Security Clearance Appeals. DOHA and PSAB.
There are two appeal tracks, and they are not the same. For DoD contractors, the DOHA Administrative Judge is the final decision-maker, subject to the DOHA Appeal Board. For military members and DoD civilian employees, the AJ issues a recommendation and the Personnel Security Appeals Board (PSAB) is the final authority. The strategy, the timing, and what you preserve for appeal depend on which track you are on.
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Security Clearance Appeals: DOHA and PSAB
Full-spectrum clearance appeals: SOR response, DOHA hearing, and appeal to the DOHA Appeal Board for Industry cases or the PSAB for MIL/CIV cases. DOHA hearings involve live witnesses, cross-examination, and argument before an Administrative Judge. The attorney in that room matters, because the record built there is the record the appellate body reviews.
Clearance appeals are the core of Matthew's practice. Most clearance attorneys are paper-filers: they draft an SOR response, submit it, and hope the adjudicator agrees. When that does not work and the case moves to a DOHA hearing, the client finds out whether their attorney has ever actually stood in front of an Administrative Judge. Many have not.
Most clearance attorneys submit paperwork and hope. At a DOHA hearing, you need someone who has actually stood in front of a judge.Matthew Thomas, Security Clearance Appeals
The single most important distinction most clients do not know about on the first call is the difference between the Industry (contractor, ISCR) track and the MIL/CIV (military and civilian government employee) track. On the Industry track, contractors receive the SOR with roughly 20 days to respond. They can elect a hearing before the DOHA AJ before any denial or revocation decision is issued. The AJ's ruling is the final decision, subject to the DOHA Appeal Board. Importantly, contractors may not submit new evidence on appeal; the appeal is decided entirely on the record built at the hearing. That makes hearing preparation the most critical phase for Industry clients.
On the MIL/CIV track, the individual receives the SOR with 30 to 60 days to respond. Unlike the Industry track, the clearance can be revoked or denied by DCSA before the individual ever appears before a judge. When the case proceeds to DOHA, the AJ issues a recommendation, not a final decision. The Personnel Security Appeals Board (PSAB) reviews the recommendation and issues the final determination. PSAB is the final word for military members and DoD civilians. References to the DOHA judge's decision as final are incorrect for this client category.
The timing matters on both tracks. An Industry-track DOHA proceeding can run 9 to 18 months from SOR receipt to final AJ decision, with additional months if the case is appealed. During that period, some contractors stay on unclassified work while the case runs; others are pulled off their project immediately and placed on a suspension. Matthew advises on how to manage the employment gap, what to communicate to your Facility Security Officer, and how to keep the record clean while the case is open.
DOHA's own statistics put the appeal rate for industrial security cases decided by the Hearing Office at roughly 25 to 33 percent. The appeal is not a do-over. It is a record review. What was not in the hearing record typically cannot be introduced later. Matthew builds every case from day one with the appellate standard in mind, whether that standard is the DOHA Appeal Board or PSAB.
If you received an SOR, the 15-minute call is free. The response you file becomes part of a permanent record. Do not file anything before counsel has reviewed the notice and the investigative file.
What You Need to Know
Read this before you do anything.
01
Two tracks, two endings
For DoD contractors (ISCR cases), the DOHA Administrative Judge is the final decision-maker, subject to appeal to the DOHA Appeal Board. For military members and DoD civilian employees, the AJ issues a recommendation and the PSAB is the final authority. That distinction changes how the SOR response is drafted, what evidence is preserved for the hearing, and how the record is built for appeal.
02
The SOR response window is strict
Contractor SOR responses run roughly 20 days. MIL/CIV responses run 30 to 60 days. Extensions are sometimes available but should not be assumed. Every day between receiving the SOR and getting counsel engaged is a day not spent building the case.
03
No new evidence on contractor appeal
The DOHA Appeal Board reviews the hearing record. Contractors may not submit new evidence to support an appeal. Everything that matters has to be in the hearing record. That rule makes hearing preparation the most critical phase for Industry clients and it is why a paper-filer approach breaks down at appeal.
04
Matthew is a litigator, not a paper-filer
DOHA hearings involve live testimony, cross-examination, and argument before an Administrative Judge. Most clearance attorneys have never conducted one. Matthew litigated as a Marine defense counsel before private practice. Former Marine Judge Advocate. Former Active-Duty Defense Counsel. USMC Defense Counsel of the Year, National & Eastern Region (2021).
