Grounds for appeal

[tdtksbp]

I was just wondering what those who had appealed after getting their final score used as grounds? Since our cumulative/final score was not broken down, what arguments did you use to justify your request? I have not decided yet whether to appeal, although my score is so low I do not see how it can hurt.

[arlene25]

TDTKSBP

I used the fact that I had requested a final breakdown of my scores, but had not received it. I also said that I thought my years of litigation must have been some how interpreted incorrectly. Not very much granted, but it's all I had. Like you even if they took away points, my score is so low!!!!! good luck.

No very legal or persuasive, but it's all I had.

[cae]

Arlene and Golden Girl: having decided to file an appeal, since I also have so low a score there is nothing to lose, can you tell me what the appeal process is? Is there a particular form they want, do I appeal to OPM directly, what??

[learnedhand]

Why not wait to see what OPM does before committing yourself? They have suspended the appeal deadline and should be getting back to us in December possibly with more information. At that time, they will also establish a new appeals period. There is a recent thread with the email, although you should have gotten one at the mailbox address you gave OPM.

[chris]

cae said:

Arlene and Golden Girl: having decided to file an appeal, since I also have so low a score there is nothing to lose, can you tell me what the appeal process is? Is there a particular form they want, do I appeal to OPM directly, what??

Nothing to lose? Of course there's something to lose. If OPM has the power to revise scores they have the power to revise them downwards as well as upwards. I doubt they would do that, but more important than that, they forever after consider you to be a trouble maker. Do you want that rep to folllow you 3 or 4 years into the future when your experience justifies a higher score and you're in a better position to get an ALJ job?

The better question is whether there is anything to gain. If you set forth no specific grounds for appeal, the most probable result is that OPM spends 60 seconds on your appeal and denies it. If you do not set forth an argument supporting a higher score, how do you expect them to give you a higher score?

[arlene25]

CAE: Learnedhand's advise is spot on. Originally in the three emails with your scores, one of the emails gave information on to appeal. It was basically to send an e-mail with appeal in the subject line and give the reasons why you thought there was a mistake in your score. The email was to be sent to the [e-mail]. So, it makes sense now to just wait for the December email from OPM. At that time, I may w/draw my old appeal and submit a new one depending on the info received. Good luck

[arlene25]

I concur with goldengirl's post.

[arlene25]

powerties, but in the email OPM said you would still be on the certificate even if you appealed the score. Of course, I'm not but I don't think it's because of the appeal.

[24kgoldengirl]

Chris:
It is a sad day when a candidate for the alj corps has so little confidence in the administrative process that he or she avoids the administrative appeal process out of fear of retribution/labeling. Do you have any basis for that post? If you do we should all be ashamed of our government. I put a lot of blood, sweat and yes-tears into this process and my career. I deserve a second look and I should not fear reprisal for exercising that right. Speaking of second looks, in the event that a second look renders a lower score, it does seem a little punitive that the lower score should stick. Call me naieve.... You probably won't get to call me Your Honor.
Proudly wearing the Scarlet "A" for life,
24kgoldengirl

[chris]

I have complete confidence in the process. I have confidence that if you set forth no legal basis you willl lose. I have confidence that if you make someone waste their time on an appeal with no legal support that the people who have to deal with that will be annoyed.

And, I have enough management experince to know that management types avoid employees who appeal personnel actions like the plague.

[Pixie]

For what it's worth, I have never known OPM to lower a score after an appeal. The only ones I know of who have appealed have had their scores raised a few points. I'm not saying that scores haven't been lowered, just saying that I haven't heard about it.

And look at the ones who caused a major problem for both OPM and SSA with their lawsuit: Donald Fishburn and Ann Azdell are both judges with SSA. In fact Judge Fishburn was an instructor for the 2001 class, which was the first class held in four years because of his lawsuit! Oh, the irony of that is lost on most of SSA.

So, even though Chris is right about the management mindset, follow your convictions. We might even see you teaching at a new judges' class in four years! Good luck. Pix.

[roggenbier]

My application was rejected because the raters could not verify my admittance to the Pennsylvania Bar. The best I could figure out was I had put my bar number down in my resume, but not in the question. I understand that some people, who had done the same thing were called back or had their appeal granted. I wanted to ask any of them who read this what more I can do, because this is clearly due to the failure of whoever or whatever rated my application. I did file an appeal.

[deadwood]

pixie said:

For what it's worth, I have never known OPM to lower a score after an appeal. The only ones I know of who have appealed have had their scores raised a few points. I'm not saying that scores haven't been lowered, just saying that I haven't heard about it.

I have a friend who made the last register, appealed his score, and then received a lower score. I also have another friend who made the old register, appealed her score, had it slightly raised, and is now an ALJ.

In other words, an appeal is a crap shoot.

[tdtksbp]

I think Deadwood is correct. There is no telling. I had appealed under the old process and did get my score reduced by one point. I have appealed here too, but will probably withdraw it now that my score barely made the register. If it had not, I would have gone forward with the appeal, even based on my past experience resulting in a lower score.