Attorney Advisor (Labor)

Employer
USAJobs
Location
Washington, D.C
Posted
Oct 24, 2020
Closes
Nov 02, 2020
Hours
Full Time
Duties

Summary

This position is located in the Benefits Review Board. The Board, consisting of Members appointed by the Secretary of Labor, has nationwide jurisdiction to consider and decide appeals raising substantial questions of law or fact taken by any party-in-interest from decisions with respect to claims under the Black Lung Benefits Act and the Longshore and Harbor Workers' Compensation Act and its extensions. The incumbent will be responsible for applying statutory and regulatory provisions.

Learn more about this agency

Responsibilities

GS-11

Reviews and analyzes appeals, prior legal decisions, judicial opinions, hearing transcripts, and rulings having the effect of law.

Researches statutes, regulations, decisions, opinions, legislative history, and other legal authorities on the point(s) of law involved and analyzes their application to the case at hand.

Prepares a written draft decision and order, summarizing the jurisdiction, relevant facts, legal issues, analysis and recommended disposition for the Board. May be required to make an oral presentation to a panel of the Board on factual or legal issues.

Confers with the Board panel and provides legal advice on cases and points of law. The work often requires extensive and detailed consultation on the legal issues involved, presentation of the facts related to legal issues, evaluation and weighing of conflicting evidence and facts, consideration of the inferences to be drawn, and examination of the effect of a particular decision and its relationship to case law and Board and Federal court precedent.

Responsible for reviewing and responding to motions and requests for attorney's fees.

Develops research strategies for a given issue; conducts the research; and presents the conclusions of the research.

GS-12

Performs a complete comprehensive legal review and examination of the case record and the issues presented on appeal. Reviews and analyzes the arguments by the parties regarding the law and the facts of each case. Drafts recommended decisions for assigned appeals.

Studies pleadings, testimony, medical evidence, other exhibits and trial records, together with administrative law judges' final decisions and briefs of counsel, in connection with assessing merits of an appeal.

Researches statutes, regulations, decisions, opinions, legislative history, and other legal authorities on the points of law involved and analyzes their application to the case at hand.

Prepares a case analysis memorandum, providing a proposed disposition of each issue on appeal and a recommended disposition in the case.

On certain complex cases, the incumbent will participate in the formal conferencing of cases with the full Board and senior attorneys.

Prepares drafts of dissenting or concurring opinions for Board Members, usually in particularly difficult cases, or cases involving new issues.

Confers with and advises the Board Members on assigned cases that involve new law and establish new precedent.

GS-13

Independently performs a complete, intensive legal review and examination of complex case records and the issues presented on appeal; performs research in connection with cases to analyze factual and legal issues and applicable legal sources; reviews and analyzes the arguments by the parties regarding the law and the facts of each case. Drafts and submits recommended decisions for assigned appeals.

Conducts extensive research, as required, and studies pleadings, testimony, medical evidence, other exhibits and trial records, together with administrative law judges' final decisions and briefs of counsel, in connection with assessing the merits of an appeal.

Researches statutes, regulations, decisions, opinions, legislative history, and other legal authorities on the points of law involved and analyzes their application to the case at hand.

As directed, prepares drafts of dissenting or concurring opinions for Board Members, usually in particularly difficult cases or cases involving new issues. As instructed, redrafts memoranda or decisions and orders following review by the supervisor or Board Members.

Travel Required

Not required

Supervisory status
No

Promotion Potential
13 - There is no obligation to provide future promotions if you are selected. Promotions are dependent on your ability to perform the duties at a higher level and meet all the performance requirements, and supervisor's recommendation to the next grade.

Requirements

Conditions of Employment

  • Appointment to this position may require a background investigation.
  • Requires a probationary period if the requirement has not been met.
  • Must be at least 16 years old and a U.S. Citizen.
  • Writing Sample
  • You must submit an (official or unofficial) copy of your transcripts.


Applicants must meet all legal and regulatory requirements. Reference the "Required Documents" section for additional requirements.

Qualifications

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.

For GS-11: Completion of first professional law degree (LL.B. or JD), and active membership in good standing of the bar of the highest court of a State, U.S. Commonwealth, U.S. territory, or the District of Columbia.

Applicants for the GS-12 and GS-13 positions must be at the time of hire a law school graduate who is an active member in good standing of the bar of the highest court of a State, U.S. Commonwealth, U.S. territory, or the District of Columbia.

For GS-12: In addition to the basic education and bar requirements, candidates must possess at least one year of specialized experience equivalent to the GS-11 level in the federal service. Superior academic achievement or honors may substitute for one year of specialized experience.

