where can i find an attorney for a federal clearance appeals

Find out if you are eligible to file an appeal: Contact a national security clearance lawyer at The Edmunds Law Firm today at (800) 481-2526 to schedule a private discussion with our lawyer.

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Are there any security clearance lawyers in the US?

Oct 28, 2021 · You need your security clearance lawyer to tell your story to the Defense Office of Hearings and Appeals (DOHA) judge. It’s about creating the ‘whole person’ picture. So, whether your case just needs some more context or it needs actual facts, a security clearance lawyer is a key piece of the puzzle. And in that search for a lawyer, make ...

Can I appeal my security clearance determination?

Dec 05, 2012 · Your communication with an attorney can be handled largely by telephone and email. There are experienced attorneys located in other areas, but most are in Virginia, Maryland, and the District of Columbia, because that’s where many of the hearings are held. Hearings can be held at other locations and can also be conducted by video tele-conference.

Who is entitled to appeal a federal court of Appeals?

This may happen if you are applying for security clearance or if you are being promoted to a new position within your agency. As soon as you receive an unfavorable suitability determination, you need to contact a federal employment lawyer. You have the right to appeal the determination to a Merit Systems Protection Board (MSPB) judge. No decision is allowed before you give a …

Where can I find the fee schedule for the Court of Appeals?

The Process Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time — usually about 15 minutes — to present …

How do I appeal a security clearance denial?

If a decision is made to deny a clearance, the applicant is notified in writing and advised of their right to appeal the decision. Any applicant may appeal a clearance denial or revocation to the federal agency's three-member Personnel Security Appeals Board (PSAB). PSAB decisions are made by a majority vote.

Can you appeal a security clearance decision?

Appealing the Decision If you're a federal employee or a government contractor, you can formally appeal a security clearance denial. As a federal employee, you can request a hearing before the appeals board or administrative judge, where your case will be heard and evaluated.Nov 11, 2020

Why do people fail security clearances?

In some cases, a security clearance investigation may be stopped and the application returned. This is due to problems with the application itself, rather than the applicant's background. This means that procedural rules were not followed or not followed properly and the application must be re-accomplished.

What disqualifies you from a government clearance?

Those include criminal convictions that lead to a prison sentence of a year or longer, receiving a dishonorable discharge, “criminal incompetence,” and drug addiction.

How long does it take to appeal security clearance?

If you feel you have been unjustly denied security clearance, for any reason, you can appeal for a reversal of the decision. The federal government can take up to six months to approve your application for security clearance.Feb 21, 2018

When a security clearance is denied or revoked the decision is final True or false?

If the decision is to deny or revoke the security clearance, the individual has the opportunity to appeal the decision to the Appeal Board. The Appeal Board will review the case file and render its decision. This decision is final and concludes the appeal process.

What percentage of security clearances are denied?

You may even wonder if you should continue with the process, particularly if you're not getting a paycheck while you wait. But don't lose heart – 20-30% of all interim security clearances are denied, but that is vastly different than the figure of final clearance denials, which hovers around 1%.Nov 9, 2020

Can family members affect security clearance?

Absolutely! In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance.

Can you get a security clearance after being denied?

Federal contractors, civilian government employees and military personnel can reapply for a security clearance after a period of one year. Don't be discouraged by a previous denial. ... Just because you were previously denied a security clearance before, that doesn't mean that you can't get one now.

What are the 5 levels of security clearance?

National Security Clearances are a hierarchy of five levels, depending on the classification of materials that can be accessed—Baseline Personnel Security Standard (BPSS), Counter-Terrorist Check (CTC), Enhanced Baseline Standard (EBS), Security Check (SC) and Developed Vetting (DV).

Does security clearance check bank accounts?

Yes they check everything about you, they are done by a third party. its a sweep done by the IRS so they know where you have an account at.

Is there any program for security clearance holders?

The Defense Counterintelligence and Security Agency announced Tuesday that all DoD clearance holders are now part of its continuous vetting program. This means that if an employee comes under criminal investigation, or forecloses on a home, multiple agencies will ping DCSA with the news immediately.Oct 5, 2021

Top-Ranked Attorneys Serving Clients Since 1976

The Edmunds Law Firm has extensive experience in helping individuals nationwide with their security clearance matters, including appeals. A security clearance appeal may be appropriate for a person whose national security clearance was denied or revoked.

When Is an Appeal Appropriate?

Many people are required to undergo a security clearance in order to gain access to classified or secret information, including military members, law enforcement, federal employees, and government contractors.

Our Lawyers Take a Personalized Approach: Call Us Today

With more than 40 years of experience in national security clearance matters, The Edmunds Law Firm recognizes that the key to success is providing each client with full insight into their specific circumstances.

Probability of SUCCESS

I reviewed 500 cases decided by Administrative Judges (AJs) at the Defense Office of Hearings and Appeals ( DOHA) between March and October 2012.

