The Departmental Appeals Board (DAB) at the U.S. Department of Health and Human Services (HHS) is seeking Attorney Advisors in its Washington, D.C. office.
Who May Apply: This announcement is open to all U.S. citizens and may be used to fill multiple vacancies.
Duty Station: Washington, D.C. (This is not a remote position.)
Grade: Positions at the following grade levels may be filled through this announcement: GS-905-9/11/12/13.
Open Period: This announcement will remain open until all positions have been filled. Applications will be reviewed on a rolling basis.
Job Summary:
The DAB is an independent office within the Office of the Secretary of HHS, established to provide review, adjudication, mediation, arbitration, or other resolution of appeals, disputes, contested decisions, or other matter arising out of the oversight and administration of programs for which HHS and DAB are responsible. The DAB consists of the Appellate Division; the Civil Remedies Division; the Medicare Operations Division; and the Alternative Dispute Resolution (ADR) Division.
Civil Remedies Division (CRD): The Civil Remedies Division provides staff support necessary to assist the ALJs who hear and decide cases under various authorities such as those involving civil monetary penalties or program exclusions imposed in connection with the Department's health care financing programs or sanctions on Medicare providers.
Appellate Division: The Appellate Division provides staff support necessary to assist the Board's administrative review of such matters as: disallowances of Federal grant funds under various titles of the Social Security Act; Administrative Law Judge (ALJ) decisions in Civil Remedies cases; disapprovals of State plans and plan amendments under section 116(a)(2) of the Social Security Act; termination or denials of refunding of Head Start grantees; findings of scientific misconduct related to the work of the HHS Office of Research Integrity; disputes involving direct discretionary grants, cost allocation plans, and indirect cost rates; and civil rights and religious freedom matters arising before the HHS Office for Civil Rights.
Medicare Operations Division (MOD): The Medicare Operations Division provides staff support needed to assist the Administrative Appeals Judges (AAJ's) in the review of ALJ decisions regarding claims for Medicare entitlement and coverage filed by health care providers, suppliers, or Medicare beneficiaries for health-related items or services for which payment is sought under Title XI or Title XVIII of the Social Security Act.
Alternative Dispute Resolution (ADR) Division: The ADR Division provides staff assistance needed to support HHS ADR’s program, including mediation, early neutral, evaluation, arbitration, regulatory negotiations, facilitation, and assistance in ADR systems design and training in such areas as conflict management, negotiations, mediation, and arbitration.
At this time, the DAB is primarily staffing attorneys for MOD but may consider applicants for placement in one of its other adjudication divisions, depending on agency need and relevant qualifications.
Duties:
The level of responsibility and complexity of assignments will vary by grade and may include:
- Provide authoritative legal advice, staff support, and assistance to judges (Board Members, ALJs, AAJs) and Division Directors, or others involved in matters for which the assigned Division is responsible, on substantive and procedural issues.
- Review case files, identify and analyze legal issues, and resolve legal disputes.
- Conduct legal research and prepare drafts of decisions, rulings, orders or memoranda containing legal analyses, appropriate to the attorney’s grade level.
- Serve as the DAB representative in dealings with the parties in an assigned case or with others.
- Schedule and participate in evidentiary hearings, oral arguments, or mediation conferences.
- Higher grade attorneys may provide assistance to lower-grade 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 in 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-9: No or minimal professional legal experience post bar admission.
- At the GS-11: At least 1 year of professional legal experience post bar admission equivalent to the GS-9 level. The incumbent demonstrates proficiency in the ability to provide legal advice, support, and assistance on substantive and procedural issues of limited complexity.
- At the GS-12: At least 1 year of professional legal experience post bar admission equivalent to the GS-11 level. The incumbent demonstrates proficiency in the ability to provide legal advice, support, and assistance on substantive and procedural issues of moderate complexity that may involve conventionally difficult or complex legal issues.
- 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 incumbent demonstrates proficiency in the ability to provide legal advice, support, and assistance on substantive and procedural issues of relatively high complexity, including those presenting unique, challenging, or novel questions. The incumbent should also demonstrate the ability to assist lower-level attorneys in particular types of cases.
*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.
All qualification requirements must be met by the closing date of the announcement.
How You Will Be Evaluated:
You will be evaluated for this job based on how well you demonstrate proficiency in the core competencies listed below:
- Analytical thinking
- Legal writing
- Sound judgment
- Attention to detail
- Collaboration and conflict resolution skills
- Technological affinity
- Agility/Adaptability
- Interest in the law/field
- Time management/ability to manage multiple priorities
Applications will be evaluated by a panel of subject matter experts. If a candidate is deemed qualified, they will be contacted via email or telephone to schedule an interview. Interviews will be evaluated by a selecting committee and those who fall into the best-qualified category will be considered for the position.
Conditions of Employment:
- U.S. Citizenship required
- Registered or exempt from Selective Service (sss.gov)
- 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.
- In accordance with Executive Order 12564 of September 15, 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 selected for this position will be subject to reasonable suspicion and post-accident drug testing upon hiring. 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.
- Bargaining Unit: No
- In accordance with 5 C.F.R. Section 302.101(c), positions in the Excepted service and not subject to the provisions of Veteran's Preference. However, candidates who list and provide verification of their Veteran's Preference will have their Preference status identified to the selecting official for consideration as part of their application package.
- Travel, transportation, and relocation expenses may be paid: No
- 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: Per agency 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.
- A cover letter highlighting your proficiencies in the core competencies listed above (optional).
- Resume (not to exceed 2 pages).
- One legal writing sample that demonstrates your legal reasoning and analytical skills (not to exceed 10 pages). Your writing sample should be recently written and must be researched, written, and edited by you.
- For current or former federal employees, please include a copy of your most recent SF-50.
The DAB complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, 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).
Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Requests for reasonable accommodation may be submitted to Lamekia.Barbour@hhs.gov.