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Post by bootstrap on May 2, 2013 4:29:16 GMT -5
Certain posters have indicated success with technical appeals (see Appeal Thread, last post October 9, 2007) and others have indicated receiving denials of such appeals (see Technical Appeal Thread, last post April 1, 2007). Again, it appears that there is no rhyme, reason, standards or consistency as relates to the ALJ application process. However, as indicated in my previous posts, I'm going to give the appeals process a shot.
I am interested in hearing from those who successfully appealed either a qualifications or technical NOR, and created a separate thread asking for appeal advice.
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Post by Deleted on May 2, 2013 5:26:23 GMT -5
I literally used broad strokes ("I practiced criminal law from June 2006 to July 2012") and highlighted it with overlapped specific cases ("from June 2006 to July 2007 I represented a teen accused of robbery") that covered the entire seven-year period. I actually started with ODAR last Oct and received permission to continue to practice three high dollar cases I did not want to lose, so my litigation experience has continued WHILE gaining admin experience.
I think arbitrary and capricious is appropo.
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Post by JSteele on May 2, 2013 5:35:42 GMT -5
Whoa -- maybe people with 30+ years of litigation experience were rejected because OPM figures they will be retired by the time they even get through the application process . . . And maybe people with mixed work experience were rejected because it just got too confusing for OPM to follow. . . I have just seven years 3 months, all spent at the same litigation shop, so my one segment of experience was dated December 2005 to the present. And I got my email for phase 2 right away. I too have all my experience at one employer plus my JAG work. I did not break it down by percentages on the free form USAJOBS application. I had submitted a detailed resume so I assumed, stupidly, that they would review that! Apparently not. That's ok, appeal, appeal, appeal
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Post by JSteele on May 2, 2013 5:37:06 GMT -5
Just a reminder. If so inclined update the poll "2013 ALJ announcement; 1st round results" Thanks for the reminder, I hopped on over there but it looks like only a couple of us did. Hey all - please go to the polling palace and enter your rejection so we can keep track of this nonsense for the good of us all. Thanks much!
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Post by JSteele on May 2, 2013 5:37:55 GMT -5
....and as a side note I find it amusing that our NOR said an appeal email will follow, but no email. It's almost like they give us enjoy to spool us into a frenzy then nuthin'.
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Post by lawclerkguy on May 2, 2013 6:20:27 GMT -5
I got the same message last night too.
I have been a federal district court law clerk almost 13 years. I assumed that would count. Any thoughts?
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Post by agilitymom on May 2, 2013 6:36:56 GMT -5
I copied this from the Vacancy Announcement:
Non-Qualifying Experience: Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying. Listed below are some examples of types of positions which are not qualifying:
•Claims Reviewer •Clerk of Court •Conferee •Contracting Officer •Insurance Adjuster •Moderator •Officer of any court not of record •Rating Specialist •State Unemployment Insurance Supervisor •Law Professor
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Post by trelrae on May 2, 2013 7:02:11 GMT -5
I received the exact same notification. On to the appeals process.....
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Post by JSteele on May 2, 2013 7:07:34 GMT -5
I copied this from the Vacancy Announcement: Non-Qualifying Experience: Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying. Listed below are some examples of types of positions which are not qualifying: •Claims Reviewer •Clerk of Court •Conferee •Contracting Officer •Insurance Adjuster •Moderator •Officer of any court not of record •Rating Specialist •State Unemployment Insurance Supervisor •Law Professor well then my over 7 years as an attorney litigating cases at the administrative appeals level all the way up to the state Supreme Court as well as my JAG time before administrative boards should count.....I think it was a matter of packaging for me. I will move onto the appeals and I think most of us with the requisite experience will be successfull. It's just a matter of making these autobots actually read the applications!! (can ya tell I am annoyed that I got the NOR late last night and couldn't sleep so instead I got up and ate something really bad).
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Post by trelrae on May 2, 2013 7:13:21 GMT -5
Aljfaq - when you listed your experience did you say exactly that you spent 100% of your time doing that? My experience is much like yours....full time doing the same thing.....I was a claimant's representative. I didn't say 100% b/c I indicated that I do that full time.....
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Post by bootstrap on May 2, 2013 7:13:38 GMT -5
I am pasting the post below from another thread. The poster was apparently successful with his appeal of a technical denial:
Tricia: My e-mail appeal was as follows (with redactions):
"I received a notice (NOR) today, July 11, 2007, stating that I was ineligible (rating IMQL) because I had not provided sufficient licensure information.
STATEMENT OF BASIS FOR APPEAL
I provided a list of all jurisdictions in which I am admitted on my attached resume, although I did not list my bar numbers. I am admitted in States X and Y. The complete list of jurisdicitions to which I am admitted and in good standing, including my bar numbers, are as follows:
Court/ State Date of Admission
State of X Bar No. XXXXX date
U.S. District Ct State date
X Circuit Court of Appeals date
State of Y Bar No. xxxxx date
U.S. District Ct State date
U.S. District Ct State date
U.S. District Ct State date
United States Supreme Court date
Y Tribal Court date
X Tribal Court date
U.S. Dist Ct. State date
X Circuit Court of Appeals date
I am admitted in two states, State A - Bar No. xxxxx, date; and State B, Bar No. xxxxx, date.
