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B. Daniel Lynch is an experienced litigation and security clearance attorney in California who can help you get a security
clearance, or protect your current security clearance, including providing any or all of the following services:
- counseling you on properly filling out the SF-86/ EQIP security clearance application, on answering Interrogatories,
and in preparation for investigative interviews
- assisting in preparing your response to the Statement of Reasons, and selection of supporting documents
- representing you at the Hearing before an Administrative Judge. More than 80% of those represented at DOHA hearings
by B. Daniel Lynch have obtained/kept their clearances, see, e.g., recent cases ISCR case no. 07-07208 [decided 2-22-08],
07-04450 [decided 2-11-08].
- writing your appellate brief if there is an appeal from the Decision of the Administrative Judge
Attorney's fees are reasonable [see FAQs] and may be tax deductible [see FAQs], and are a good investment in your career
and future income [see FAQs].
Evening or weekend appointments or phone consultations may be scheduled
Call B. Daniel Lynch toll free at 1-877-839-2504
or e-mail BDLLO@aol.com to discuss how we can help you. All communications are confidential and privileged.
AVOIDING PITFALLS IN THE SECURITY CLEARANCE APPLICATION PROCESS
GETTING
A SECURITY CLEARANCE / KEEPING YOUR CURRENT CLEARANCE You will be required to fill out an SF-86 security clearance
application. At a later time, you may be required to provide written responses to Interrogatories on certain issues. Finally,
a DSS/OPM Agent may interview you in person, looking for discrepancies or incorrect statements in your application or responses
to Interrogatories, or other information which may lead to denial of your application under DoD Directive 5220.6 Guidelines.
The SF-86 questionnaire is available in PDF format through the US Office of Personnel Management: http://www.opm.gov/forms/pdf_fill/SF86.pdf
RESPONDING TO THE STATEMENT OF REASONS [SOR] As soon as you receive a Statement of Reasons, you
should consult with a security clearance attorney regarding how you should respond and what documents, if any, you should
provide. Sometimes, the allegations of the SOR are ambiguous or misleading. The Applicant must be careful to neither admit
an allegation that is not clearly correct, nor to deny what is clearly correct. Your response to the Statement of Reasons
is a sworn statement and will usually be read by the Administrative Judge before the Hearing. Be sure to comply with all the
requirements in the letter accompanying the Statement of Reasons, including to swear to the response, and to have your signature
notarized. You also should state if you request a Hearing.
HEARING BEFORE AN ADMINISTRATIVE JUDGE In most cases, it is wise to request a Hearing,
where you will be able to show that you are a responsible citizen and able to testify to all relevant aspects of the allegations
of the Statement of Reasons. You can also call coworkers and other witnesses to testify on your behalf.
You can be represented by a security clearance attorney who can file a Hearing Memorandum, which contests
the arguable allegations or implications of the SOR, and marshals the evidence in your favor, including persuasive letters
of recommendation and other Exhibits.
Your attorney can prepare your case for the Hearing, making sure that you and your witnesses are prepared
to testify effectively. The Hearing itself is conducted much like a Federal District Court non-jury trial. Your security clearance
attorney can do an Opening Statement, Closing Argument, direct examination of yourself and your other witnesses, and cross
examination of any Government witnesses.
APPEAL OF DECISION OF THE ADMINISTRATIVE JUDGE The Decision
of the Administrative Judge is appealable by either the Applicant or the Government. Each side is allowed one brief, and there
are no court appearances. Notice of Appeal must be filed within 15 days of the date the Decision is entered.
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B. Daniel Lynch Law Offices
301 E. Colorado Blvd., Suite 709
Pasadena, CA 91101-1911
(626) 796-3182
Toll Free: 1-877-839-2504
Last updated on
Security clearance attorney B. Daniel Lynch, California State Bar No. 57661, can provide you with legal counsel at all
stages of the security clearance process in both Defense Office of Hearings and Appeals (DOHA) and SCI areas. For example,
in the DOHA proceedings, attorney Lynch can provide legal advice regarding the pitfalls of filling out the SF-86 (see below),
and on how to best respond to a Statement of Reasons (see below). If the case goes to a hearing, he will assist you in preparing
the case for the most effective presentation of evidence and argument, and will represent you at the hearing. If there is
an appeal, he can also represent you at that stage in preparation and filing of the Applicant’s Brief on Appeal.
LEGAL DISCLAIMER: The information at this web site is for advertising and general information purposes. This information
is not intended to be legal advice for you to rely on to make decisions regarding your particular situation.
B. Daniel Lynch is a California Attorney, who handles security
clearance cases at the Woodland Hills, California Defense Office of Hearings and Appeals (DOHA), Department of Defense (DoD),
and other hearing sites. He also provides advice regarding responding to the Statement of Reasons, filling out the SF 86 application,
and other applications of Directive 5220.6 and security clearance law. He is among the most experienced security clearance
attorneys, or security clearance lawyers, in California.
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