If the administrative judge in your case issues an unfavorable decision, your likelihood of obtaining a reversal on appeal is dismal. The rate of reversal on appeal is only five percent or lower (5%). And if government counsel appeals your favorable decision, they obtain a reversal against you ninety-five percent of the time (95%). Furthermore, the Appeal Board will not consider any new evidence on appeal.
Despite these daunting statistics, there are bases upon which a case can and should be appealed. They include:
- When the administrative judge has shown bias which has affected his/her fairness and impartiality. The standard for determining bias is whether the record of the proceedings contain any indication that the judge acted in a manner that would lead a reasonable, disinterested person to question the fairness and impartiality of the judge.
- When there has been a mistake of law or fact. The appealing party must raise claims of error with specificity and identify how the administrative judge committed a factual or legal error.
- When the administrative judge has committed abuse of discretion. A judge’s decision to grant, deny, a security clearance may be reversed on appeal if the judge’s decision is arbitrary, capricious, or contrary to law.
- The administrative judge fails to take a significant aspect of the case into consideration.
Don’t take a chance! Appeals must be filed promptly. Contact me today so I can evaluate your security clearance case and see if you have a basis for appeal.