This position is in the Benefits Review Board's Black Lung and Longshore Divisions. The Boards, is an independent adjudicatory body with exclusive nationwide jurisdiction to consider and decide appeals raising substantial questions of law or fact taken by any party-in interest from decisions concerning claims filed under the Longshore and Harbor Workers' Compensation Act and its extensions, and the Black Lung Benefits Act (the Acts).
Summary
This position is in the Benefits Review Board's Black Lung and Longshore Divisions. The Boards, is an independent adjudicatory body with exclusive nationwide jurisdiction to consider and decide appeals raising substantial questions of law or fact taken by any party-in interest from decisions concerning claims filed under the Longshore and Harbor Workers' Compensation Act and its extensions, and the Black Lung Benefits Act (the Acts).
This is an Excepted Service position and is open to Benefits Review Board employees only. This position will be filled through an alternative hiring process in the competitive civil service.
Independently evaluates assigned cases by confirming that the briefing schedule is complete, checking for any pending motions, and ensuring all relevant documents are included for the appeal's resolution.
Conducts research on statutes, regulations, decisions, legislative history, and other legal sources pertinent to each case, providing thorough analysis of legal points, discussing relevant issues and evidence for case disposition.
Advises the Board, drawing upon existing precedents or applying statutory rules to analyze factual and legal matters rationally.
Supports and may attend oral arguments in unique cases before the Board; offers recommendations through written memoranda or outlines discussed at Oral Presentation; drafts decisions and orders per Board instructions and votes; prepares dissenting or concurring opinions in complex or novel cases; revises decisions and orders as directed by the Board; finalizes decisions and orders for Board approval and signature.
Mentors junior staff by offering guidance in case development, processing, and drafting memos, decisions, and orders; reviews the technical aspects of their work; ensures final decisions meet formatting standards and are free from typographical errors.
Manages project assignments and monitors ongoing casework; identifies and resolves potential problems to maintain progress toward case completion; reviews group outputs for legal quality, consistency, and policy adherence.
Acts as liaison to the Clerk's Office, ensuring timely transfer of cases to the Division. Uses Board procedure expertise and legal knowledge to advise the Clerk's Office on preparing cases for processing.
Maintains accurate records tracking case assignments, deadlines, and other essential details to ensure efficient case management.
Regularly determines the proper classification (Type I, II, or III) for cases referred to the Office of General Counsel, based on complexity, novelty, and number of issues involved.
Estimates preparation time for proposed decisions, orders, and memoranda, notifies the Associate General Counsel of potentially complex or novel issues, and assigns cases to attorneys for timely resolution.
Provides counseling and instruction to new attorneys regarding style, key legal concepts, precedents, and overall Board policy.
May be assigned special projects such as developing, compiling, or revising policy directives, legal research instructional materials, and staff training aids.
Requires a trial period if the requirement has not been met.
Appointment to this position may require a background investigation.
You will be required to submit to Suitability/Fitness for the Trust Determination Process.
Qualifications
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. Position titles alone cannot be used to determine if you are qualified. Please list dates in MM/DD/YY format. This is imperative in determining if you have at least one year of creditable specialized experience. Dates will not be assumed.
To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory, or possession of the U.S.; and have acquired the amount of experience indicated below
For the GS-14 grade level: Applicants must have three (3) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year (52 weeks) of qualifying experience must be 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 the job.
Specialized Experience: One year (52 weeks) of post-J.D. specialized experience, at or equivalent to, the GS-13, in or directly related to this position.
Specialized Experience that is qualifying for this position is described as:
Having a proficient knowledge of the Black Lung Benefits Act or or the Longshore and Harbor Workers' Compensation Act and its extensions
Litigation experience through appellate or federal law, such as workers' compensation experience.
Experience working independently to review and analyze cases, make recommendations, and draft legal opinions or arguments.
NOTE: A LL.M. may be substituted for a maximum of one year of experience.
Education
A LL.B or J.D. is a requirement for this position. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement, your application will be deemed incomplete and you will be ineligible for further consideration for this vacancy.
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 coursework requirements for this position. Click Evaluation of Foreign Education for more information.
Additional information
Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements.
This position is inside the bargaining unit. If the duty location is within the Washington, D.C. metropolitan area, the position will be included in the Local 12, AFGE bargaining unit. If the duty location is outside the Washington, D.C. metropolitan area, the position will be included in the NCFLL bargaining unit.
The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers.
As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information, and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION.
This position is at the full performance level.
For more information, click Telework Position Information. This is not a remote work position. The selectee will report to an assigned DOL office location on a regular basis and is eligible for participation in telework as determined by management in accordance with DOL policy.
Based on agency needs, additional positions may be filled using this vacancy.
