Nypd med dq appeal

[MLowry]

I took the NYPD exam, I got the letter to comeback and do the mini medical. I disclose information about an accident I had back in 05 which resulted in back injuries. I treated and my injuries were resolved. I have not seen a doctor about those injuries since 06. Never had any issues since the accident. Of course since I disclosed this information I was put on medical review. Just went for my medical review the doctor took x-rays and he DQ'd me for "Lumber spine spondylosis"

Of course I will appeal,but I wanted to know the following:
1. Has anyone been successful in a medical appeal with relation to a back injury?
2. If a DQ is overturned, am I able to appeal any possible future DQ's?

Any help would be great.

Thanks in advance

[L-1]

Go here http://lib.post.ca.gov/Publications/Musculo.pdf and start reading at the bottom of page VIII-13. It will explain how your injury effects law enforcement candidates, puts them at risk for disabling injuries and establishes the criteria for DQ.

While these are California's standards, the guiding principles behind them are fairly universal for most of law enforcement in the US.

Take these standards to your doctor, have him review them and ask him if he would DQ you if he were the PD's doctor, representing the PD's interest and not your physician.

FWIW, most law enforcement agencies DQ applicants with a history of back injuries because they make you susceptible to more serious injuries in a job that puts constant demands on your back. This can result in workers compensation medical bills, temporary disability pay, permanent disability compensation and disability retirements that needlessly cost the employing agency a huge amount if they fail to medically screen their candidates properly.

[Joeyd6]

To answer your questions:
1) yes
2) I don't know what you mean

Medical appeals are possible in the NYPD. You are going to have to shell out money for such though. By money, I mean you are going to have to go to TWO, independent doctors, on your own for a full exam and evaluation of the condition. I would make sure both are orthos who specialize in back issues. They will need to do x-rays and whatever else. Explain to them up front what you need! They will then need to write a report of evaluation for you in a letter format.

The letter should:
1) be address to the the NYPD medical unit
2) Contain the fact they completed an exam and what such entailed
3) describe any tests run
4) detail their findings, including if "Lumber spine spondylosis" was found
5) and the statement similar to: "based upon my exam and evaluation, I find John Doe is (or is not) capable to hanlde the physical duties of a police officer."
6) Have them GIVE YOU (aka- not mail) the report/letter. You then mail a written request for appeal with the letters to the medical unit.

Medical appeals happen all the time. Some get flipped, others do not...all depends what they other docs actually find.

[MLowry]

Thanks L-1 for the response. I understand how the job can possibly take a toll on me,but not everyones bodies work the same. I do understand how some people can be a liability,but I know my body can handle the job description and more. I will keep your words in mind.

Medical appeals happen all the time. Some get flipped, others do not...all depends what they other docs actually find.

Thanks JoeyD explained very well

I have scheduled an appointment with a spine specialist who will evaluate the xrays taken by the NYPD docs and give their opinion as well. In the process of searching for a second ortho as well.

Question 2. is me being pessimistic. Let's say I get this med DQ overturned. I will move on to the psych portion. If I DQ at that stage , would I not be allowed to appeal a second DQ?

[L-1]

Thanks L-1 for the response. I understand how the job can possibly take a toll on me,but not everyones bodies work the same. I do understand how some people can be a liability,but I know my body can handle the job description and more. I will keep your words in mind.

While I commend you for your positive attitude, I think you missed the point. It doesn't matter how you assess yourself or the situation. It is also not a matter of, "If I want it badly enough, they will give it to me."

Statements alone such as, "I know my body can handle the job description," won't cut it. In order to prevail in an appeal you must objectively demonstrate either that your medical condition is such that you do not meet the criteria for DQ, or that the DQ standards lack a valid job relationship and as such are discriminatory. This is a complicated medical/legal process. You must do this to the satisfaction of an objective third party who is well versed in the law and very mindful of issues such as civil liability associated with negligent hiring. He will also be mindful of the potential for discrimination claims brought against the department by other medically unfit applicants if an exception is made for you but not for them.

My point here is if you plan to appeal, get your ducks in a row. Again, verbal assurances that you can handle the job in spite of the professional opinion of a trained and experienced physician to the contrary just doesn't carry a lot of weight in the appeals process.

[Joeyd6]

Thanks L-1 for the response. I understand how the job can possibly take a toll on me,but not everyones bodies work the same. I do understand how some people can be a liability,but I know my body can handle the job description and more. I will keep your words in mind.



Thanks JoeyD explained very well

I have scheduled an appointment with a spine specialist who will evaluate the xrays taken by the NYPD docs and give their opinion as well. In the process of searching for a second ortho as well.

