U.S. Department of Health and Human Services 

Departmental Appeals Board 

Attorney Advisor – 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 is an equal opportunity employer. All qualified applicants will  receive consideration for appointment without regard to race, color, religion, national origin,  political affiliation, marital status, parental status, physical or mental disability, genetic  information, age, sex, sexual orientation, gender identity, or any other non-merit factors.  

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 

*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-11 level, the employee may be eligible for promotion to GS-12 after 52-weeks of performance at  the “Fully Successful” level, and so on, up to GS-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 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.  

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. Work is performed in a fast-paced,  collegial, and professional environment. 

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 who act in panels of three. 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 (e.g., Head Start terminations and Medicaid disallowances), 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 (ABA). (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) 

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

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

• At the GS-11: You must possess up to two years of professional legal experience post bar  admission. 

• At the GS-12: You must possess at least two years of professional legal experience post bar  admission, with at least one year of professional legal experience post bar admission  equivalent to the GS-11 level. 

• At the GS-13: You must possess at least three years of professional legal experience post  bar admission, with at least one year equivalent to the GS-12 level. *Preference will be  given to candidates who possess four years of professional legal experience post bar  admission and relevant work experience. 

*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. 

• In accordance with Executive Order 14043, Federal employees are required to be  fully vaccinated against COVID-19 regardless of the employee’s duty location or  work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as  required by law. If selected, you will be required to be vaccinated against COVID-19  and submit documentation of proof of vaccination before appointment or  onboarding with the agency. The agency will provide additional information  regarding what information or documentation will be needed and how you can  request of the agency a legally required exception from this requirement. 

• 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 through this announcement  or by email at DABCareers@hhs.gov: 

• 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.