. Kronenberg at Disqualification Appeals represents candidates facing proposed and final psychological disqualifications. He reviews the notice, the psychological record, and the issues identified by the department to help determine what evidence and professional input may be relevant at that stage of the process.

Disqualification Appeals works with police candidates in the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as Nassau County and Suffolk County.

If you received a proposed psychological disqualification or a final Notice of Disqualification, contact Disqualification Appeals or call 631-234-4434 to discuss the notice, the deadline, and your options.

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If you are a candidate for a law enforcement civil service position experiencing a disqualification in the New York City Police Department (NYPD), New York City Correction Department (NYCD), NASSAU County Police Department (NCPD), or any law enforcement agencies, call the law office of Robert B. Kronenberg for the representation necessary for a disqualification appeal based on your individual case needs.

When faced with a psychological disqualification, you deserve to be treated with respect and to be represented by an experienced disqualification attorney. Contact us today at 631-234-4434.