Technical appeals

[southernmiss]

I just received an email message informing me that my technical omission appeal-not putting the date of my bar membership-was denied. It essentially said that I had to include everything originally, and despite what I considered valid arguments in my request for appeal, they would not even consider them., If anyone else got a different reply, please let me know.

Also, is anyone going to appeal this? How on earth can you convince closed minds that they are wrong?

[tricia]

Oh My God, Southern Miss. That was my technical appeal also. Haven't heard anything.

[southernmiss]

Right now I am crying, but once I get over it, I intend to file a MSPB grievance. Any other ideas?

[tricia]

Maybe when we figure out how many people lost their appeals, we can do something as a group. I'm stunned. That is so ridiculous, especially since some people won technical appeals in late September and early October, right?

[zero]

SM-you have my sympathy. I cannot understand why they would deny your appeal when, if the posts are true, several people reported back in September/October that similar technical appeals were granted.

PM me and I'll talk strategy with you.
-z

[southernmiss]

How do I send a personal message?

By the way, I am filing with the MSPB. My argument is multifaceted, but I also intend to find out through Discovery if others were allowed to test who made similar or the same mistake.

I have been a "good girl" for over 25 years, never muddying the waters, toeing the management line, producing high numbers, taking on extra work and doing whatever it took to get things done in this office, but now, this is not only illogical, it is absurd and inequitable. So, even if it is fruitless, I am taking them on.

I do need to know from the readers if they have received the same message or if they were allowed to test. Even if you don't identify yourself, I would like to have an idea of what is going on.

Thanks
Ignored but not forgetting

[allrise]

My co-worker received a notice this morning that her appeal was granted. She was initially advised that she did not meet the 7 year litigation requirement. It was outrageous. She is much more qualified than me and had constant litigation for 15 plus years. It is nice that she won but unfair that she missed out on the first hire. Does anyone have any idea whether these new appeals will make the register before the next 30 are hired?

[odarite]

Mar 5, 2008 10:26:33 GMT -5 southernmiss said:

How do I send a personal message?

Click on the blue name of the person you wish to PM in the left column. A screen will appear about them, the top line of which will say "send a personal message". Click that and off you go.

[justfoundthisboard]

A friend of mine just got the same exact response to her appeal - same as yours. She didn't put down her bar number.

I am so sorry. This is really ridiculous.

I don't think you lose anything by exercising your appeal rights. It's worth it.


Just my 2 cents.

[southernmiss]

Frankly, I think we should all appeal as a group and as individuals. If I am correct after reading the old posts in July, some people were allowed to submit ommitted information and then test.

My feelings are that the "Appeals" were hollow, because they will not look at the basis of the appeals (I mean, we will allow you to appeal but there is absolutely no chance of your winning it). In my case, I had some really valid arguments.

Additionally, if the postings are valid, then they are not treating all of us equally or applying the rules equally.

I have never, in all my years here, done anything like this. Does anyone know how to start the appeal process? I am assuming that we have to start with the MSPB, but it is just a guess.

[tricia]

Fellow Appellants - I received a negative response to my appeal (failure to list date of original licensure on correct line) this morning, to wit:
"IMQL: You did not provide sufficient licensure information to meet the minimum qualification requirements. Complete licensure information includes listing jurisdictions in which you are currently licensed to practice law, the date(s) of admission to the Bar in each jurisdiction, and the Bar license number in each jurisdiction (if appropriate.)

The ALJ vacancy announcement (# 2007ALJ-134575) specifically requires you to list the following information in the online questionnaire: 1) all jurisdictions in which you currently licensed to practice law; 2) the date(s) of admission to the Bar in each jurisdiction; and 3) the Bar license number in each jurisdiction (if available).

The Panel reviewed your response to Assessment Question #2 in the online questionnaire and confirmed that you did not provide complete licensure information, as described above."

