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  1. Overview
  2. Duties
  3. Qualifications & Evaluations
  4. Benefits & Other Info
  5. How to Apply

Job Title:Deputy Associate General Counsel for Litigation,Centers for Medicare and Medicaid Services Division

Department:Department Of Health And Human Services

Agency:Office of the Secretary of Health and Human Services

Job Announcement Number:HHS-OGC-ES-12-727763

This position is closed and no longer accepting online applications through USAJOBS.

The contents of the announcement can still be viewed.


$119,554.00 to $179,700.00 / Per Year


Tuesday, October 02, 2012 to Thursday, November 15, 2012




Full Time - Senior Executive Service (SES)


1 vacancy in the following location(s):
Washington DC, DC United StatesView Map
Baltimore, MD United StatesView Map


All groups of qualified individuals


NOTE:  The Duty Location will be Washington, DC or Baltimore, MD. 

The closing date of this vacancy has been extended through November 15, 2012.


Become a part of the Department that touches the lives of every American.  At the Department of Health and Human Services you can give back to your community, state, and country by making a difference in the lives of Americans everywhere.  Join HHS and help to make our world healthier, safer and better for all Americans.

This position is in the Senior Executive Service (SES), an elite group of senior government leaders who possess  broad experience and the strong skills required to lead across organizations.  This dedicated corps of executives is charged with providing strategic leadership and upholding a commitment to public service that transcends loyalty to a specific agency mission or individual profession.  As an SES member you will influence the direction of innovation and transformation of the federal government and lead the next generation of public servants. 

The Office of the General Counsel (OGC) oversees the provision of legal advice and representation to all components of the Department of Health and Human Services (HHS) (except the Office of Inspector General), on all aspects of HHS operations and programs.  The OGC manages over 4500 litigation matters in court and before administrative tribunals.  Further, the office advises senior officials about the Department's more than 300 programs.  OGC's administrative and court litigation work supports all the program areas within the Department's portfolio and all of the Secretary's priorities for the Department, including, for example:  Medicare, Medicaid, food safety protections, organ donation, patient safety, welfare and health care reform. 


  • U.S. Citizenship is required.
  • Background and/or Security Investigation required.
  • Must complete 1 year SES probationary period, if not previously completed.
  • Application package must be received by closing date of the announcement.
  • Must possess a J.D. or LL.B degree.
  • Must be a member in good standing of the bar of a state.


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Serves as the Deputy Associate General Counsel in charge of litigation matters arising from programs operated by the Centers for Medicare & Medicaid Services as assigned by the Associate General Counsel.  In this capacity, incumbent is the deputy chief legal officer for litigation for a great portion of the Department's public benefit programs authorized by the Social Security Act,  including Medicare (Title XVIII), Medicaid (Title XIX) and the Children's Health Insurance Program (CHIP) (Title XXI).  Incumbent will also be responsible for litigation against HHS arising under Title I of the Affordable Care Act.  

Administration and Management Activities


a.  Participates with the Associate General Counsel and the Deputy Associate General Counsels for Program Review and Program Integrity in the overall planning, reporting and budgeting of the work of the Division and in the selection, assignment, utilization and evaluation of professional and clerical staff.  Coordinates work where problems and issues relate to more than one attorney of the Division, ensures consistent legal positions throughout the Division and OGC in litigation relating to the programs served, equalizes workload through management of attorney assignments within CMSD and is responsible for implementation of administrative requirements of the Division, the Office of the General Counsel and the Department.  Devises and, upon general coordination and clearance, implements working methods and procedures relating to overall functions of the Division.


b.  Supervises the litigation work performed in the Division and exercises day-to-day supervision of staff attorneys within the Litigation Group.  Takes final action on numerous, complex, widely differing and frequently novel types of legal situations which require familiarity with statutory, regulatory, policy and administrative basis of numerous programs, each of which is complex and requires specialized skills in distinct but related areas of law (e.g., the Administrative Procedure Act).  Must determine which matters are so important because of broad policy implications or delicacy as to warrant consultation with the Associate General Counsel and/or the General Counsel, Deputy General Counsels, the General Counsel, senior department officials and the Department of Justice, as appropriate.


Litigation Activities


Exercises general responsibility to conduct or supervise a variety of activities related to all phases of litigation that arise in the preparation for, or conduct of, court action, administrative hearings, and other legal proceedings in defense of agency policies and final decisions relating to the Medicare, Medicaid and CHIP programs, as well as agency action related to programs and policies arising out of the agency's implementation of Title I of the Affordable Care Act such as:


a.  Acting as the presenting attorney and assuming full authority and responsibility in the most difficult and extremely complex litigation for the development and planning of legal strategy and tactics, the development of lines of argument, and the preparation of documents and materials preparatory or incident to the litigation.


b.  Participating in pretrial and prehearing conferences, selecting and preparing witnesses to give testimony, planning interrogation of witnesses, examining and cross-examining witnesses, developing overall examination and litigation strategy and persuasively presenting, arguing and summarizing the agency's position or case.


c.  Directing, coordinating and reviewing the concentrated efforts of assisting attorneys and technical specialists in court actions and other legal proceedings related to critical and significant issues involving widespread public and consumer interest.


