Psychological Disqualification Appeals

Psychological Disqualification Appeals

Law enforcement positions in the state of New York can provide a rewarding work-life, both socially and financially. These positions require responsible and adept employees skilled in a variety of areas, with the ability to cope with high-pressure scenarios. As a result, the screening process for law enforcement positions is quite extensive. As a result, an applicant to the New York City Police Department (NYPD), New York City Correction Department (NYCD), Nassau County Police Department (NCPD), and other law enforcement agencies may be disqualified from candidacy for a law enforcement position from one or a combination of the psychological screening, character screening, and medical screening processes that must be completed by all applicants. Attorney Robert B. Kronenberg, Esq., former New York City Police Captain, specializes in psychological disqualification appeals and character and medical disqualification appeals for all law enforcement positions.

What Is a Psychological Disqualification? 

A psychological disqualification is an action taken against law enforcement civil service candidates by law enforcement agencies due to issues that arise during the psychological evaluation process. It in no way means that an applicant is psychologically unstable, just that the employment agency feels their psychological skill set does not line up with the requirements of the position. These screenings may disqualify a candidate for consideration; however, they can be appealed and overturned.

How to Appeal a Psychological Disqualification 

It is important to note that you can appeal all disqualifications for becoming a police officer or law enforcement agent. You will be notified of disqualification through email or a disqualification letter. You will need to respond within a short time frame with a disqualification appeal letter expressing your wish to appeal the decision. If you do not prevail in an administrative appeal to the disqualifying agency, the New York City Civil Service Commission, and/or the Nassau County Civil Service Commission, you can commence an Article 78 action in the appropriate New York State Supreme Court. Pursuant to Article 78, you may appeal a decision made by a municipality or government agency that you believe to be arbitrary and capricious. Typically, an Article 78 proceeding is an action commenced in a New York State Supreme Court to request the court's intervention to overturn the municipality's or governmental agency's decision. Additionally, the Article 78 proceeding can ask the court to order the municipality or governmental agency to perform a function that, by law, they are mandated to perform. 

Your best chance of successfully appealing a disqualification is to employ an attorney specializing in disqualification appeals law.  Attorney Robert B. Kronenberg, Esq. can help you determine if you have the basis to commence an Article 78 proceeding. Mr. Kronenberg provides the highest level of disqualification legal services to ensure that your psychological disqualification appeal is pursued as effectively and efficiently as possible.

Why Get an NYPD Psychological Disqualification Appeal?

Prospective members of the NYPD will want to make sure that the police force views them as formidable and productive members of the police force. Obviously, this means that they should be mentally and psychologically sound. If the NYPD or other police departments view a candidate as psychologically unfit, they will likely be disqualified from any further consideration. Appealing a psychological disqualification appeal could be the necessary first step in gaining the respect of the police department that is so necessary for you to gain the respect and benefits of becoming an NYPD police officer. Our NYPD disqualification lawyer is here to help you. There are many benefits to becoming a police officer in one of the most prestigious departments in the world. For one, police officers in this department are more likely to have interesting job assignments than usual. This means that police officers in the NYPD have the pleasure of working in an exciting city and police department that is interested in serving the greater good. Working in the NYPD also gives its members plenty of opportunities for career advancement. It is not uncommon for members of this police department to advance their careers in a manner that is fulfilling to them because the responsibilities that they will shoulder will work towards maintaining the safety of a city so important to the economy and idiosyncrasy of the United States. The citizens of New York City are bound to need a police force made up of officers that protect their well-being and ensure that their lives in the Big Apple are safe and fulfilling. This kind of responsibility is attractive to people who want careers that mean something more than receiving a paycheck. 

NYPD Psych Disqualification Reasons

There are many reasons why someone would get served a psychological disqualification. For one, the psychologist or mental health professional that studied them may have gotten the impression that there are psychological issues that would impact the candidate’s ability to perform their duties effectively. Like any other professional, psychologists could make mistakes and not be truly effective in their initial assessment. This means that those that have been served with this kind of disqualification could get a new assessment from an independent psychologist that could give them a more accurate assessment of their psychological makeup that could work towards getting their dream career underway. A psychologist could deem a candidate unfit for police work if they note that they have issues managing their anger or if they do not handle stress and pressure well enough for intense police situations. These are often done under certain psychological tests that aid a psychologist to come up with a decision based on their independent judgment and analysis. This is why it is important to not rely on a single assessment from a psychologist to see where your career will eventually pan out. Our disqualification appeal lawyer recommends that these kinds of candidates try their best to get a solid analysis from an independent psychologist as soon as possible. 

