This Position Is No Longer Available
  1. Overview
  2. Duties
  3. Qualifications & Evaluations
  4. Benefits & Other Info
  5. How to Apply

Job Title:Attorney Advisor

Department:Department Of Health And Human Services

Agency:Centers for Medicare & Medicaid Services

Job Announcement Number:CMS-ES-14-728775

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

The contents of the announcement can still be viewed.


$105,211.00 to $136,771.00 / Per Year


Monday, October 22, 2012 to Monday, November 05, 2012




Full Time - Excepted Service Permanent




1 vacancy in the following location:
Woodlawn, MD United StatesView Map


United States Citizens


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

The Centers for Medicare and Medicaid Services (CMS) works in partnership with the entire health care community to improve quality and efficiency in an evolving health care system and provides leadership in the broader health care marketplace. Our effectiveness depends on the capabilities of a dedicated, professional staff that is committed to supporting these objectives. A career with CMS offers the opportunity to get involved on important national health care issues and be part of a dynamic, fast-paced, and highly visible organization.  For more information on CMS, please see:

Applications are also accepted from current members of the PHS Commissioned Corps. PHS Commissioned Corps Officers interested in performing the duties of this position within the Commissioned Corps (not as a career/career-conditional employee) are encouraged to apply.


Additional selections may be made from this announcement for similar positions within CMS in the same geographical location.




  • You must be a U.S. citizen to apply for this position.
  • Be sure to read the "How to Apply" section for all required documents.
  • Active membership in good standing of the Bar.
  • Transcripts supporting your J.D. if you are selected.
  • Resume and completed Application.


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This position serves as an Attorney Advisor in the Centers for Medicare and Medicaid Services (CMS), Office of Operations Management (OOM), Office of Hearings (OH), Division of Hearings and Decisions (DHD).

The incumbent of this position is responsible for advising the Provider Reimbursement Review Board (PRRB) and staff in identifying and analyzing complex legal issues in order to provide legal advice and assistance in actions concerning the adjudication of adversarial disputes as set forth in Section 1878 of the Social Security Act.  The incumbent also serves as a mediator in resolving complex Provider Reimbursement Review Board (PRRB) cases through the mediation and resolution of cases with reprentatives of both parties before cases come before the Board.  In this position you will also serve as a Hearings Expert in the administration of the Medicare and Medicaid programs through the conduct of hearings on behalf of the Secretary and the Administrator and preparation of decisions based on evidence adduced at such hearings. 

Specifically you will:
Advises the Provider Reimbursement Review Board (PRRB) on substantive issues before the Board including relevant evidence, legal questions and appropriate citations, and any complex Medicare cost reporting, reimbursement/payment and accounting principles.
Develops, prepares, and writes approximately 10-12 Provider Reimbursement Review Board (PRRB) decisions per year for Board consideration, ensuring that all aspects of the case are identified and properly addressed.
Develops procedures for selecting cases that meet the requirements of the mediation process to facilitate early resolution of PRRB cases.
Reviews PRRB case files and the mediation summaries filed by the parties, prior to mediation sessions.
Acts as a mediator in 8-10 mediations per year to parties and their representation in negotiating early resolution of PRRB cases; providing and understanding of Board practices, legal and technical procedures, and Medicare cost reporting and accounting explanations to the parties as needed to resolve the issues.
Serves as the presiding hearings officer on Medicaid cases in which any State dissatisfied with the Administrator's disapproval of its plan or amendment requests a reconsideration of the decision.
Serves as a Medicare fair hearings officer in cases where a carrier requests CMS to provide a fair hearing officer.
Provides appellate law review while serving as a hearing officer in appeals resulting from provider and supplier enrollment denials of participation at the carrier level.
Makes final administrative decisions on behalf of the Secretary and the Administrator in proceedings involving providers in cost payment disputes where the provider requests a hearing because it believes that during the intermediary hearings the laws or regulations were not properly applied.
Sits as quasi-judicial officer hearing cases involving claims.
Reviews cases for the Agency responsible for litigation, and determines whether to recommend litigation based on the weight of the evidence, the importance of the case and other considerations which bear on the advisability of further litigation.


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Basic Educational Requirements

I have successfully completed a full course of study in a school of law accredited by the American Bar Association, and have a professional law degree, i.e., a LLB, LLM or JD. (You must provide copies of your law school transcripts prior to entrance on duty.)



Bar Membership

Yes, I am currently a member, in good standing, of the bar in a state, or the District of Columbia.



Minimum Qualifications-GS-14

I have at least four years of Post JD legal experience.



**Bar Membership:  You must submit a copy of your current membership with your application package.  At the last page of the occupational questionnaire, please upload this document as "other".

**Transcripts:  If you are the selectee for this position, you must submit a copy of your J.D. transcripts from an accredited law school prior to your start date.

**If applicable Veterans Documentation (DD-214 or equivalent, SF-15 and VA Letter, as appropriate).


Transcripts:  If you are the selectee for this position, you must submit a copy of your J.D. transcripts from an accredited law school prior to your start date.


Foreign Education:  If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program.  For further information, click on foreign education.

**This job is being filled by an alternative hiring process (Excepted Service, Schedule A) and is not in the competitive service.


