Appeal

[zero]

Old lawyers never die, they just loose their appeal (right?) Anyway, I have an active FOIA going with OPM that has given me tiny insights into behind the scenes. I was told not to worry that the FOIA is over two months late because they're not going to act on my appeal until after October. (I feel so much better now that the unreasonable delay on my FOIA is being offset by the delay in processing the appeal). They have also told me they're going to finish with the existing crop before they work on appeals. Which means...nothing really. But one can speculate that they will finish building the first list in the late October/early November timeframe.

Overall, I have to say OPM has really treated me poorly. They have consistently been rude and non-responsive (particularly the FOIA office). I wouldn't go so far as to say they have lied to me. But I have caught them in some pretty ill-considered statements. OPM's attitude seems to be, "go ahead and sue us, I dare you." They must have a lot of very bored litigation attorneys because they don't seem litigation adverse at all.

[workdrone]

zero said:

They must have a lot of very bored litigation attorneys because they don't seem litigation adverse at all.

DOJ will probably end up doing any real litigations in court for them, so to the guys at OPM, it's someone else's work <sigh>. Hang in there, and if the appeal doesn't work out, there's always the next round in a year or two.

[nonamouse]

I doubt that OPM has to pay an hourly rate for outside counsel even if a suit is filed, so they are unlikely to get excited over the possibility. It is not like these people answering the phones/emails would have money taken out of their pocket even if the agency lost a suit.

[kingfisher]

I have just learned of an appeal being reviewed and granted. This was a technical issue in which the resume did not upload, so the attorney was eliminated from the application process. OPM has reviewed the appeal, determined the applicant did attempt the upload, and the OPM system was at fault. A second upload attempt was granted. The score was apparently sufficient, so the applicant is taking the exam today and will interview next week. So, if your appeal was also technical, such as that one, you should watch your email. They are indeed reviewing appeals.

[tricia]

Well, Hallelujah! I hope that anyone else who hears anything about his or her appeal will post here. I was one of the people who failed to give the date that I was licensed.

[chris]

I don't know anyone who has had their appeal addressed yet. It will be interesting to see how they process all of the appeals. It looks like the technical issues will be resolved first, then perhaps the "clerical" issues such as forgetting to give the bar admission date, then those who have general complaints that they were rejected.

[southernmiss]

This is a rumor, but I know the attributed source of the original statement, and he is in a position to know. Further, the two people who passed on the information before it came to me are also reliable.

Having said that, the rumor was that any veterans who failed to include technical information, such as the date they joined the bar, were given a Notice and allowed to send in the information.

Has anyone heard of this? Does anyone know how to verify or discredit it, other than giving uninformed opinions?

Obviously if this is true, it would be a problem for those of us who were not given a Notice and allowed to submit the information.

[chris]

I think 10 point veterans probably have the right to do that. I am not aware of any reason why they could treat 5 point veterans any differently than anyone else.

[crazybroad]

I don't know anyone who has had their appeal addressed yet - Chris.

Chris,
I had my technical denial appeal addressed. I was denied because they say I didn't provide enough information to prove licensure - I gave jurisdictions, month and year but no attorney registration numbers. I heard last Tuesday about my appeal and that I had passed the AR rating. I had the WD and SI this past Tuesday and Wednesday. I also heard the last SIs were going to be held Thursday so it sounds like no others will be rated.

[judicature]

crazybroad -

Are you eligible for vet pref?

[crazybroad]

no. why?

[judicature]

There was some speculation, apparently erroneous, that only vet pref appeals were being processed at this point.

I am glad to hear they are processing the technical denial appeals for everyone.

[crazybroad]

I know of two other tech denials that did not hear anything. It's possible that their appeals were considered but maybe they just didn't make the AR rating but nonetheless were not notified of the outcome of the appeal or of it's occurence.

[ruonthelist]

I know of one technical appeal that was granted. The applicant (not a veteran, BTW) took the WD and SI within the last two weeks.

[crazybroad]

Listen, I was one of those Tech Denials. I took the WD with a bunch of others who were Technical denials, actually 16 others on Tuesday plus there were others scheduled for the previous Friday, 9/28. It's apparent that appeals were considered but it's odd who was reconsidered and who wasn't or hasn't been notified that their rating wasn't high enough.

[judicature]

crazybroad -

how much notice were you given of the WD and SI dates?

[crazybroad]

The emails came 9/25 about the appeal and getting through the AR but the admission tickets for the WD and SI came 9/26. They wanted me there 9/28 for the WD but I didn't get the emails until 9/27 so I asked for a reschedule and got it for 10/2 and the SI was always scheduled for 10/3.

[zero]

Three days notice for an on-site exam/interview? That's really unfair. It's totally counter-intuitive. What type of candidate is ready to drop everything and run to D.C. on three days notice? Not the best qualified candidate, I venture to say. Strike that, what I meant to say is: "What kind of candidate can't afford to drop everything to go to DC on three days notice? Perhaps one with an active trial or appeal docket? It's difficult to reschedule these things at the last minute even if you really want the job." Another example of the disconnect between the selection process and merit. The most qualified candidates don’t have to put up with this BS because their talent gives them career options.

[odarite]

Perhaps, zero, you would use the "modify" option to change your post so that it isn't quite so insulting to crazybroad, who never did anything to you. This does illustrate your other post about writing something without mailing it.

[ALJD]

I totally understand that the OPM process this summer left many people frustrated and bitter. But let's not take it out on each other. We're all mature professionals here, so please treat each other with courtesy and respect.

If you wouldn't say it to your co-worker face-to-face at work in such a way, you probably shouldn't say it in such a way here. There are many ways to convey the same message without turning it into a personal attack or insult, so let's not fall into the death spirals that occur so frequently on the old board. ;D