The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicant's criminal history information before the agency makes a conditional offer of employment. If you believe a DOL employee has violated your rights under the FCA, you may file a complaint of the alleged violation following our agency's complaint process: Guidelines for Reporting Violations of the Fair Chance Act.
Note: The FCA does not apply to some positions specified under the Act, such as law enforcement or national security positions.
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
This is an Excepted Service position and is open as well to Non-Citizens as allowed by law. This position will be filled through an alternative hiring process and is not in the competitive civil service. 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 inter-disciplinary legal environment by timely reviewing facts, identifying and resolving issues, enumerating options, and formulating recommendations.
It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. You are not required to submit a document if it does not apply to you.
Resumes: Applicants must provide a resume either by creating one in USAJOBS or uploading one from their profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions and confirm that your resume supports your question responses.
Bar Certification: You must provide proof that you are a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.
Transcript(s): You must provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position. Unofficial transcripts may be submitted during the application phase of the process, although you will be required to submit official transcripts for verification purposes before you are hired. Please note that you must earn a J.D. or L.L.B degree before you can begin working.
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 the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference.
You may also find more information on positive considerations for attorney hiring here.
Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.
Applicants selected for employment who 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.
NOTE: If you are selected, your OFFICIAL Transcript(s) MUST BE RECEIVED before the firm offer with a start date is provided.
Do not upload password-protected documents.
Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
As a condition of employment for accepting this position, you may be required to serve a 1-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your 1 year trail period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
If you are relying on your education to meet qualification requirements:
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.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Important - Save your information before the 30-minute system timeout! For help, go to the USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step, Documents, is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and notifications sent by the hiring agency regarding your application.
NOTE: It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
Office of the Secretary of Labor
200 Constitution Avenue NW
Washington, DC 20210
US
Next steps
Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interviews. You will be notified of the outcome. A selection is expected to be made within 30 calendar days from the issuance date of the certificate.
For instructions on how to check the status of your application, go to USAJOBS Help Guide.
USAJOBS will no longer send status alert email notifications. You can check your application status in the TAS by logging into USAJOBS and in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency's point of contact on the job announcement.
To verify that your application is complete, log into your USAJOBS account, select the Application Status link, and then select the more information link for this position. The Application page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process. To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. You are not required to submit a document if it does not apply to you.
Resumes: Applicants must provide a resume either by creating one in USAJOBS or uploading one from their profile. To receive full consideration for relevant and specialized experience, please list the month, year, and number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions and confirm that your resume supports your question responses.
Bar Certification: You must provide proof that you are a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.
Transcript(s): You must provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position. Unofficial transcripts may be submitted during the application phase of the process, although you will be required to submit official transcripts for verification purposes before you are hired. Please note that you must earn a J.D. or L.L.B degree before you can begin working.
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 the veteran's consideration. Additional information is available at Feds Hire Vets - Veterans Preference.
You may also find more information on positive considerations for attorney hiring here.
Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.
Applicants selected for employment who 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.
NOTE: If you are selected, your OFFICIAL Transcript(s) MUST BE RECEIVED before the firm offer with a start date is provided.
Do not upload password-protected documents.
Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
As a condition of employment for accepting this position, you may be required to serve a 1-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:
- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.
Upon completion of your 1 year trail period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
If you are relying on your education to meet qualification requirements:
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.
Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.
Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time on the vacancy closing date to receive consideration.
Important - Save your information before the 30-minute system timeout! For help, go to the USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete. For each employment period, include start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week) otherwise, your application may be considered incomplete.
NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.
STEP 2 - Complete the 1st part of the application process (USAJOBS). Once you have identified a job on USAJOBS that you wish to apply for, click on the job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. In the final step, once you have certified your application, click the Continue to agency site button.
STEP 3 - Complete the 2nd part of the application process (DOL). On the Department of Labor (DOL) page, create a DOL Account if you have not already and click Apply to this vacancy. Continue through the progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step, Documents, is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.
STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.
STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.
To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed.
To view the announcement status or your application status: Visit https://www.usajobs.gov/Help/howto/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and notifications sent by the hiring agency regarding your application.
NOTE: It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
Office of the Secretary of Labor
200 Constitution Avenue NW
Washington, DC 20210
US
Next steps
Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interviews. You will be notified of the outcome. A selection is expected to be made within 30 calendar days from the issuance date of the certificate.
For instructions on how to check the status of your application, go to USAJOBS Help Guide.
USAJOBS will no longer send status alert email notifications. You can check your application status in the TAS by logging into USAJOBS and in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency's point of contact on the job announcement.
To verify that your application is complete, log into your USAJOBS account, select the Application Status link, and then select the more information link for this position. The Application page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process. To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