Legal/Advisory Activities


Supervises or participates in a variety of activities related to providing and/or directing the professional staff engaged in providing legal services such as:


a.  Researching the most difficult problems, complex cases, critical issues, and significant precedent-setting situations related to the interpretation, application, and enforcement of agency statutes, rules, regulations, orders, precedents and decisions.

b.  Reviewing, drafting, and preparing letters, memoranda, and legal instruments and documents, proposed agency actions/determinations/decisions, new or modified legislative proposals, and similar materials.


c.  Applying an authoritative legal knowledge and background in relation to accomplishing agency goals and objectives, operational activities, and program responsibilities.


d.  Providing expert legal advice, guidance, assistance, interpretations, and recommendations to agency program directors, key management personnel, Departmental, other federal, state and local government officials and others.


e.  Participating in discussions, meetings, and conferences with program directors, top level agency administrators, senior subject matter and technical personnel, industry representatives and their attorneys, local and national communication media, members of the general public and consumer advocate groups, and other federal, state and local government officials to secure and provide information on significant and highly important agency policies and legal matters.


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To be qualified for this position, you must provide evidence of experience in a managerial capacity with responsibility for providing supervisory direction to a large and diverse organization responsible for promoting economy, efficiency, and effectiveness in the administration of programs and operations on a national level.  This experience must be evidenced by sophisticated analytical skills, superior written and oral communication skills, excellent judgment, and experience in interacting with government and non-government officials.  Typically, experience of this nature is gained at or above the GS-15 grade level in the Federal service, or its equivalent with state or local government, the private sector, or nongovernmental organizations.



To meet the minimum requirements for this position, you must possess a J.D. or LL.B degree from a full course of study in a school of law accredited by the American Bar Association (ABA) and be a member in good standing of the bar of a state, territory of the US, the District of Columbia or the Commonwealth of Puerto Rico.  You must provide proof of receipt of law degree as outlined in the "Required Documents" section of this vacancy announcement.

Senior Executive Service Requirement

Unless you are currently serving under a career SES appointment, are eligible for reinstatement into the SES, or have successfully completed a SES Candidate Development Program (CDP) approved by the Office of Personnel Management (OPM), you must provide a narrative statement covering each of the Executive Core Qualifications (ECQs) and Technical Qualifications (TQs) in order to receive consideration for the position.  Current or former career SES members are not required to address the ECQs, but must address the TQs.

Public Health Service Commissioned Corps Officers interested in applying for this position to serve in the SES must resign their commission if selected.  If you are applying under this option, you must address both the TQs and ECQs in this announcement.  Public Health Service Commissioned Corps Officers interested in performing the duties of the position within the Commissioned Corps must address the TQs but are not required to address the ECQs. 

Additional information on the proper preparation of ECQs is available by going to the Office of Personnel Management's web site at  Applicants are encouraged to follow the Challenge, Context, Action, and Result model outlined in the guide. 

You will be prompted to provide narrative descriptions including specific examples of your experience, education, and accomplishments that are applicable to each of the TQs and ECQs.  Your examples should be clear and emphasize your level of responsibilities, scope and complexity of programs managed, program accomplishments with results of your actions, policy initiatives and level of contacts.  In addition, your responses should highlight your experience, training, and achievements in conjunctions with the resume you provide.  You should limit your narrative to two pages per each ECQ and TQ.  

In order to satisfy all of the specified requirements, you must submit narrative responses addressing the TQs and the five ECQs outlined below. 

Technical Qualifications 

In addition to specialized experience, applicants must possess the following technical qualifications that represent the knowledge, skills, and abilities essential to perform the duties and responsibilities of the position: 

1.  Substantial practice and demonstrated expertise in litigation matters pertaining to Medicare (Title XVIII), Medicaid (Title XIX), and Children's Health Insurance Program (CHIP) (Title XXI) or other similar or related public benefits programs.

2.  Executive level success in managing and leading a legal office, component, or significant team, including:  overall planning, reporting and budgeting of the work of the office and supervision of both junior and senior attorneys.  

3.  Preparation of memoranda, legal documents or reports outlining facts and legal issues, analyzing factual and legal issues involved, explaining the application of legal principles and precedents, and justifying recommendation or conclusions for program directors, senior government officials, members of the general public and stakeholders.

4.  Experience in conducting and supervising litigation and furnishing legal advice in complex and novel legal situations requiring familiarity with the statutory, regulatory, and policy bases of government programs and with distinct but related areas such as the Administrative Procedure Act. 

Executive Core Qualifications 

Fundamental Competencies:  The following competencies are the foundation for success in each of the ECQs.  Interpersonal Skills; Oral Communication; Integrity/Honesty; Written Communication; Continual Learning; and Public Service Motivation.  These Fundamental Competencies are cross-cutting and should be addressed over the course of your ECQ narratives. 

