DODCAF Response To Letter Of Intent To Deny or Revoke Clearance

How The Security Clearance Process Works

You Have Received A Letter Of Intent To Deny Or Revoke A Security Clearance

You’re working on the job with an Interim Security Clearance. You are called into the Security Officer’s Office, and are given a sealed envelope and you have to sign for it to acknowledge receipt. Inside is a Letter Of Intent to deny or revoke your Security Clearance from the issuing agency, (most likely Department of Defense, Consolidated Adjudications Facility (DODCAF).

The content in the sealed envelope is for your eyes only, and is not privileged to the Security Officer. Therefore, you and DODCAF are the only ones that know the specifics on why your Clearance is in jeopardy of being denied or revoked. Your employer, command, or Security Manager will only have information on the Guidelines that are in question.

• You receive a Letter of Intent To Deny when it is your initial application for a Security Clearance.
• You receive a Letter Of Intent To Revoke when you already have an active Security Clearance.

At This Point, You’re Likely Escorted Off The Job By The Security Officer

When you get your Letter Of Intent, things go steeply downhill from there. It’s an embarrassing situation, especially when you’ve had a Security Clearance for a long time already. You’re at work, and the Security Officer presents you with the letter. You sign to acknowledge receipt and the Security Officer escorts you to your desk. You are only allowed a few minutes to retrieve personal items.

The Security Officer takes away your access badges. Then, the most embarrassing part happens. You are escorted to the gate and essentially kicked out of your job. You’re left confused, insecure, and unsure about how to respond.

Very occasionally the employer will keep you on the job (depending on the employer). This is very rare and when it happens, it’s because they really like your work. The majority of employers will get rid of you. The employer does not see the Statement Of Reasons and does not know what they are. They do however know that you have issues and that you have only 30 days to respond.

• If you are a Government Contractor, your employer can terminate you without further notice.
• If you are a Government Employee, then you cannot be terminated until after you have exhausted all appeals processes.
• If you are active duty or reserve military, you are under contract and will most likely be re-assigned to a different job until the process is over. This depends on billet availability.

If You Want To Keep Working For That Employer, You Need To Hire Us ASAP

You have a very tight timeframe to respond to a Letter Of Intent—30 days. We recommend that you call us and retain us immediately on receiving one. You have a lot at risk, and this is a serious threat to your receiving or retaining a Security Clearance. You’re not working, and have to respond successfully to get back to work. If you delay taking action, you won’t have adequate time to respond.

You Retain Us and We Immediately Go To Work On Your Behalf

If your Statement Of Reasons (SOR) includes more than 10 allegations, we automatically request an extension. Without an extension, it’s unlikely there will be enough time to complete your response. Responses can run from 5-20 pages for the written part. We may have perhaps 100 pages of exhibits to accompany the written response. That takes considerable time to prepare.

• We automatically request an extension for allegations over 10.
• We evaluate the complexity of all allegations. If we feel that this is going to take some time for you to provide us with the requested documents, then even if it is under 10 allegations, we request an extension. 
• If you don’t retain our services until about a week or two before the Response to Statement of Reasons is due, then we also automatically request an extension.

In our first conversation, we immediately describe the process and what you can expect. You may have a number of government concerns under different guidelines, and we have to refute all the allegations. I give you a long list of documents you must provide so that you will have a strong case. These are the things that the government needs to see and how you need to document your responses for them.

It is critical that you provide all documents within the two-week timeline we give you. If you don’t, there won’t be adequate time for us to properly prepare your response. It’s going to feel frustrating. You’re going to have to scramble. You may have challenges in getting documents together in time. The “good news” though is that since you’re not working, you can focus on this as a full-time priority.

We Prepare Your Written Response And Document Everything For The Government

We start writing your response and document everything for you. Occasionally, during the time we’re writing, it may become obvious that there are additional documents to provide. Please set your mind to providing these as fast as possible. We’re working for you and on your behalf. We’re doing everything possible to meet your deadline, and to prepare a successful case for you.

Everything Depends On Your Timely Production Of Evidentiary Documents

We do not miss deadlines—sending a late response almost surely means your clearance would be denied or revoked. It is critical that you provide the requested documents timely—to prevent missing a deadline. If the response is received by the deciding agency after the due date, your clearance is likely to be denied or revoked. There is little to no tolerance in these agencies.

Sometimes the due date is fast approaching and we still have not received all requested documents. In those cases, we may need to submit the response without all supporting evidence. Obviously, this is not an optimum approach and is very likely to result in increasingly complex problems for you.

We Complete The Response; You Review It And Sign; We Submit The Response

Once the response is complete, we have you review and sign it. Occasionally, there could be small edits to be made so we need review time to be built into the process. Once you’ve reviewed and signed, we submit the response by Certified Mail to the requesting agency. In the case of Active Duty Military, Security Officers may request that the Response be submitted through them. Once submitted, then we sit and wait.

When Favorably Adjudicated, The Security Officer Notifies You That It’s Been Successful

The Security Officer notifies you of a favorable outcome. You are given your access back, can bring your personal items in, and hang your pictures back on your wall! You’re back at work.

If the written response is not favorable, our firm receives a Hearing Notice from the Department of Hearings and Appeals (DOHA). This letter goes directly to our firm, as we represented you and previously produced a Notice of Representation to the appropriate agency. The letter informs us that the case has been assigned to an Administrative Judge for a Hearing or Personal Appearance (depending on the agency).

Why You Need This Service

• When you’ve received a Letter Of Intent To Deny or Revoke, you’re in serious danger. It’s a hard fight to gain or regain a Security Clearance from this position. You definitely don’t know the best way to respond, and clearly need legal assistance for your case.
• Your employment situation is even more precarious at this point. Your chance of success has become even less. If you want to get or maintain a clearance, you can’t take any chances.
• You don’t know how to present your case so it will get a favorable outcome. You shouldn’t even be in this situation except you didn’t hire a security clearance lawyer for your application or for the response to interrogatories.  
• You recognize that you need legal help and are committed to investing (time, effort, and money) in presenting your best case.

Engage Us Immediately To Respond On Your Behalf To The Letter Of Intent To Deny Or Revoke

Give Us The Time We Need To Help You Present The Best Case

This is your livelihood, and your family is depending on you to win this case. It is a very small price to pay to hire Fischer & Van Thiel to regain your livelihood, and Clearance. Do not delay in contacting our firm.

We stand ready to assist you in this challenging time. You need help and we know how to help you. You’re in a position where you must act immediately. We’ll do everything we can to help you gain or regain a Security Clearance.

Request a No-Fee Consultation