05
You testify at a DOHA hearing
Unlike a criminal case, you do not have a right to remain silent at a DOHA hearing. You will be questioned about the security concerns in your file. How you present on the stand (what you say, how you say it, how you handle tough questions from the department counsel) shapes the outcome alongside the documentary evidence. Direct testimony preparation is part of every case Matthew builds.
06
The government builds from the investigative file
Department Counsel works from the same investigative record you receive. On Industry cases, the government provides a disclosure package with projected exhibits months before the hearing. That package tells you exactly what the government is bringing. Matthew uses that window strategically: building the defense against the specific evidence the government intends to present, not against a general fear of what it might.
How It Works
The process, step by step.
SOR arrives and the response clock starts
The response window is approximately 20 days for contractors and 30 to 60 days for MIL/CIV cases. Matthew files the acknowledgment and preserves rights within the window, without committing to substantive positions before the investigative file has been reviewed.
Government file review
Matthew requests DCSA's complete investigative file. The record the government built is what the DOHA judge will see. It often contains errors, mischaracterized facts, and outdated information that can be rebutted directly in the hearing record.
Pre-hearing preparation
Matthew develops and executes a complete hearing package, including a strategically selected witness list, well-organized documentary exhibits, and targeted character evidence designed to support the case. For Industry cases, the government's projected exhibits are reviewed in detail; for MIL/CIV cases, the record is built with the PSAB review in mind.
DOHA hearing before an Administrative Judge
You appear before the AJ. Matthew examines witnesses, introduces evidence, responds to the government's arguments, and delivers the closing argument. On the Industry track, the AJ's decision is final. On the MIL/CIV track, the AJ issues a recommendation to PSAB.
Appeal: DOHA Appeal Board or PSAB
For contractors, an adverse AJ decision can be appealed to the DOHA Appeal Board. Contractors may not submit new evidence; the appeal is decided on the hearing record. For MIL/CIV cases, the PSAB reviews the DOHA recommendation and can affirm or overturn it. The strength of the hearing record determines what the appeal can do.
Post-decision strategy
Favorable outcomes trigger reinstatement coordination with your employer and the adjudicating agency. Survey data consistently shows cleared professionals earn a 10-20% salary premium over non-cleared peers, with higher clearances commanding the largest increases. A reinstated clearance is a career asset worth defending. Adverse outcomes trigger a reapplication strategy: what has to change before a new application will succeed, and how the DOHA record will be read in future reinvestigations.
Common Questions
Frequently Asked Questions
Have a question not covered here? The free 15-minute triage call is the fastest way to get a direct answer.
An SOR is the formal document DCSA issues when security concerns have been identified in the background investigation. It lists the specific concerns under specific adjudicative guidelines. It is not a final decision. It is the start of the response and appeal process.
On the Industry (contractor) track, approximately 20 days. On the MIL/CIV track, 30 to 60 days. Extensions are sometimes granted but should not be assumed. If you received an SOR, the 15-minute call is free. Contact Matthew before you respond to anything.
You appear before a DOHA Administrative Judge. Both sides present evidence and argument — you and Matthew on one side, Department Counsel on the other. The judge evaluates whether the security concerns have been adequately mitigated. For contractors, the AJ's decision is final, subject to appeal. For MIL/CIV cases, the AJ issues a recommendation and the PSAB makes the final decision.
Financial considerations, drug involvement, foreign influence, personal conduct, and criminal conduct are the guidelines most often cited in published DOHA decisions. Mitigation focuses on what has been done since the issue, how long ago it occurred, and whether it is likely to recur. Each case is evaluated on its facts under the whole-person concept.
It depends on your track and your employer. For contractors, the clearance often stays active until the AJ issues a decision, which can allow continued work on some projects. For MIL/CIV cases, the clearance may be revoked before the hearing, which can affect the ability to continue in the position. Matthew advises on how to manage the employment situation during the months the case runs.
The Personnel Security Appeals Board is the final decision-making body for military and DoD civilian clearance appeals. Unlike the Industry track, where the DOHA AJ is final, the MIL/CIV DOHA AJ issues a recommendation only. PSAB reviews the recommendation and can affirm or overturn it. If your attorney says the DOHA judge's decision is final on a MIL/CIV case, that is incorrect.
It depends on complexity and stage. Matthew is direct about fees on the first call. If the trigger is an SOR, the 15-minute call is free.
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