1.  Leading Change:  This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals.  Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment. (Competencies:  creativity and innovation, external awareness, flexibility, resilience, strategic thinking, vision) 

2.  Leading People:  This core qualification involves the ability to lead people toward meeting the organization's vision, mission, and goals.  Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts. (Competencies:  conflict management, leveraging diversity, developing others, team building) 

3.  Results Driven:  This core qualification involves the ability to meet organizational goals and customer expectations.  Inherent to this ECQ is the ability to make decisions that produce high quality results by applying technical knowledge, analyzing problems, and calculating risks.  (Competencies:  accountability, customer service, decisiveness, entrepreneurship, problem solving, technical credibility) 

4.  Business Acumen:  This core qualification involves the ability to manage human, financial, and information resources strategically.  (Competencies:  financial management, human capital management, technology management) 

5.  Building Coalitions:  This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.  (Competencies:  partnering, political savvy, influencing/negotiating) 

Other Requirements 

The Ethics in Government Act, PL 95-521 requires the applicant selected for this position to submit a financial disclosure statement, SF-278, prior to assuming the SES position, annually, and upon termination of employment.  Status applicants must submit a copy of their most recent SF-50, Notification of Personnel Action, which verifies status. 

All applicants will be considered without regard to race, color, religion, national origin, marital status, political affiliation, age, sex, sexual orientation, disabling condition, membership in an employee organization, or any other non-merit factors. 

All initial appointments to an SES position are contingent on approval from OPM's Qualifications Review Board unless the selectee has successfully participated in an OPM approved SES Candidate Development Program. 

In accordance with Federal and Agency Travel regulations, the payment of travel and relocation expenses may be reimbursed for travel, transportation and relocation expenses associated with reporting for duty to this position. 

As a condition of employment, all male applicants born after December 31, 1959, must have registered for the selective service.  If selected for this position, the applicant must sign a statement certifying his registration, or the applicant must demonstrate exempt status under the Selective Service Law. 

Only experience obtained by the closing date of this announcement will be considered.


Your resume and narrative responses to the technical qualifications and the five Executive Core Qualifications are an integral part of the process for determining your basic and specialized qualifications for the position.  Responses that are not supported by your resume will eliminate you from consideration.  Your application will be evaluated in the following manner: 

1.  Application packages will be reviewed for completeness (incomplete or late packages will not receive further consideration). 

2.  Basic qualifications review.  Your resume and narrative responses to the TQ's and ECQ's will be reviewed to ensure you meet the Specialized Experience Requirement.  If you do not meet this requirement, you will not receive further consideration.


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The Federal Government offers a comprehensive benefits package.  Explore the major benefits offered to most Federal employees at


Veteran's Preference does not apply to the SES.



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To apply for this position, you must provide a complete Application Package, which includes ALL of the documents listed in the Required Documents section of this vacancy announcement.  Any documents submitted that are not listed in the Required Documents section of this announcement will not be considered or forwarded to the rating panel or selecting official. 

Application packages for this vacancy must be received on-line via the USA Staffing web site by 11:59 PM (EST) on Thursday, November 15, 2012. 

To begin the process, click the "Apply Online" button to create an account or log in to your existing USAJOBS account.  Follow the prompts to complete the assessment questionnaire.  You may preview the assessment questionnaire by clicking here:  View Occupational Questionnaire.  Please ensure you click the Submit My Answers button at the end of the process. 

Note:  To return to a previously Saved or Incomplete application you may use the following link:

To fax supporting documents you are unable to upload, complete this cover page using the following Vacancy Identification Number:  727763.  Fax your documents to 1-478-757-3144. 

Once the online questionnaire is received, you will receive an acknowledgement email that your submission was successful. 

If applying online poses a hardship to you, please contact the Human Resources Operations Center HelpDesk Telephone (888)478-4340, TTY/TTD (800)877-8339; or email  You must contact the Human Resources Operations Center HelpDesk prior to the closing date of this announcement to receive assistance.  The decision on granting reasonable accommodations will be made on a case-by-case basis.  Hours of operation:  Monday through Friday 7:30AM to 4:00PM EST.



1.  Resume (ensure that your resume contains your full name, address and phone number) (Required);

2.  Completion of online questionnaire, including narrative responses to the TQs and ECQs (Required);

3.  Documentation of J.D. or LL.B (Required)

4.  SF-50, Notification of Personnel Action, showing your current or former civil service status, if applicable;

5.  Proof of OPM Qualifications Review Board Certification (OPM approved SES Candidate Development Program graduates), if applicable.


Phone: (320)632-2304
Agency Information:
OHR Executive Resources
200 Independence Ave
Suite 801
Washington, DC


We expect to make a selection within 90 days of the closing date of this announcement.  You will be notified of the outcome by e-mail using the e-mail address on file in the Application Manager system.

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