Open Career Opportunities

The Departmental Appeals Board (DAB) is looking for highly motivated attorneys with strong legal writing skills and diverse backgrounds to join its ranks. The DAB offers a range of employment opportunities for attorneys at all stages of their legal careers. Current career opportunities are listed below. To learn more about career opportunities at the DAB, you may also contact our recruitment team at DABcareers@hhs.gov.

Current Openings:

Attorney Advisor (Washington, DC) - Multiple vacancies, open until filled
Attorney Advisor (3-year term/100% Remote) — Multiple positions, open until filled

Attorney Advisor (Washington, DC) - Multiple Vacancies

The Departmental Appeals Board at the U.S. Department of Health and Human Services is seeking Attorney Advisors in its Washington, D.C. office.

WHO MAY APPLY: This announcement is open to all US Citizens and may be used to fill multiple vacancies.

The Departmental Appeals Board (DAB) complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity). The DAB does not exclude people or treat them differently because of race, color, national origin, age, disability, religion, or sex (including pregnancy, sexual orientation, and gender identity).

DUTY STATION: Washington, D.C.

GRADE: Positions at the following grade levels may be filled through this announcement: GS-905-11/12/13 Career Ladder* Attorney Advisor

OPEN PERIOD: This announcement will remain open until all positions have been filled. Applications will be reviewed on a rolling basis.

JOB SUMMARY: The Departmental Appeals Board (DAB), a staff division within the Office of the Secretary of Health and Human Services (HHS), is seeking attorney advisors. While the DAB is primarily seeking multiple experienced attorneys to serve in the Medicare Operations Division, it may consider applicants under this announcement for placement in one of its other divisions, depending on agency need and relevant qualifications.

The DAB provides impartial, independent hearings and appellate reviews, and issues final agency decisions under more than 60 statutory provisions governing HHS programs, and provides alternative dispute resolution and mediation services for DAB cases and the HHS workplace.

The DAB consists of four adjudicatory divisions, an Alternative Dispute Resolution Division, and the Immediate Office of the Chair.

Civil Remedies Division-HHS/SSA Programs (CRD-HHS): CRD-HHS staff support Administrative Law Judges (ALJs) who conduct adversarial hearings on a broad range of issues that are critical to HHS healthcare program integrity efforts, as well as quality of care concerns.

Civil Remedies Division-FDA Tobacco Program (CRD-T): CRD-T staff support ALJs in the Tobacco Program who conduct adversarial hearings in actions where the Center for Tobacco Products seeks to impose a CMP or No-Tobacco-Sale Order against a tobacco retailer who sells tobacco products in violation of the Tobacco Control Act.

Appellate Division: Appellate staff support five Board Members. The Board serves as the final level of agency review for cases decided by ALJs in CRD-HHS and CRD-T. In addition, the Board has original jurisdiction to decide cases involving HHS mandatory and discretionary grant funding, and challenge to the validity of Medicare National Coverage Determinations. In these cases, Board Members conduct de novo reviews and may hold evidentiary hearings.

Medicare Operations Division (MOD): MOD staff support Administrative Appeals Judges (AAJ) on the Medicare Appeals Council (Council). The Council serves as the final level of agency review for individual claims of entitlement to Medicare and for Medicare coverage and payment. The Council conducts de novo review of decisions issued by ALJs in the Office of Medicare Hearings and Appeals.

Alternative Dispute Resolution (ADR) Division: ADR staff support the Chair in her role as HHS’s Dispute Resolution Specialist. ADR staff provide mediation services for DAB cases and the HHS workplace. ADR staff also provide policy guidance, training, and information on ADR techniques (including negotiated rulemaking – a collaborative process for developing regulations with interested stakeholders).