What Happens if You Fail the NYPD Psych Exam?

Failing the NYPD Psych Exam is a significant concern for individuals aspiring to join the police force, especially those who have been disqualified in the past. There are some things that typically happen when you fail the NYPD psych exam. For one, failing the psychological evaluation results in disqualification from the NYPD hiring process. This means that you will not be eligible to proceed with your application to become a police officer. Prospective police officers will also have to undergo a waiting period before they reapply. 

How Long Does the NYPD Psych Appeal Take? 

If you do not pass the NYPD Psychological Test, you will be notified via email with a Notice of Proposed Disqualification (NOPD), indicating that you have been deemed psychologically unfit for the position of NYPD Police Officer. Following receipt of the NOPD, you have a thirty-day window to initiate an appeal. To increase the likelihood of a favorable outcome, it is advisable to engage the services of both a qualified attorney and an experienced psychologist who is well-versed in the appeals process. These professionals will assist you in preparing and submitting a rebuttal report, which will be forwarded to the NYPD Candidate Assessment Division for their review.

Is It Hard to Fail a Psych Evaluation in the NYPD?

The NYPD's psychological evaluation is conducted by licensed psychologists who are trained to assess a candidate's mental and emotional fitness objectively. Their primary goal is to determine whether an individual possesses the psychological attributes required to perform the duties of a police officer effectively. Candidates typically undergo a battery of standardized psychological tests. These tests are designed to measure various aspects of a candidate's mental health, including their emotional stability, impulse control, and stress tolerance. There are no "pass" or "fail" scores in these tests; instead, psychologists evaluate the results in the context of established norms.

How Many People Fail the Psych Test in the NYPD? 

According to Civil Service Success, “Statistics indicate that the psychological screening eliminates between 15% to 20% of the applicants. This elimination typically occurs because either the candidate changes their mind about pursuing a career in this field, or they're not approved by the psychologist to continue.”

Can You Be a Police Officer With Mental Illness in the NYPD?

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities, including mental illnesses, in employment. However, the ADA also allows employers, including law enforcement agencies like the NYPD, to establish certain job-related standards and qualifications, including physical and mental fitness requirements.

How to Pass the NYPD Psych Exam?

The most critical aspect of the psychological NYPD test exam is honesty. Answer all questions truthfully, as the licensed psychologists conducting the evaluation are skilled at identifying inconsistencies or attempts to deceive. Falsifying information can lead to disqualification. Another thing that our disqualification lawyer recommends is that you review the job description. In other words, familiarize yourself with the duties and responsibilities of a police officer in the NYPD. Understand the mental and emotional challenges that may arise during the course of duty and be prepared to discuss how you would handle them. These are also considerations that go into NYPD character disqualification appeals.  

What to Do if You Fail the NYPD Psych Test

The most important thing that you could do is to consult with an attorney who specializes in disqualifications. If you believe the disqualification was unjust or unfair, consider consulting with an attorney experienced in police recruitment matters. They can provide legal guidance, help you understand your rights, and walk you through the NYPD appeal process.

More About Disqualification Appeals New York

After receiving a psychological disqualification from a law enforcement agency, you’re advised to get the help you need as soon as possible. At times, waiting to take action can preclude your ability to appeal the decision. Most agencies, including the New York City Police Department, New York City Correction Department, and the Nassau County Police Department, have short periods of time for you to commence the appeal.  An NYPD psychological disqualification appeal and Nassau County Police Department typically between fifteen (15) and thirty (30) days. 

There are times when a psychological disqualification will lead to a hearing before the New York City Civil Service Commission. Mr. Kronenberg has many years of experience handling these hearings.

Attorney Robert B. Kronenberg, Esq., is a police disqualification appeal lawyer that can help you in the case of psychological disqualifications from law enforcement positions. Mr. Kronenberg works with psychologists who specialize in this area of forensic psychology to help appeal your psychological disqualification.

Contact us today to learn more about appeal a psychological disqualification and combating an NYPD proposed disqualification!

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.