Responding to Statement of Reasons (SOR)/Letter of Intent (LOI) Attorneys
Do You Have Issues with a Statement of Reasons (SOR) or Letter of Intent?
Security Clearance Law Group offers nationwide assistance with responses to SORs and LOIs. If you have issues with your Statement of Reasons or Letter of Intent, our qualified lawyers will help you navigate this difficult process and give you peace of mind as you wait for a potentially favorable decision.
The Process for Responding to SORs & LOIs
If your security clearance has been suspended, denied, or revoked, the government will issue you a Statement of Reasons, which outlines the basis for their decision.
What is an SOR?
A Statement of Reasons is a document that lists the factual basis for the security clearance denial or revocation. The purpose is to spell out all security concerns, whereby you will have an ability to formally respond.
The SOR is typically issued immediately after the development of a security concern. That concern will be reviewed by the federal agency in question and will then be cleared, or the matter will proceed by way of the clearance adjudication process.
The SOR is the key document to examine when your goal is to mitigate the negative security clearance decision.
What is an LOI?
A Letter of Intent lists the intent of the agency to deny or revoke a security clearance based on the information stated in the SOR. The LOI is more or less a warning that something questionable was revealed in your background investigation. The LOI will be accompanied by the SOR and either sent to you directly if you are a government employee or sent to your security officer if you are a government contractor.
How to Respond to an SOR
You have the right to appeal your revocation or denial. The first step is to reply to the statement of reasons to either deny the reasons, correct them, or mitigate them entirely.
Here are some tips to remember that will give you the best chances of appealing the decision to deny or revoke your security clearance:
Don’t Delay
You must respond to the SOR or LOI within a certain time frame. While it is possible to request an extension, you must have a good reason for doing so, such as being a member of the military who happens to be deployed. For most, you have 15 calendar days from the point of the decision to request a hearing with an administrative judge. Failure to respond in a timely manner can cause you to forfeit your rights to the security clearance appeals process.
Ensure You Understand the SOR
In order to respond adequately to the SOR, you must fully understand the facts as they are listed. The SOR includes the guidelines by which the clearance was revoked or denied. The document may list financial considerations, for example, or those involving foreign influence. The SOR will include facts directly related to which led to the adverse decision. If any aspects of the SOR are unclear, ensure you receive help from a security clearance expert.
Respond to Each Fact
The SOR will be detailed, meaning it will spell out in clear and simple terms why you were denied, or why your clearance was revoked. If you have debt, for instance, and a home in foreclosure, the SOR would list both issues. Your responsibility when responding to an SOR is to confirm, deny, or mitigate each item. When attempting to mitigate the facts, you must include documentation to support your case, such as receipts showing that your bad debt was already paid off.
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Have You Been Denied a Security Clearance?
Whether you have been denied during the application process or your security clearance was suspended or revoked, you have a right to know why.
Here are the 13 adjudicative criteria the government uses to deny or revoke security clearances. They include all the reasons why you may have issues with your application.
Allegiance to the United States
Guideline A refers to unlawful speech or certain actions intent on influencing, harming, or overthrowing the government, be it local, state, or federal. Allegiance to the country could also refer to words or actions that prevent others from exercising their constitutional rights.
Foreign Influence
Guideline B refers to the act of living with someone or having an association with someone where the relationship creates a heightened security risk of coercion or foreign inducement. Likewise, it can refer to a financial interest in a foreign country, business or otherwise.