For GS-13: In addition to the basic education and bar requirements, candidates must possess at least two years of specialized experience and at least one year must be equivalent to the GS-12 level in the federal service. Superior academic achievement or honors may substitute for one year of specialized experience.

Specialized experience: One (1) year of specialized experience equivalent to the next lower grade. Specialized experience commensurate with the duties and responsibilities of the position at a level close to the work of this job that has given you the particular knowledge, skills, and abilities required to successfully perform.

Specialized experience for this position is described as having a working knowledge of the Black Lung Benefits Act, Title IV of the Coal Mine Health and Safety Act, 30 U.S.C. §901 et seq.; the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §901 et seq., and its extensions; or similar litigation experience through appellate or federal law, such as workers' compensation experience. Candidates should have experience working independently to review and analyze cases, making recommendations, and drafting legal opinions or arguments.

Prior experience as a law clerk or staff attorney to an appellate body, service on law review, publication of an article or note in a legal periodical, and honors or awards for academic or professional performance are also desirable. Competitive candidates will have demonstrated good judgment, sound reasoning, and critical thinking.

Note: An LL.M may be substituted for a maximum of one year experience.

Education

Qualification for an Attorney, GS-0905-11 and above position requires a first professional law degree (LL.B or J.D).

Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.

If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.

Additional information

Position Telework eligibility is determined by management based on position duties during the recruitment process. Employee participation in telework on a routine or situational basis is determined by management primarily based on business needs. Employees participating in telework are subject to the terms and conditions of the Department of Labor's Telework Program.

DOL seeks to attract and retain a high performing and diverse workforce in which employees' differences are respected and valued to better meet the varying needs of the diverse customers we serve. DOL fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential.

Refer to these links for more information: GENERAL INFORMATION , ADDITIONAL DOCUMENTATION , FORMER FEDERAL EMPLOYEES

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. Current and/or past supervisors may be contacted unless specified otherwise. A panel and/or the selecting official or his/her designee may interview applicants.

Evaluation Factors:

1. Demonstrated skill in researching and preparing well-written, organized and persuasive legal documents.

2. Ability to make effective oral presentations in a clear and concise manner.

3. Ability to establish and maintain effective liaison with supervisors, and other agency staff.

4. Ability to multi-task in a complex and fast-paced inter-disciplinary legal environment, entailing timely collections of facts, identification and resolution of issues, enumeration of options, and formulation of recommendations.

It is the applicant's responsibility to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.

Individuals who meet eligibility requirements for special priority selection under ICTAP/CTAP must be well-qualified for the position to receive consideration for special priority selection. Be sure to review DOL Account Eligibility/Core Questions #24 and 27 to reflect that you are applying as an ICTAP/CTAP eligible and submit supporting documentation.

The information you provide may be verified by a review of your work experience and/or education, by checking references and through other means (ex. interview).

To preview questions please click here .

Background checks and security clearance

Security clearance
Other

Drug test required
No

Position sensitivity and risk
Noncritical-Sensitive (NCS)/Moderate Risk

Trust determination process
Credentialing

Required Documents

The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. Warning: If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission. You are not required to submit a document if it does not apply to you.

- Resume: You are required to provide a resume by creating one in USAJOBS or uploading one of your choosing. To receive full consideration for relevant and specialized experience, please list month, year, and the number of work hours worked for experience listed on your resume. We suggest that you preview the online questions, as you may need to customize your resume to ensure that it supports your responses to the vacancy questionnaire.

- Bar Certification: Should you be selected for this position, you will be required where applicable to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, the District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.

- Transcripts: In order to be considered for this position you must provide a copy of your official or unofficial transcripts reflecting that you have received your first professional law degree (J.D.) in your application. Applicants who claim substitution of education for experience with an LL.M must submit a copy of their official or unofficial transcripts for verification in their application. Should you be selected for this position, you will be required to submit official documentation verifying that you have completed your first professional law degree or LL.M.

-Writing Sample: Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.

- Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans' preference in attorney appointments; however, the Department of Labor considers veterans' preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214 showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active duty service members expecting to be honorably discharged or released within 120 days, click Active Duty ) Without this documentation, you will not receive veteran's consideration. Additional information is available in the Vet's Guide .

You may also find more information on positive consideration for attorney hiring .

- Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies or the Veterans Administration.

- Cover Letters are not mandatory and will not be used to verify experience, but may be submitted.

Applicants selected for employment that are not current DOL employees will be required to provide proof of citizenship, or non-citizenship as allowable in Excepted Service hiring through P.L. 112-10, and the E-Verify system will be used to confirm the employment eligibility of all new hires.

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

Similar jobs