Being denied clearance can jeopardize your professional and personal future. If you or your loved one has been experiencing difficulties with gaining or retaining security clearance, a security clearance attorney from McCormack & McCormack can help vet your available options to protect your clearance and your future. In many cases, one of the most viable options available is a security clearance hearing.
The hearing will allow you to present your case before an administrative judge, who will then render a judgment about your security eligibility. As hearings are an opportunity that you must take full advantage of, working with our firm can prove instrumental in helping you navigate the unfamiliar and complex legal process and in obtaining the results you need.
For cases falling under the purview of the Department of Defense (DoD), the adjudication of a clearance can be conducted either by a review of the File of Relevant Material (FORM) by an administrative judge or by presenting a case at a hearing or appearance before an administrative judge. In all but the rarest of cases, it is often advised that these matters be decided through a hearing / appearance.
Congressional testimony before the Senate Armed Services Committee reports that for Defense Office of Hearings and Appeals (DOHA) cases involving industrial personnel security clearances, administrative judges deny clearances in roughly 85% of cases where no hearing is involved. In cases in which a hearing takes place, administrative judges still deny clearances more than 60% of the time. At McCormack & McCormack, we have obtained successful results far exceeding these percentages.
Either losing party is also able to appeal the administrative judge's decision. In cases where the administrative judge has granted a clearance and the government appeals that decision, the clearance is denied approximately 70% of the time. For cases that involve an administrative judge's denial and an applicant's appeal, clearance is granted in less than 2% of cases. In cases that involve employees of federal agencies, Congressional Testimony reports that final security clearance decisions are often consistent with the recommendation of the administrative judge.
Congressional testimony and data confirm a clear message. In most cases, requesting a hearing or appearance to present your case before the administrative judge often provides the best chances of gaining or maintaining a security clearance.
At McCormack & McCormack, our security clearance attorneys work diligently to help you understand exactly where you stand, all of the options you have available, and how pursuing a security clearance hearing may be of benefit in your particular situation. As these cases are hinged on our ability to develop customized strategies suited to your circumstances, our legal team makes it a point to work closely with you throughout the entirety of your case.
If you wish to learn more about security clearance hearings, feel free to contact a security clearance attorney from McCormack & McCormack today.