I am open to suggestions as to how to proceed. Send me a personal message. Tricia

[arlene25]

Southern Miss, Tricia and BD 84--you have my sympathy. The denial to your technical appeals do not make any sense! I am still waiting to hear from my appeal of my score. A friend is waiting to hear from her technical appeal. She was given zero points but has over 24 years of legal experience. A25

[zero]

Zero score appeals are "merit appeals". As far as I know, OPM has never ruled on a merit appeal. Tech appeals relate to ones where people were bounced for not meeting an essential criterium.

[bartleby]

As I reported earlier, my wife's denial based on lack of seven years experience was granted and her experience will be graded and if high enough, she will move on to the testing and interview process. She has 26 years of litigation experience. I on the other hand, with 11 years of litigation experience and 10 years of ODAR experiece was told too bad and that my only rights were to apply again when/if the application opens again. Even she thinks I am better qualified than her, but that's the way the ODAR cookie crumbles.

[tricia]

Are any of the unsuccessful appellants thinking of a lawsuit or any kind of further appeals? I would be interested in joining in a group effort, but have mostly decided to wait until the next application period. It is obvious that this is not a just process. It sounds as though a lot of very good applicants got passed by for trivial reasons.
But I do not work in one of the Social Secuirty offices, so I won't have to meet the new ALJs and have everyone know that those people were chosen over me. Also, the one person I know who is a Social Security ALJ was not hired until three years after he first applied, and he feels that it is worth the time and effort.

[southernmiss]

I was so incensed by the lack of a legitimate appeal I had decided to go ahead and file with the MSPB. Since then, however, I was given advice which made me back off.

Rumor has it that there will be a new test and register next year. IF the rumors are true, then by time the MSPB got to my appeal, it would be moot. More importantly, however, was the opinion that if I messed with OPM by making an appeal, I might win the battle but lose the war- they would make sure my score was very low. I don't know if this is a valid argument, but I am not going to find out. As illogical as OPM is, this sounds like something they would do.

So, no, I am backing off.

Meanwhile, I am going to re-write my answers, so that if they ask the same questions, at least I won't have to do it in one weekend.

[morgullord]

Southernmiss, I do not believe that the format will change substantially when OPM reopens the register and makes us all reapply. You are wise to start buffing and polishing now.

[nonamouse]

Southernmiss,

The current register is supposed to be good until 2010 according to the application materials. OPM will likely repost the ALJ application process next year which will allow new applicants, but they will be added to the current register with whatever score they achieve if they get through the written demonstration and structured interview. People who are currently on the register that just started last fall do not need to reapply until 2010 (or possibly later) when OPM trashes this "new" register and starts over. There is no way that OPM will waste all of the money that was just spent getting a register together and then trash it next year.

A new certificate that culls the top names from the current register is likely. However, the people on the current register won't need to do anything since they have a score. Anyone whose technical appeal was granted recently might get to do the WD and SI before the next time an agency asks OPM for a certificate or not. I suspect that the small certificate for SSA this summer will be done too quickly for these new people to test, interview and get a score on the register.

[zero]

I don't believe OPM will retaliate against people for legal challenges.

Mar 15, 2008 16:59:06 GMT -5 southernmiss said:

I was so incensed by the lack of a legitimate appeal I had decided to go ahead and file with the MSPB. Since then, however, I was given advice which made me back off.

Rumor has it that there will be a new test and register next year. IF the rumors are true, then by time the MSPB got to my appeal, it would be moot. More importantly, however, was the opinion that if I messed with OPM by making an appeal, I might win the battle but lose the war- they would make sure my score was very low. I don't know if this is a valid argument, but I am not going to find out. As illogical as OPM is, this sounds like something they would do.

So, no, I am backing off.

Meanwhile, I am going to re-write my answers, so that if they ask the same questions, at least I won't have to do it in one weekend.

[oldjag]

At least not overtly, but... In any event re-applying would probably be faster.