Korody Law routinely receives calls asking for assistance to appeal a DoD ISCR security clearance denial after a judge has denied the clearance.
Because of the legal standard for a DoD security clearance appeal, an applicant normally has an uphill battle to win an appeal. THE BEST OPPORTUNITY TO OBTAIN A FAVORABLE SECURITY CLEARANCE DECISION IS FROM THE JUDGE WHO HEARS OR REVIEWS YOUR CASE.
THIS IS WHY A DOD ISCR SECURITY CLEARANCE APPEAL IS HARD TO WIN.
A review of a DoD ISCR security clearance appeal from a decision by a Department of Hearings and Appeals (DOHA) administrative judge is not like getting a new hearing. Rather, it is a review, with a few exceptions, for legal error. That is, the DOHA Appeals Board will give great deference to the administrative judge's decision and will not, generally, consider new arguments or evidence..
What does it mean that the DOHA Appeals Board will only review for legal error?
The Appeals Board will look to see if the judge applied the correct law; however, there is a lot of discretion given to a judge when it comes to credibility and weight of the evidence. The Appeals Board is not going to conduct it's own weighing of the evidence and generally accepts the judge's credibility determinations. In practice, that means that if the judge decides the applicant was not credible when he testified, the Appeals Board will adopt that finding.
How do I win my DOHA security clearance case?
You win your ISCR DOHA security clearance case in front of the judge at the hearing. You win your security clearance case by having experienced, qualified counsel diligently prepare your case challenging the Statement of Reasons and mitigating the security clearance concerns. You should NOT assume that can hire an attorney to fix your case on appeal if you lose.
How can Korody Law help me?
Attorney Patrick Korody has practiced security clearance law for more than a decade. He won his first security clearance case in 2008 and has not looked back. He is routinely praised by the DOHA administrative judges for his advocacy, preparation, and legal acumen. Mr. Korody is a former Navy JAG. His offices are located in Jacksonville, Florida. He has represented DoD servicemembers, civil service employees, and contractors facing loss or denial of a security clearance. He offers a free case evaluation and can be reached at 904.353.7261.