- Have you been denied a FOID card because of a mental health issue?
- Are you required to get a certification or evaluation by a psychologist as part of your appeal of a FOID card denial?
- Are you a police officer whose FOID card has been revoked and need a psychological fitness evaluation in order to file for an emergency appeal?
If so, Dr. FOID can help!
Kenneth H. Kessler, Ph.D. is a licensed clinical psychologist in the State of Illinois who has been practicing as a forensic psychologist since 1996.
He is familiar with the types of evaluations necessary for court proceedings and appeal board hearings. He has testified in circuit court cases as well as federal court cases.
Dr. Kessler is an expert in the area of professional ethics and has trained many mental health providers on relevant aspects of the FOID and concealed carry laws in Illinois.
He has served in a variety of capacities in the regulation of the mental health profession in Illinois. He has also conducted numerous fitness for duty and pre-employment evaluations of police officers.
Bottom line - If you need a FOID related psychological evaluation, Dr. Kessler has the experience and knowledge to help you.
Each case and appeal is different. Dr. Kessler will begin by discussing your situation with you (and/or your lawyer, if you have one) and determining the appropriate course of action to take with your evaluation.
There are very specific laws and rules that determine what the evaluation must include and the types of issues that must be addressed in the evaluation and report. Dr. Kessler will discuss these with you and together you will determine if it is appropriate to continue with the evaluation process.
If you have been denied a FOID card, your appeal depends in part on the type and quality of psychological evaluation you submit as part of your appeal.
Don’t trust your Second Amendment rights to someone who is not experienced in this type of evaluation.
Your ability to get a FOID card depends on it!
- How much does it cost for an evaluation and what insurance plans do you accept? Evaluation costs typically run between $800 and $1800. Appeals fall into two general categories - those where fewer than 5 years have passed since the hospitalization or mental health prohibitor and those where more than 5 years have passed since the hospitalization or mental health prohibitor. Evaluations where it has been longer than 5 years are on the $800 end of the spectrum and those where it has been fewer than 5 years are on the $1800 end due to the more extensive nature of the evaluation requirements. Health insurance does not cover the costs of the evaluation.
- How do you conduct a psychological evaluation for a FOID denial appeal? Each evaluation is different and dictated by the circumstances of the case. Another factor that has to be considered is the time elapsed since the event or events in question occurred. Evaluations, at a minimum, consist of a thorough historical review, collection of information from multiple sources, review of pertinent medical and psychological treatment records and objective psychological testing.
- If I am denied a FOID card or if my FOID card is revoked for mental health reasons, how do I appeal this decision? This is a legal question and best directed to a lawyer who specializes in FOID appeals. You can find information on the appeal process for mental health issues at the Illinois State Police Website by clicking here.
- My FOID card has NOT been denied or revoked, but I just want to apply for a FOID card. How do I do that? Initial FOID applications can be started here.
- I have an attorney I am working with on my appeal. Will you work with him/her as you plan and conduct your evaluation. Yes. Most definitely. If you are working with an attorney, Dr. Kessler will consult with him/her prior to conducting any evaluation to ensure that your appeal is properly coordinated.
- Could my family doctor or clinical psychologist I saw for treatment in the past complete this evaluation and file the necessary forms with the State Police? Maybe. Evaluator requirements depend on the length of time since the mental health prohibitor. Also, clinicians have differing levels of comfort in understanding the requirements of the State and in their willingness to do an evaluation of you and complete the necessary reports and certification forms. Certain requirements must be met for the evaluation process and they are spelled out in this document (see item 5 in particular).