Appeal process hopeless ???


#1

I have been denied clearance. First I am needing info on appeal process. Time extension , how long can i ask for and what do they consider a good enough reason . Grounds for appeal ???. All I know is for one the Mo. DOR dragged ass for almost a year with info that might have made all the difference. They said I owed state taxes and made me appear inept by not telling me an amount. State taxes were huge in my decision. It took a couple of nasty emails , one thanking them for helping me lose my job at Honeywell, to get any action. Within 2 days of my emails I recieved a total tax compliant letter and money coming back to the tune of 1400.00 bucks… is this one item anywhere near close to being grounds for the appeal. If I would have had the money when I was supposed to have it. I would have been able to help out another item that was discussed. The fact that their decision was made based on bad information ???. This is just one of a few things like this I would like to bring up if I am heading in the right direction. Otherwise the appeal process feels like a hopeless endeavor only used by some to buy time.


#2

If you look at most appeals, new information that wasn’t in the original decision cannot be considered on appeal. Unless you have a good reason for not paying your taxes (like you were unemployed) then I wouldn’t bother with an appeal–but that’s just me.


#3

Was the denial for financial guidelines or multiple reasons (criminal/drug)? How many additional debts were there?


#4

If your denial was for financial reasons, then I’d suggest following Dave Ramsey and getting the finances in order and reapplying for clearance work in a year. If you had other reasons for denial would have to consider that as well.


#5

I had dwi’s ,unpaid taxes and there were 3 small things on my credit report that I didn’t list on the eQIP because I was unaware of them. I paid the IRS what I owed them. I paid the 3 things off the credit report when I became aware of them. I tried like hell for about a year to get something straight with the Mo. DOR but no help there until after my denial. I mention losing my job and they give me everything they should have a year ago.


#6

I appreciate you all’s help greatly , this site is awesome. I could read for hours every time I get on. I just don’t know what the ins and outside of the appeal process are. I don’t expect to win one but I did say I would do everything in my power to the end.


#7

Sorry to hear about that red Baron. It might be beneficial to consult with a security clearance lawyer if you haven’t done so already. I’ve seen some lawyers have success trying cases through the appeal process, but seems like an uphill battle in your situation. If your still interested in clearance work I’d hammer in on the denial reasons and provided mitgating evidence over the next year and retry. We’re you considering appealing the decision to delay the process to keep employment for a little while longer?


#8

This is not correct . . . When you appeal an SOR you and the government can bring in all sorts of new information. If either side appeals the judges decision, no new information can be introduced.


#9

I believe that was what bishop was saying… Red Baron is considering appealing the AJ decision, not the SOR. So no new information can be considered


#10

Just my take:get a clearance lawyer, wait for the SOR. Appeal. We see a lot of denials overturned and that gives me faith the process is not a rubber stamp. Having had a tax issue myself, I am painfully familiar familiar with the sentence stating new only info, etc. As stated on other threads, a repayment plan or paying is always more favorable than not paying…however the standard states a repayment plan is viewed like other financial problems. In your case, if it was error on their part and the other issues were minor you have a good chance of it being overturned. If they looked at the whole person and there were enough minor dings in several areas…it may not. Not sure how current the DWI’s are but if they are a few years in the past I do not see them as being a large hurdle as I successfully submitted several who cleared with same info.


#11

A friend of mine was working at a bank with an IC Sponsor and the job required a FS poly. They just found out on Friday the clearance was denied so effectively fired after working there since April. How long does it take for an SOR to arrive? If the decision is already made and they are effectively not working it means the SOR exists so hoping it arrives soon. I don’t have much info to share with them. They would have never quit their previous job to take this one if they thought there was any chance of not getting cleared.


#12

I tell all our applicants to keep working until cleared. Do not quit anticipating you will get through this process fast, or at all.


#13

Ed, this is from the Industrial Clearance Decision page:

“Applicant’s appeal brief contains documents and assertions that are not included in the record. The Appeal Board is prohibited from considering new evidence on appeal. He also cites to the effect that a clearance denial will have on him and his company. The Directive does not permit us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASE NO: 17-04350.a1”

Link: http://ogc.osd.mil/doha/industrial/2018/17-04350.a1.pdf

Unless I don’t understand what that means…but either way, a lawyer is a no-brainer.


#14

Yes . . . How does that conflict with what I said? The appeals board hears the appeal of an ALJ decision, not the appeal of a denial accompanied by an SOR.

When you go to the appeals board, your only argument is that the judge didn’t properly interpret the facts and events presented to him. That’s why you can’t introduce new evidence at that point.

When you have a hearing to appeal your initial denial, you can and should present all of the new evidence that you can.


#15

Gotcha. We were talking about different things…I thought the original poster was talking about appeal after he had already appealed and received a decision. My bad.


#16

I think your right bishop… He had the hearing already through Skype and trying to appeal the decision.


#17

Edfarmer , that is what I was led to believe also but is documented proof that I didn’t owe state taxes that I was judged on new evidence. I just was at the mercy of the DOR because they wouldn’t give me anything until I told them I lost my job. Hell the only reason I got anywhere was because I got so mad at them one Sunday I emailed the director of the Mo. DOR, with a not so nice email and got a response within the hour, on a sunday


#18

That is correct help clearance, but where is the line between new evidence and documentation to show I shouldn’t have been judged on the old evidence that was wrong?


#19

Amber bunny, I know that I had a pretty full plate of mistakes when I started this 2 years ago. The dwi’s were all over 10 years ago and they seemed ok with the fact that I don’t drink anymore. The 3 items all totalling about 350 bucks or so that I didn’t list on my eQIP is killing me. It’s as if they don’t believe me when I say oversight. Why would I purposefully leave out something so menial. I paid them immediately, along with what irs that was outstanding and would have had my local kc , tax paid if the DOR hadn’t wrongfully taken 1400 bucks from me which I should receive any day now. I feel like I have moved mountains to make things right in any and every aspect of my life over the last 2 years and what I get is. " you only did those things because you wanted a clearance " . I just cant win.


#20

So did the state Dept of revenue say you owed money when you actually we’re receiving a refund? They won’t consider new information, but I wonder if the appeal board would consider an appeal based on the fact that the information they had was incorrect. If you were denied largely based on being tax delinquent with state Dept and that information was invalid I can see you having a potential reason to appeal. A clearance lawyer would be a help with your situation.