Other Factors

It’s possible that applicants who seek the assistance of an attorney are predominately those with the poorest likelihood of success.

Cost of Security Clearance Attorney Versus CONSEQUENCES

The cost of an attorney who prepares your SOR response and who represents you at a hearing should range from about $3,000 to $7,000 (plus expenses), depending on the complexity of your case.

DOHA Adversarial Process

For defense contractor personnel the clearance hearing is an adversarial process. Your adversary will be a DOHA “Department Counsel” ( DC ), an experienced attorney who specializes in representing the Government at clearance hearings.

Before Selecting a Security Clearance Attorney

If you expect it will take more than a few days to select an attorney, submit a Privacy Act request for a copy of your security clearance investigation and any other Government documents you may need.

Selecting an Security clearance Attorney

There are very few attorneys experienced in security clearance cases, but you don’t have to find an attorney who has an office near you. Your communication with an attorney can be handled largely by telephone and email.

Protecting Your Rights When You Are Faced With Adverse Actions By Your Agency

As you work your way up the “federal ladder,” or even as you enter the civil service, you may find that you are hired for a job, then your agency finds some reason you are not fit to serve in this position. This may happen if you are applying for security clearance or if you are being promoted to a new position within your agency.

Helping You Obtain Disability Retirement Benefits

In order to qualify for disability retirement benefits, you have to qualify under your federal program. There are several requirements you must meet, including:

Offering Counsel Along The Way

There are many circumstances in which you may not want to formally retain our services but may wish to have access to our knowledge so you can ask questions about the process or get a sound legal opinion on your case.

What is the brief of an appellant?

In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

What is a federal administrative review?

A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs — for example, disputes over Social Security benefits — may be obtained first in a district court rather than a court of appeals.

How long is an oral argument?

Each side is given a short time — usually about 15 minutes ...

Can a federal court grant certiorari?

The Supreme Court, however, does not have to grant review.

Does the Supreme Court hear appeals?

There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. Different types of cases are handled differently during an appeal.

Can a defendant appeal a guilty verdict?

The defendant may appeal a guilty verdict , but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict.

Is an appeal final?

Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.

What is the DOHA appeal board?

On appeal, the DOHA Appeal Board will defer to the AJ’s credibility determinations. The DOHA board is comprised of three DOHA lawyers and/or AJs. The DOHA Appeal Board can affirm, revise, or remand (send the case back to the AJ for further consideration).

What is a security review?

The Department of Defense Central Clearance Facility (DoDCAF) acts as the agency adjudicator for most government contractors and civilian and military employees. DoDCAF is located in Fort Meade, Maryland, and is charged with processing security clearances for most federal employees and government contractors. DoDCAF will then review the case in order to determine whether a security clearance shall be granted or, alternatively, whether a Letter of Intent (LOI) to deny should be granted. Security clearances handles by other federal agencies, such as CIA, NSA, DIA, NGA, etc., follow a similar path at this point.

What an Appeals lawyer can do for you

Experienced appellate attorneys will assume the various aspects of an appeal, including preparation for trial, consultations at the trial court level, and editing briefs and preparing oral arguments.

Why hire an Appeals attorney

If you file a lawsuit and lose the case, you can appeal the decision to the next highest court, which is called the appellate court. Appellate lawyers often specialize in arguing appeals; that is, they specialize in arguing why the decision of the lower court was wrong (or why it was right, for the party that won).

How long does it take to appeal a reclassification?

In order for the decision to be made retroactive, the employee must appeal the classification to either the agency or the Office of Personnel Management, but not both at the same time, within 15 calendar days after the effective date of the reclassification action.

What is the OPM decision number?

The 12-character decision number is made up of C (for classification appeal), 4 digits for the OPM-certified occupational series of the position, 2 digits for the OPM-certified grade of the position, and 2 digits for the number of the decision for that particular series and grade.

What is section 5107?

First, section 5107 of title 5, United States Code, prohibits the classification of positions on the basis of position-to-position comparisons. Second, these decisions do not provide enough information for direct application in the classification of other positions.

Does an OPM grade go up or down?

Although the OPM-certified grade may be higher or lower than the grade assigned by the agency, this does not necessarily mean the grade of the employee in the position will automatically go up or down . An agency has a number of options available to it when complying with an OPM classification decision. Regardless of our decision, the employee's agency still has full control over the assignment of duties to a position and who performs those duties. Any personnel action affecting an employee resulting from our classification appeal decision will be taken by the employee's agency.

Top-Ranked Attorneys Serving Clients Since 1976

• The Edmunds Law Firm has extensive experience in helping individuals nationwide with their security clearance matters, including appeals. A security clearance appeal may be appropriate for a person whose national security clearance was denied or revoked. If you’re dealing with a denial or a related issue, contact The Edmunds Law Firmto discuss your legal rights and options.

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When Is An Appeal Appropriate?

Our Lawyers Take A Personalized Approach: Call Us Today