Question 2. is me being pessimistic. Let's say I get this med DQ overturned. I will move on to the psych portion. If I DQ at that stage , would I not be allowed to appeal a second DQ?

Psych DQ's are almost....99% IMPOSSIBLE to get overturned. Once the psych writes down a DQ...game is over!

[MLowry]

Ok. so I went to a spine specialist. They did an MRI on me and found 2 bulges the Doctor agreed that a bulge does not debilitate my ability to do normal activities of a police officer. Running, standing for long periods of time etc.. He wrote me up a report to submit with my appeal. It's not the greatest report ,but I explains his findings and tells it like it is. Such as " patient is asymptomatic" etc.. I am now in the process of putting my letter together and I should have it in the mail to both Civil service commission and the Commanding officer. Im really nervous to see how hard they might fight me with this. I spoke to a couple of Appellate attorneys who all wanted from 2500 to 4000 to represent me if it goes to article 78. If it goes that far and the attorney can guarantee some results I might just shell out the cash.

Wish me luck! Thanks for the help guys. L1 I used some of your suggestions in my letter. Hopefully I dont come off to strong lol

[mcsap]

Your back issue is like giving an 18 yr old a Corvette. He may well drive it properly but then again maybe he won't. I can tell you after 25 years , if there is any job that could cause or agitate a former back injury....police work is it.

Once thwy hire you and you hurt your back , the PD is on the hook for the med bills.

[mcsap]

Your back issue is like giving an 18 yr old a Corvette. He may well drive it properly but then again maybe he won't. I can tell you after 25 years , if there is any job that could cause or agitate a former back injury....police work is it.

Once thwy hire you and you hurt your back , the PD is on the hook for the med bills.

[MLowry]

awaiting NYPD medical division to send their case to the civil service commission...60+ days so far . I was told after 90 days if nothing received a notice goes out to NYPd and after 120 days possible dismissal of DQ ...crossing fingers

[MikeG]

I spoke to a couple of Appellate attorneys who all wanted from 2500 to 4000 to represent me if it goes to article 78. If it goes that far and the attorney can guarantee some results I might just shell out the cash.

Wish me luck! Thanks for the help guys. L1 I used some of your suggestions in my letter. Hopefully I dont come off to strong lol

No attorney can guarantee you results. I think it's even sanctionable by the bar if they do. Some attornies can work on contingency (i.e. personal injury lawyers) but you'd have to check with them if it's allowed for those cases.

I'm noyt a LEO so go into "Ask a cop" and ask what percentage of the DUI trials they lose and look up what an average person charged with DUI pays their attorney to take it to court and DMV. The new laws in AZ make the penalties for first offenders less so they plea out more. Net effect of that is the ones that do go to court now see their single day trials being extended to two days as the lawyers milk their clients with recesses and conferences. The police get an extra day of OT too.. Just my 0.02. "Experienced and aggressive" DUI attorney I think means they spend a lot of time in court obtaining guilty verdicts for their clients. Not sure if it's the same for attornies that challenge employment law.

[Joeyd6]

Just for the record..."asypmtomatic" is a HUGE difference between not having the condition and having it. ASYMPTOMATIC means you are not experienceing any symptoms at this moment.....not that you don't have the condition. That is bad news for you. Your doctor writing that is him smiling to you to your face saying you "you can do police work today" and then teling the other doctor "he feels OK today but he has issues that may arise and I am only speaking about him today."

I also told you to see TWO doctors to get TWO opinions. You obviously did not do that. Had your resluts ben better from your doc, it is your docs word agains the NYPD doc. One vs. one....a wash. Had you got two docs, and both had the same opinion, it is now two against one. Thus you would have won. Howvever, with what your doc wrote, I don't think a second opinion matters.

And the bulging discs, which everyone has, is bad for you because they are now documented. If...and that is a big if right now based on your doctor report....you make it through the process...the NYPD is goign to write that down all over your file. You say who cares? You will! ANY, and I mean ANY injury on the job, that includes any back issue no matter what happens, will not be considered job related and no compensation. You get in a accident at work and can't work again or need surgery...the job won't pay! Slip down a flight of stairs and need surgery...job won't pay. Pull your bak and need medical...the job won't pay. It will exempt as a pre-existing condition that was aggravated and the taxpayers don't pay for your prior injuries.

Sucks for you because this is a job and when you get injured and need surgery...and the job won't pay....and your health insurance denies it becuase it happend at work...and you have to foot a HUGE bill you won't be able to afford.....and you can't physically do the job of a cop...the NYPD dismisses you....you do not get the 3/4 medical pension. If you have 5 years on or more, you only get your prorated regular pension (5% of the average high three for each year you are on the job after completeing your fifth year). However if you haven't done a full five....you get nothing but a boot out the door.

Good luck!