Who This Service Is For
This service is for a contractor who has failed to prevail at a Security Clearance Hearing, and wants to appeal.
- There is a strong case to be made for the fact that the judge overlooked important evidence, and you believe you’ll prevail on appeal.
- Contractors are the only ones who are able to appeal to the government with a written appeal.
How The Security Clearance Appeals Process Works
You Must Immediately Provide A Written Response
When we do these security clearance appeals, it’s very difficult. If it’s clear that the judge overlooked something or did not consider some of the evidence submitted, we can make a good case for you. You must have a real reason to appeal—it’s not something to do lightly.
The appeal is a written Appeal Of the Judge’s Decision To Revoke/Deny your clearance; it’s not done in person. Less than 1% of these appeals is successful. When your Security Clearance is revoked, you receive a list of reasons why it was revoked. If it is obvious from that list that the judge did not take into consideration some of the evidence submitted, we will take on the case.
We Have A Very Tight Timeline For Response
An appeal has very strict time guidelines. We only have 15 days from the date the judge made the decision. Often, mailing can take 7 of those days for the decision to arrive. We must request an appeal within that 15 days. Once you have engaged us, we immediately fax a Request For Appeal.
From the day we request the appeal, we have 30 days to write and submit your appeal. The Defense Office of Hearings and Appeals (DOHA) acknowledges the Request For Appeal. We must adhere to very strict guidelines.
Often Research Of Similar Case Decisions Can Win An Appeal
We research case decisions similar to yours, to present the best case possible for you. We’ve found that this type of research often uncovers supporting precedents. Not only that, with 35+ years of Security Clearance experience, we know the in’s and out’s, and that favors you.
We Write and Submit The Security Clearance Appeal On Your Behalf
While we’re doing research, we write the appeal for you. A good thing about an appeal is that we can fax the appeal on the 30th day and be within the submission deadline.
The Appeals Division Has 30 Days To Respond
The Appeals Division has 30 days to respond. Although a decision is “supposed” to be rendered within 30 days, sometimes it can take longer. The Judge that made the original Decision is not part of the appeals board. Another Judge is assigned to review the case and then either change the decision or uphold the decision.
It is also important to understand that your Security Clearance has already been revoked/denied. Even though you are appealing the Judge’s decision, you do not have a clearance. If the appeals board changes the decision, then your clearance will be reinstated.
The Appeal Of Final Decision To A Hearing Ends In One Of Two Ways
1 In 99% of the cases, the “judge’s order is upheld”. That’s the end of it. There is a very strong possibility that you’re going to be terminated. Once the decision is made in the Hearing, the judge officially revokes your clearance. In most cases, you are terminated from the job. In a few cases, you may be allowed to fill an open non-classified position.
2 If the Judge’s decision is overturned, then you will regain your clearance and be able to continue with your work.
Why You Need This Service
- The deadline to appeal is so tight that only someone experienced would have a possibility to prevail.
- We research cases similar to yours to make the best case for you.
- You want to be represented by a firm that has extensive experience in writing these types of appeals.
- Your entire career is in extreme jeopardy. You need to have legal representation by a security clearance lawyer.
How This Service Helps You
- We submit the request for an appeal for you.
- We provide you an overview of the entire process and timeline.
- We advise you on anything you need to do and the kind of additional evidence that is required.
- We research similar cases to make the best case for your situation.
- We write the written appeal pointing out the evidence that may not have been considered.
- We submit your appeal for you by the due date.
You’re A Contractor Who Wants To Appeal Revocation of Security Clearance
You Need Legal Representation To Write And Submit Your Appeal
An appeal to a decision to revoke a Security Clearance requires legal representation. Fischer & Van Thiel is committed to doing our best to support you in your appeal. If you believe the Judge did not consider certain evidence that you submitted, let’s talk about writing an appeal for you. Contact us now to get started.
Request a No-Fee Consultation
Where To Next?
Now that you understand how this service works, you may want to review our Reapplication to Form SF 86 After Revocation Of Clearance service to see how it might help you. For the full details of that service, go to Reapplication to Form SF 86 After Revocation Of Clearance.