Free Templates for Special Education Advocacy

Contact Form If you are looking for some excellent templates for special education advocacy to discuss when you speak to a lawyer, then Wrightslaw is a great place to start! 

Learn more: HERE.  

If you want to schedule a confidential consultation with an experienced special education attorney, then contact Attorney Daniel L. Ellis at 865-235-1787 or contact him here.

Memorial Day

 

Happy Memorial Day. 

Memorial Day is observed on the last Monday in May each year. Memorial Day honors those who died serving in the United States Military.   

Learn more about the history of Memorial Day: Here. 

If you are looking for an experienced Security Clearance Attorney, then don’t delay head to attorneyellis.com Today! 

Amount and Quality of Evidence Matters

Too often I read cases where individuals, often not represented by counsel experienced in security clearance hearings, where they do not submit enough evidence. For instance in PSH-22-0053, the Administrative Judge determined that, "the Individual has not submitted sufficient evidence to mitigate the security concerns raised by his AUD." AUD is an abbreviation for Alcohol Use Disorder. Alcohol Use Disorders can be designated as mild, moderate, or severe, in partial or full remission or even with other specifiers in certain instances.   

In PSH-22-0053 Administrative Judge Fine, noted that "the only material evidence submitted by the Individual that he had mitigated the security concerns associated with these two disorders was his own testimony; two laboratory test results indicating that he had not consumed excessive amounts of alcohol for most of the past two-and-a-half months; a one-paragraph letter from his treating psychiatrist indicating that he has been receiving treatment for both disorders and that his prognosis is “good”; and a recent one-page letter from the LCSW outlining the treatment programs for the Individual’s PTSD that he had successfully completed and indicating that that his PTSD is “well-managed,” but failing to reach a similar conclusion about the Individual’s AUD, noting only that the Individual had recently started to attend a substance abuse program and had been “highly engaged” in treatment." 

That might sound like a lot, but when the "regulatory standard implies that there is a presumption against granting or restoring a security clearance" half measures are inadequate and it is better to retain counsel and submit as much relevant evidence as possible to resolve the concerns identified in the summary of security concerns.  See Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

In security clearance hearings, conducted pursuant to 10 C.F.R. 710, the person seeking to have their clearance granted or restored labels their exhibits alphabetically and the Department of Energy numbers theirs numerically. We have submitted in excess of seventy-eight (78) exhibits in some hearings. Though every case is different, we routinely submit twenty-six (26) plus exhibits going past the A-Z in our exhibit labels and going to AA, BB, CC, DD, EE etc. 

If you receive a summary of security concerns and are contemplating a security clearance hearing, then contact the Law Firm of Daniel L. Ellis at 865-235-1787 without delay. If you have a question about how to fill out a SF-86, eQIP, QNSP, then consult first and get legal advice to mitigate concerns before they cost you your career. 

Financial Concerns under the Adjudicative Guidelines as set forth at Appendix A of 10 C.F.R. Part 710.

Guideline F under the Adjudicative Guidelines as set forth in Appendix A to Title 10 of the Code of Federal Regulations in Part 710 sets forth both the general financial concerns that can lead to the denial or suspension of a security clearance (also known as an "access authorization") and several example of how to mitigate those concerns and resolve concerns that could lead to the denial or suspension of a security clearance.

The Financial Considerations Concern is set forth in paragraph 18 as:

Failure or inability to live within one's means, satisfy debts, and meet financial obligations
may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual's reliability, trustworthiness and ability to protect classified information. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Compulsive gambling is a concern as it may lead to financial crimes including espionage. Affluence that cannot be explained by known sources of income is also a security concern. It may indicate proceeds from financially profitable criminal acts.

It should be noted that not only can debts or failure to meet financial obligations be a concern, but that unexplained affluence (For Example: an unexplained deposit of a large sum of money in a bank account, etc.) can lead to the denial or suspension of a clearance under the language of this guideline.

How could you resolve concerns about your finances? Fortunately in addition to other methodologies that Attorney Daniel L. Ellis has employed successfully with his client's in the past to resolve financial concerns, the Adjudicative Guidelines sets forth several methods.  Those methods include demonstrating through evidence, testimony, or through a thoroughly documented and well supported response to a Letter of Interrogatory (LOI) that:

(a) The behavior happened so long ago, was so infrequent, or occurred under such circumstances that it is unlikely to recur and does not cast doubt on the individual's current reliability, trustworthiness, or good judgment;
(b) The conditions that resulted in the financial problem were largely beyond the person's control (e.g. loss of employment, a business downturn, unexpected medical emergency, or a death, divorce or
separation), and the individual acted responsibly under the circumstances;
(c) The person has received or is receiving counseling for the problem and/or there are clear indications that the problem is being resolved or is under control;
(d) The individual initiated a good-faith effort to repay overdue creditors or otherwise resolve debts;
(e) The individual has a reasonable basis to dispute the legitimacy of the past-due debt which is the cause of the problem and provides documented proof to substantiate the basis of the dispute or provides evidence of actions to resolve the issue;
(f) The affluence resulted from a legal source of income.


If you have questions about your Security Clearance or how to fill out your e-QIP (SF-86 or SF-85 or Questionnaire for National Security Position), then don't risk your career consult an Attorney with experience in Security Clearance Law.  Contact Attorney Daniel L. Ellis at 865-235-1787 today!