DUTIES: Duties may include:

Provide authoritative legal advice, staff support, and assistance to Board Members, ALJs, AAJs, Division Directors, or others involved in matters for which the assigned Division is responsible, on substantive and procedural issues.
Review and analyze complex issues in assigned cases to resolve legal disputes.
Prepare drafts of decisions, rulings, orders or memoranda containing legal analyses.
Serve as the DAB representative in dealings with the parties in an assigned case or with others.
Provide assistance to lower level attorneys in particular types of cases, as assigned.
Complete other assignments and special projects, as assigned.

TRAVEL REQUIRED: Not required

QUALIFICATIONS REQUIRED: Your resume and supporting documentation will be used to determine whether you meet the position qualifications listed on this announcement. Salary will be commensurate with education and experience.

All applicants must possess the following minimum qualifications:

Education: Must possess a Juris Doctorate (J.D.) or Bachelor of Laws (LL.B) from a school of law accredited by the American Bar Association. (Must provide transcripts prior to selection)

Bar Membership: Must possess a current active bar membership in good standing. Admission to the bar of any State, territory, Commonwealth of Puerto Rico, District of Columbia, or Federal Court is acceptable. (Must provide a copy of active bar membership prior to selection)

Additional experience may be required depending on starting grade level*:

At the GS-11: No or minimal professional legal experience post bar admission. (Must meet the minimum qualifications as stated above)
At the GS-12: At least 1 year of professional legal experience post bar admission equivalent to the GS-11 level.
At the GS-13: At least 2 years of professional legal experience post bar admission, with one year of experience equivalent to the GS-12 level.

*The above requirements are minimum qualifications for each grade level and are provided for reference only. Actual salary and grade level may vary based on relevant work experience and assignment, as well as administrative need and available budget.

Prior clerkship, litigation, and/or substantive legal writing experience preferred.

All qualification requirements must be met by the closing date of the announcement.

CONDITIONS OF EMPLOYMENT:

U.S. Citizenship required.
Registered or exempt from Selective Service (www.sss.gov)
If not previously completed, a background security investigation will be required for all appointees. Appointment will be subject to the applicant's successful completion of a background security investigation and favorable adjudication.
Two-year probationary period may be required.
If you are selected for this position, the documentation that you present for purposes of completing the Department of Homeland Security (DHS) Form I-9 will be verified through the DHS "E-Verify" System.
All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choice.
Financial disclosure statement may be required.
Federal agencies may request information regarding the vaccination status of selected applicants for the purposes of implementing other workplace safety protocols, such as protocols related to masking, physical distancing, testing, travel, and quarantine.
In accordance with Executive Order 12564 of September 14, 1986, The Department of Health and Human Services (HHS) is A Drug-Free Federal Workplace. The Federal government, as the largest employer in the Nation, can and should show the way towards achieving drug-free workplaces through programs designed to offer drug users a helping hand, and at the same time demonstrating to drug users and potential drug users that drugs will not be tolerated in the Federal workplace. The use of illegal drugs, on or off duty, by Federal employees is inconsistent not only with the law-abiding behavior expected of all citizens, but also with the special trust placed in such employees as servants of the public. Applicants tentatively selected for this position may be required to submit to urinalysis to screen for illegal drug use prior to appointment and be subject to reasonable suspicion and post-accident drug testing upon hiring. If required to submit to urinalysis, the appointment to the position will be contingent upon a negative applicant drug test result. In order to demonstrate commitment to the HHS goal of a drug-free workplace and to set an example for other Federal employees, employees not in a testing designated position may volunteer for unannounced random testing by notifying their Drug-free Federal Workplace Program Point of Contact upon hiring.
Travel, transportation, and relocation expenses may be paid: No
Bargaining Unit Position: Yes
Recruitment incentives may be authorized: No
Student loan repayment incentive may be authorized: No
Annual leave for non-federal service may be authorized: No
Telework Eligible: Yes (per agency policy). Incumbent will be required to report to Washington, D.C. as primary duty station.
Acceptance of an excepted service appointment from applicants in the competitive service will require a written statement of understanding when voluntarily leaving the competitive service.
This position does not confer non-competitive conversion to the competitive service.

