ISCR Case 14-01172.h1

Case Headnote

ISCR Case No. 14-01172.h1

grantedDec 10, 2014· Hon. Mark W. Harvey· hearing

Summary

A 29-year-old customer service representative was granted eligibility for a public trust position despite initial concerns under Guideline F (Financial Considerations). The applicant faced allegations regarding 16 delinquent debts totaling $18,887. These financial issues were primarily attributed to a period of unemployment and significant medical expenses incurred while uninsured.

The applicant admitted to the allegations but provided substantial mitigating information. She demonstrated a clear commitment to resolving her debts, having paid off several, including a $1,820 credit card debt through pay allotments, and making payments toward student loans. Many of her medical debts, mostly from 2009, were being pursued by a collection company that had not recently communicated with her. She also planned to pay a $101 utility debt that she had forgotten.

The judge determined that the applicant's financial difficulties were largely beyond her control and that she had made significant progress in addressing them. Her consistent efforts to make payments and maintain communication with creditors were key factors in the decision to grant her eligibility.

Why the Applicant Prevailed

The applicant demonstrated a commitment to paying off debts, including a $1,800 debt and $3,500 towards student loans.
The applicant's financial difficulties were largely due to circumstances beyond her control, such as unemployment and medical issues.
The applicant has a track record of making payments on debts and maintaining communication with creditors.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
AG ¶ 20(d)appliedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors
AG ¶ 20(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— Regulation ¶ C6.1.1.1.

Procedural Posture

SOR issuedMay 1, 2014
Answer filedUndated
Hearing heldNov 20, 2014Applicant waived her right to 15 days of notice.
Decision dateDec 10, 2014

Cite For

Mitigating Conditions Under Guideline F for Financial Considerations
Impact of Circumstances Beyond Control on Financial Issues
Demonstrating Good-faith Efforts to Resolve Debts

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact. $4,785	For Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.b	Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact. $3,588	For Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.c	Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact. $3,517	For Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.d	Applicant paid off three credit card debts over the last four years, including the credit card debt in SOR ¶ 1.d ($1,820), which was paid using allotments from her pay. $1,820	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.e	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $5,076	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.f	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $870	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.g	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $870	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.h	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $0	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.i–1.k	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—
1.l	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $0	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.m	Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009. $0	For Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.n	Applicant planned to pay the utility debt in SOR ¶ 1.n for $101. She did not pay it earlier because she lost the bill and forgot that she owed it. $101	For Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other
1.o–1.p	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact.

$4,785

For Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.b

Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact.

$3,588

For Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.c

Applicant admitted the SOR allegations in ¶¶ 1.a to 1.p, and she provided extenuating and mitigating information. Her admissions are accepted as findings of fact.

$3,517

For Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.d

Applicant paid off three credit card debts over the last four years, including the credit card debt in SOR ¶ 1.d ($1,820), which was paid using allotments from her pay.

$1,820

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.e

Applicant's medical bills were generated when she was unemployed and did not have health insurance. One collection company is seeking payment of eight of the medical debts in SOR ¶¶ 1.e-1.h and 1.l, 1.m, 1.o, and 1.p; however, the collection company has not communicated with Applicant recently, and most of her medical debts are related to the treatment she received in 2009.

$5,076

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.f

$870

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.g

$870

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.h

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.i–1.k

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

1.l

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.m

For Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.n

Applicant planned to pay the utility debt in SOR ¶ 1.n for $101. She did not pay it earlier because she lost the bill and forgot that she owed it.

$101

For Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

1.o–1.p

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES