Summary
The applicant, a 41-year-old behavior analyst employed by a DOD contractor, faced trustworthiness concerns under Guideline F due to delinquent debts. The applicant demonstrated significant progress in resolving her financial issues, which included a history of medical problems and a difficult divorce. The judge granted eligibility for access to sensitive information, finding that the applicant's financial situation was under control and did not cast doubt on her reliability.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: SOR ¶ 1.a alleges that Applicant has a charged-off student loan for $15,715 (1.a). SOR ¶ 1.b alleges that Applicant has a debt placed for collection for $1,353 (1.b). SOR ¶ 1.c alleges that Applicant has a debt placed for collection for $1,069 (1.c). SOR ¶ 1.g alleges that Applicant has a utility debt placed for collection for $389 (1.g). SOR ¶ 1.h alleges that Applicant has a telecommunications debt placed for collection for $351 (1.h). SOR ¶ 1.i alleges that Applicant has a debt placed for collection for $253 (1.i). SOR ¶ 1.j alleges that Applicant has a medical debt placed for collection for $220 (1.j). SOR ¶ 1.k alleges that Applicant has a medical debt placed for collection for $174 (1.k). SOR ¶ 1.l alleges that Applicant has a medical debt placed for collection for $150 (1.l). SOR ¶ 1.m alleges a federal tax lien was entered against Applicant in 2010 for $19,229 (1.m). SOR ¶ 1.n alleges a medical debt placed for collection for $209 (1.n). SOR ¶ 1.o alleges Applicant failed to file her state tax return for tax year 2012 (1.o). SOR ¶ 1.p alleges she failed to file her federal income tax returns for tax years 2012 through 2014 (1.p).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(c). The decision turned on the following: The applicant made significant progress in resolving her delinquent debts; The applicant's financial difficulties were largely due to circumstances beyond her control, including medical issues and a difficult divorce; The applicant demonstrated a good-faith effort to repay overdue creditors and resolve her debts.
Why the Applicant Prevailed
- The applicant made significant progress in resolving her delinquent debts.
- The applicant's financial difficulties were largely due to circumstances beyond her control, including medical issues and a difficult divorce.
- The applicant demonstrated a good-faith effort to repay overdue creditors and resolve her debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedIndividual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 20(c)notedIndividual Has Received or Is Receiving Financial Counseling
Key Rule Quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial and commonsense decision.”
Procedural Posture
- SOR issuedJan 10, 2017
- Answer filedMar 9, 2017
- Hearing heldAug 16, 2017
- Decision dateMar 26, 2018
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Personal Circumstances on Financial Obligations
- Good-faith Efforts to Resolve Debts as a Mitigating Factor