Conditions of Employment:


1.  All qualification requirements must be met by the closing date of this Job Announcement.


2. Security and Background Requirements: 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.  Failure to successfully meet these requirements may be grounds for appropriate personnel action.  In addition, if hired, a background security reinvestigation or supplemental investigation may be required at a later time.  Applicants are also advised that all information concerning qualifications is subject to investigation.  False representation may be grounds for non-consideration, non-selection and/or appropriate disciplinary action. 

·    Optional Form 306 – Declaration of Federal Employment – available at This form is not required to be submitted at the time of submitting your application. However, if selected, this form will be required prior to final job offer.


3. E-Verify: 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.  Federal law requires DHS to use the E-Verify System to verify employment eligibility of all new hires, and as a condition of continued employment obligates the new hire to take affirmative steps to resolve any discrepancies identified by the system.  The U.S. Department of Health and Human Services is an E-Verify Participant.


4. Direct Deposit: All Federal employees are required to have Federal salary payments made by direct deposit to a financial institution of their choosing.


5. Financial disclosure statement may be required.


6. One-year probationary period may be required.


7. Travel, transportation, and relocation expenses will be paid: No


8. Bargaining Unit Position:  No  


9. Drug Screening Required: No


10. Recruitment incentives may be authorized:  No 


11. Student loan repayment incentive authorized:  No 


12. Annual leave for non-federal service authorized:  No



PLEASE NOTE:  This job is being filled by an alternative hiring process (Excepted Service, Schedule A) and is not in the competitive service.

If you meet the qualification requirements based on your online application and are found to be qualified you will be referred to the selecting official for further review.  If, after reviewing your resume and or supporting documentation, a determination is made that you have inflated your qualifications and or experience, you may lose consideration for this position.

Notice of Veterans' Preference:

There is not a formal rating system for applying veterans' preference to attorney appointments in the Excepted Service; however, veterans' preference eligibility is a positive for attorney hiring.  Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g. DD Form 214, "Certificate for Release or Discharge for Active Duty") to their submissions.

Although the point-preference system is not used, applicants to claim 10-point preference must submit a Standard Form (SF), "Application for 10-point Veteran Preference" and supporting documentation required for the specific type of preference claimed.  SF 15, which list the type of 10-point preferences and the required documentation, is available from the Office of Personnel Management website at


To preview the assessment questionnaire, click the following link: View Occupational Questionnaire 


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


Veterans' Preference: If you are a veteran claiming 5-point veterans' preference, you must submit a copy of your DD-214 (Member Copy 4) or an official statement (including Character of Service) from your command if currently on active duty. If you are claiming 10-point veterans' preference, in addition to the DD-214, you must also submit a Standard Form 15 (Application for 10-Point Veteran Preference) and the required supporting documents listed on that form.  For more information on veterans' preference see .

Veterans Employment Opportunities Act (VEOA): To be eligible for a VEOA appointment, the veteran must 1) be a preference eligible; or 2) be a veteran separated after 3 or more years of continuous active service performed under honorable conditions. (you must submit a DD214-member copy 4).

Noncompetitive Appointment Authorities: The following links contain information on the eligibility requirements to be considered under a noncompetitive appointing authority:

Hiring Authorities for Veterans

People with Disabilities

Selective Service: The Defense Authorization Act of 1986 requires that all male applicants born after 12/31/59 who are required to register under the Military Selective Service Act, be registered or they are not eligible for appointment to this position.  For further information concerning Selective Service requirements, please visit


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Click the Apply Online button to create an account or log in to your existing USAJOBS account.  Follow the prompts to complete the on-line assessment questionnaire. Please ensure you click the Submit My Answers button at the end of the process.

Note: To return to your saved application materials, log in at: and click on Vacancy ID 728775.

If you cannot apply online, you will need to:


1) Print the instructions and questionnaire by clicking View Occupational Questionnaire.

2) Print the 1203FX form to record your responses to the questionnaire.

3) Fax the completed 1203FX (all 6 pages but do not include a Cover Page for this document) to:  1-478-757-3144.

4) Print the  Fax Cover Page and include with any supporting documents you fax (e.g., résumé, transcripts, veterans documentation, etc.) to the same fax number above.


Please do not complete steps 1-4 above if you are applying on-line.


·     Your Resume - If you use your own resume, curriculum vitae, or any other written form you choose then you must describe your job-related qualifications that include beginning and ending dates for paid and non-paid work experience, hours worked per week, month and year of employment for each job title listed.


·     Responses to the Assessment Questionnaire


Other Supporting Documents: (Only submit if applicable to you.)


·     College transcripts - a Juris Doctor (JD) degree from an accredited law school; and

·     Bar Membership - a copy of your current membership with your application package.  At the last page of the Occupational Questionnaire, please upload this document as "other".

·     Veterans' Preference documentation (Copy of DD-214 provided must show type of discharge/character of service)


·     CTAP/ICTAP documentation


·     PHS Commissioned Corps Officer must submit a copy of latest personnel order


·     Noncompetitive appointing authority documentation




For Resume and Application Tips visit:


Philadelphia Services Branch
Phone: (215)861-3074
Agency Information:
US Office of Personnel Management
600 Arch Street
Philadelphia, PA


Once the online questionnaire is received you will receive an acknowledgement email that your submission was successful. We expect to make a selection within 45 days of the closing date of this announcement.  You will receive notice via email or by mail (if no email address was provided by you during the application process) once this process is completed (generally 4 - 6 weeks).

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