I am admitted to the United States Supreme Court, date;
I am admitted to the Courts of Appeals for the x and y Circuits;
I am admitted to the Federal District Courts in X, Y, & Z
--------------------------------------------------------------------------------
I hope that this provides the information you need to include me in the panel of qualified applicants.
Carjack, Esq. State A Bar No. XXXXX State B Bar No. XXXXX SSN: xxx-xx-xxxx"
Because my bar numbers were the missing link, I put those down several times. I understand they wanted the month, day, and year on admissions which I know I put in my original, so I didn't stress that as much. Hope this sheds some light.
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Post by luckylady on May 2, 2013 7:33:13 GMT -5
I received the same e-mail this morning. How do we appeal these decisions?
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Post by JSteele on May 2, 2013 7:37:56 GMT -5
I am pasting the post below from another thread. The poster was apparently successful with his appeal of a technical denial: Tricia: My e-mail appeal was as follows (with redactions): "I received a notice (NOR) today, July 11, 2007, stating that I was ineligible (rating IMQL) because I had not provided sufficient licensure information. STATEMENT OF BASIS FOR APPEAL I provided a list of all jurisdictions in which I am admitted on my attached resume, although I did not list my bar numbers. I am admitted in States X and Y. The complete list of jurisdicitions to which I am admitted and in good standing, including my bar numbers, are as follows: Court/ State Date of Admission State of X Bar No. XXXXX date U.S. District Ct State date X Circuit Court of Appeals date State of Y Bar No. xxxxx date U.S. District Ct State date U.S. District Ct State date U.S. District Ct State date United States Supreme Court date Y Tribal Court date X Tribal Court date U.S. Dist Ct. State date X Circuit Court of Appeals date I am admitted in two states, State A - Bar No. xxxxx, date; and State B, Bar No. xxxxx, date. I am admitted to the United States Supreme Court, date; I am admitted to the Courts of Appeals for the x and y Circuits; I am admitted to the Federal District Courts in X, Y, & Z -------------------------------------------------------------------------------- I hope that this provides the information you need to include me in the panel of qualified applicants. Carjack, Esq. State A Bar No. XXXXX State B Bar No. XXXXX SSN: xxx-xx-xxxx" Because my bar numbers were the missing link, I put those down several times. I understand they wanted the month, day, and year on admissions which I know I put in my original, so I didn't stress that as much. Hope this sheds some light. Thanks for the info. Mine was the explanation of experience wasn't thorough enough. In your search, did you find this issue addresses in previous posts?
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Post by JSteele on May 2, 2013 7:39:15 GMT -5
I received the same e-mail this morning. How do we appeal these decisions? Per the rejection, we are to get another email explaning the process. As I noted previously, I think it's funny that that email has not been sent yet. Seems like it would be generated at the same time as the rejection email. Or actually included in the rejection email. This whole process is very odd to me!
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Post by Deleted on May 2, 2013 7:54:45 GMT -5
I wonder if I pointed out the spelling error in the email "office of personnel managemen" if they would reconsider.
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Post by 71stretch on May 2, 2013 8:19:41 GMT -5
For those of you who received this email, there are several past threads on appeals. Here's one: www.aljdiscussion.proboards.com/thread/1670/appeals I did a search for threads only, with appeal in the title, and qualifications as a keyword. Interestingly, one of the posters in the linked thread in this post, peterprinciple, (he may have been the OP) won his appeal and later got an appointment as an ALJ. So, there is hope.
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Post by Cupcake on May 2, 2013 8:24:11 GMT -5
I too received my NOR email last night. I am wondering if my 3 years as a trial court law clerk (working as a law clerk for a Circuit Court Judge) did not count as qualifying experience.
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Post by JSteele on May 2, 2013 8:36:09 GMT -5
For those of you who received this email, there are several past threads on appeals. Here's one: www.aljdiscussion.proboards.com/thread/1670/appeals I did a search for threads only, with appeal in the title, and qualifications as a keyword. Interestingly, one of the posters in the linked thread in this post, peterprinciple, (he may have been the OP) won his appeal and later got an appointment as an ALJ. So, there is hope. Thanks! I was going to do that myself but I am finding the new forum setup not that user friendly, then again it could just be me
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Post by JSteele on May 2, 2013 8:37:17 GMT -5
I too received my NOR email last night. I am wondering if my 3 years as a trial court law clerk (working as a law clerk for a Circuit Court Judge) did not count as qualifying experience. Someone posted this previously, seems like your time as a clerk may not count. Non-Qualifying Experience: Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying. Listed below are some examples of types of positions which are not qualifying: •Claims Reviewer •Clerk of Court •Conferee •Contracting Officer •Insurance Adjuster •Moderator •Officer of any court not of record •Rating Specialist •State Unemployment Insurance Supervisor •Law Professor
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Post by 71stretch on May 2, 2013 8:38:30 GMT -5
I too received my NOR email last night. I am wondering if my 3 years as a trial court law clerk (working as a law clerk for a Circuit Court Judge) did not count as qualifying experience. My guess would be no, at least as OPM would see that work. They've already said that being a "court clerk" isn't qualifying, and the distinction between a court clerk and a law clerk for a judge might be lost on them. And, the work a law clerk does is much different than the work the litigators before them do, or the judge who actually decides the case.
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