Summary
The applicant, a 30-year-old single mother and benefits examiner for a defense contractor, faced trustworthiness concerns under Guideline F due to significant delinquent debts totaling approximately $23,000. The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control, including lack of child support and job loss. The judge found that the applicant had taken responsible steps to manage her finances and mitigate her debts, ultimately granting her eligibility for access to sensitive information.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: a delinquent debt of $2,295 in collection for a department store (1.a). a delinquent credit card debt in collection for $10,920 (1.b). another delinquent credit card debt in collection for $4,396 (1.c). a delinquent credit card in collection for $5,435 (1.d).
The judge granted the clearance. The government raised disqualifying conditions FC DC ¶ 19(a), FC DC ¶ 19(c). The judge applied mitigating conditions FC MC ¶ 20(a), FC MC ¶ 20(b), FC MC ¶ 20(c), FC MC ¶ 20(d). The decision turned on the following: The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control, including lack of child support and job loss; She sought financial counseling and was approved for a government program to assist with housing, indicating proactive management of her financial situation; The applicant established a meaningful track record of paying current debts and showed responsible behavior in managing her finances.
Why the Applicant Prevailed
- The applicant demonstrated that her financial difficulties were largely due to circumstances beyond her control, including lack of child support and job loss.
- She sought financial counseling and was approved for a government program to assist with housing, indicating proactive management of her financial situation.
- The applicant established a meaningful track record of paying current debts and showed responsible behavior in managing her finances.
Conditions Referenced
- FC DC ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- FC DC ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- FC MC ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- FC MC ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- FC MC ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- FC MC ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“An applicant is not required to be debt free, but is required to manage her finances in such a way as to meet her financial obligations.”
Procedural Posture
- SOR issuedJun 4, 2009
- Answer filedJun 26, 2009
- Hearing heldAug 31, 2009
- Decision dateOct 20, 2009
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Circumstances Beyond Control
- Proactive Financial Management and Counseling as Mitigating Factors
- Consideration of the Whole Person Concept in Trustworthiness Determinations