I’m preparing to hopefully be favorably adjudicated sometime in this lifetime, however, I have two, relatively small, unaddressed debts. I attempted to make consistent payments on them last year (one debt for $2k and the other for $5k) and so I do have those receipts from last year.
Here is my question: Is it EVER possible to be favorably adjudicated with unpaid debts not currently being paid? I certainly addressed the debts in the “pre-screen questionnaire” but there may be an issue with my inability to pay those debts.
My guess is this: I would be favorably adjudicated for a Public Trust but if there is a contract specific stipulation in regard to debt then I would be screened out before even being considered by the Government. True?
Your previous posts make it sound like you have many more issues than just the one you cite above, namely:
Honesty issues from failing to disclose drug/alcohol related offenses
3 or 4 unpaid debts with only payment plans, and no payments towards them
Unpaid taxes
The combination of things is not looking good for you, especially if you’re not even making payments. Payment plans alone mean nothing. The biggest issue (by far) will be honesty. It also happens to be the hardest to refute.
Yes . . . You can clear with unpaid debt that is not currently in a payment plan. But, you will likely get a denial and be forced to prevail on appeal. You will need to produce some very good mitigating documentation and present it well. If you can’t do this yourself, a clearance lawyer or other representative is highly recommended.
It depends on which form you will be filling out. Also, it depends on the position and agency. For example, you might have better chance with positions that do not deal with finance/accounting/etc. Also, Department of Treasury agencies take debts seriously.
This is what is wrong with the clearance process. If someone is denied, they should be denied. The appeal should be for something that is wrong, like they had the wrong information.
And this is what the issue is, lawyers wanting to make a dime at a risk to national security.
No . . . and no . . . Denials are often not much better than arbitrary decisions. The truth is closer to the other way around. The arbitrators should have a clearer understanding of the guidelines and mitigating factors so that they can make better decisions and account for the same things that the ALJs use to make their decisions. From what I have seen, personally, privately and on this forum is that adjudicators regularly ignore mitigating factors and personal statements. They do NOT take the “whole person” approach and simply issue denials that are then completely supported by the government lawyers that attend to appeals. The fact that, in an appeal, you will sit opposed by an attorney is the reason for so many recommendations of representation.
In my case, the brief that CAF produced for my appeal made no attempt what so ever to oppose the mitigating information that painstakingly provided. They simply ignored 100% of it. The judge, on the other actually appeared, based on his written decision, to have both read and understood what I wrote.
This is the way I see it. Thanks to Patriot for stoking this conversation by the way, I’m simply going to have to get on a payment plan for the remaining debts (haggling and obtaining proof is probably always easier said than done); yes… it is me from the previous posts and yes, I have cleaned up numerous debts since then… I was ultimately discontinued from TS access after 10 months which was such a debilitating and heartbreaking experience for me. I have a copy of OPM’s decision and so I know exactly what else needs to be fixed and I’ll be doing just that accordingly while filling out my next SF-86, which, again, I don’t take for granted. Granted, I was only 29 years old at my first attempt, and, from my best understanding, most Feds are much older than I am, is this true? Well, regardless, I’ll do what needs to be done taking no chances with debts. The position will be law enforcement, and, again, the debts are $5k and $2k…
Law enforcement, not that it means anything. I don’t want to need to appeal anything. I thoroughly understand that I’d better get on a payment plan for my two remaining debts.
I’ve paid off most of my debts and I may get a second chance at a new SSBI, God willing. I now have a copy of the issues from OPM (the adjudicator) and I know what exactly to list on my next SF-86. It looks like I need to start making payments on these debts or I won’t pass no matter the argument. I would NEVER risk outright denial even if the common consensus is a pass over unpaid debts on appeal, that is FAR too risky for me.