INSTRUCTIONS TO APPLY: Please submit the following documents by email to DABCareers@hhs.gov. Include Job Announcement No. MAA-2312WS in the subject line of your email.

Cover letter (Optional)
Resume
One legal writing sample (no more than 10 pages).
For current or former federal employees, please include a copy of your most recent SF-50.

Attorney Advisor (3-year term/100% Remote) — Multiple Positions

The Departmental Appeals Board at the U.S. Department of Health and Human Services is currently seeking applications for attorney advisors in the Medicare Operations Division. The positions are three-year term appointments and will be 100% telework.

WHO MAY APPLY: This announcement is open to all US Citizens and may be used to fill multiple vacancies.

DUTY STATION: Nationwide (100% telework)

APPOINTMENT TYPE: Term — NTE 3 years (for additional information on term appointments, see https://www.opm.gov/policy-data-oversight/hiring-information/competitive-hiring/)

GRADE: Positions at the following grade levels may be filled through this announcement:

GS-905-09/11/12/13 Career Ladder* Attorney Advisor

*A career ladder position means the employee is eligible for a promotion to the next higher grade level, up to the full performance level of their position, after certain time-in-grade and performance requirements have been met. For example, if an employee is hired at the GS-9 level, the employee may be eligible for promotion to GS-11 after 52-weeks of performance at the "Fully Successful" level, and so on, up to GS-13.

TELEWORK ELIGIBLE: Yes, the position is 100% remote

OPEN PERIOD: Announcement will remain open until all positions have been filled. Applications will be reviewed on a rolling basis.

JOB SUMMARY: The Departmental Appeals Board (DAB), a staff division within the Office of the Secretary of Health and Human Services, is seeking attorney advisors with varying degrees of experience to join our Medicare Operations Division (MOD).

The DAB provides impartial, independent hearings and appellate reviews, and issues final agency decisions under more than 60 statutory provisions governing HHS programs. The DAB also provides alternative dispute resolution and mediation services for DAB cases and the HHS workplace. DAB's mission is to provide fast, low-cost, high-quality adjudication and other conflict resolution services in administrative disputes involving HHS, and to maintain efficient and responsive business practices. Cases typically involve outside parties who disagree with a determination made by an HHS agency or its contractor.

MOD staff support the Administrative Appeals Judges on the Medicare Appeals Council (Council). The Council serves as the final level of agency review for individual claims of entitlement to Medicare and for Medicare coverage and payment. The Council conducts de novo review of decisions issued by Administrative Law Judges in the Office of Medicare Hearings and Appeals (OMHA).

DUTIES:

Duties may include:

Provide authoritative legal advice on substantive and procedural issues to Administrative Appeals Judges on the Medicare Appeals Council.
Prepare drafts of decisions, orders or memoranda relating to requests for Medicare coverage and payment, Medicare Secondary Payer cases, and entitlement and income-related monthly adjustment amount cases.
Provide assistance to lower level attorneys in particular types of cases, as assigned.
Complete other assignments and special projects, as assigned.

TRAVEL REQUIRED: Not required

QUALIFICATIONS REQUIRED:

Your resume and supporting documentation will be used to determine whether you meet the position qualifications listed on this announcement. Salary will be commensurate with education and experience.

All applicants must possess the following minimum qualifications:

Education: Must possess a Juris Doctorate (J.D.) or Bachelor of Laws (LL.B) from a school of law accredited by the American Bar Association (ABA). (Must provide transcripts prior to selection)

Applicants with a law degree who have not passed the bar may be hired as a Law Clerk and converted to the General Attorney position upon passing the bar. If hired as a Law Clerk, admission to the bar must be completed within 14 months of the date of appointment to the position.

Starting grade will be determined based on the selectee's professional experience, as well as available positions and budget.