Security Clearance Law

Our DC-Metropolitan Based Law Firm Specializes in Employment, Security Clearance, and Retirement Law.

Suitability Appeal Lawyers

suitability lawyers advising clients about suitability appeals

Our suitability appeal lawyers represent federal employees, government contractors, and applicants in suitability responses and appeals. If you are facing a suitability denial or a suitability appeal, it is important to contact a suitability lawyer familiar with these issues. We assist individuals in all stages of the suitability process. This includes legal representation during the investigation, response, and appeals processes. Our nationwide suitability appeals lawyers provide legal advice and representation to individuals throughout the United States before all federal agencies.

What is Suitability?

Suitability is a review of an individual’s background by a federal agency. It can also be referred to as a fitness or background  investigation. To federal agencies, suitability is important to determine whether an individual is a good fit for the federal agency. As a result, all applicants and employees must undergo a background investigation that corresponds to their position’s risk or sensitivity levels. It is also important for federal agencies to ensure that all individuals who work for federal agencies are trustworthy and of good character. When issues arise, suitability issues come into play.

How Does the Suitability Appeals Process Work?

Potential suitability issues can arise when a background investigation is completed or new events occur. After completion of a suitability investigation, the results are reviewed by the federal agency. The focus of a suitability investigation is on an individual’s character or past conduct. In most cases, suitability is governed by the Code of Federal Regulations (5 CFR 731). Under these regulations, federal agencies have the authority to conduct suitability determinations to decide if the employment or continued employment of individuals is in the best interests of the federal government. The Department of Defense has published a good example of the suitability process.

Keep in mind that a suitability determination is different than a security clearance investigation. However, it is often the case that the two processes get confused. At several agencies, an individual has the ability to respond in writing to alleged suitability concerns before a final decision is made.

Examples of Suitability Issues That Arise

The following are just a few examples of potential suitability issues that can arise:

  • Use of Marijuana/Drug Use
  • Criminal Activity
  • Misconduct in the Workplace
  • Time and Attendance Issues
  • Prior Terminations from employment
  • Previous Arrests
  • Excessive Alcohol Use
  • Psychological Conditions

This not an exhaustive list and many different types of issues can cause suitability issues. It is important to keep in mind that suitability issues, in many ways, are very similar to security clearance issues.

Suitability Appeals

Suitability issues can arise during an individual’s initial application, during employment or in a re-investigation. If a federal agency denies an individual’s suitability for employment, they should appeal where possible. Suitability or fitness denials can result in not obtaining a position or removal from existing employment. Each federal agency has unique procedures for handling suitability appeals. In other cases, the Office of Personnel Management (OPM) may handle the suitability process.

Many individuals can appeal suitability denials to the Merit Systems Protection Board (MSPB). Other federal employees may appeal suitability decisions directly to the agency, such as the Department of Homeland Security or Department of State. In suitability appeals, it is crucial to retain counsel to respond to allegations fully and to attempt to demonstrate the individual’s fitness for employment.

Suitability Appeals Should Be Taken Seriously

Suitability Appeals LawyerSuitability appeals should be taken seriously by applicants and employees. Experienced suitability lawyers have the knowledge necessary to submit a comprehensive defense when issues arise. This process involves preparing a detailed written response to any negative issues identified by the agency. As a result, it is important to have a suitability lawyer represent you during an appeal. It is not uncommon for suitability responses to be ten or more pages in length. Additionally, exhibits will almost always be needed.

These exhibits can often include such documents as witness factual statements, character letters, evidence of good performance, resumes, and other supporting documentation. The type of exhibits needed for a successful suitability response often depends on the exact issues raised. For suitability responses, it is important to provide as much detail about both the factual allegations and the background of the individual at issue. Doing so provides the best chance to overcome suitability issues.

Contact Us

Our suitability appeals lawyers represent and advise individuals in  suitability appeals nationwide. Should you need experienced counsel, we look forward to assisting you in your suitability issues. Please contact us for additional information or possible legal representation.

Our Testimonials

I had an exceptional experience working with Berry & Berry. From start to finish, their team demonstrated professionalism, compassion, and a deep commitment to their clients. Kim Berry and Aidan Connor were consistently responsive, thoughtful, and thorough in every aspect of their work. What stood out most was their integrity and dedication to delivering high-quality legal services. It’s clear they take great pride in their work and truly care about the people they assist. I’m grateful for all their help and would highly recommend Berry & Berry to anyone in need of knowledgeable and trustworthy legal counsel.

K. D.

I would highly recommend this firm. Mr. Berry quickly grasped the details of my case, and worked diligently towards a favorable resolution. I really appreciated his expertise and concern for my situation.

John

Berry and Berry was a great firm to work with, and specfically Attorney Melissa Watkins was FANTASTIC! She was very knowledgeable, experienced, and hard working! She was able to quickly assess my case which was previously mishandled by a horrendous law firm and did outstanding work to reach a resolution in the matter. I would not hesitate for a second to rehire Melissa should I need legal representation for the same or similar issue.

Melissa truly went above and beyond on my case. She was patient and answered all questions using her vast experience. She very accurately predicted future events and provided excellent guidance which matched what was, or was about to occur. Her communication was equally excellent, returning questions and calls at her first opportunity to respond to frequent changes and information. Thank you Melissa and Berry&Berry!

Michael

A caring, skilled and relentless team that won’t quit until they get the results you seek. Highly recommend.

Mike C.

I cannot say enough great things about Berry & Berry. I reached out to them regarding my security clearance, and I knew I was in good hands from the beginning. Both John Berry and Todd Hull took the time to truly understand my situation and provided clear, actionable advice throughout the entire process. The entire firm was always prompt with communication, incredibly knowledgeable about the law, and showed a level of professionalism that put me at ease.

Not only was John Berry diligent in handling every detail, but he also worked very hard to ensure a positive outcome. He kept me informed at every step, explaining complex processes and legal terms in ways I could easily understand, which made a stressful situation feel much more manageable.

What truly stood out to me was his compassion and dedication. John showed genuine care about my situation and went above and beyond to provide support.

If you are looking for a firm that is not only incredibly skilled but also trustworthy, responsive, and compassionate, I highly recommend Berry & Berry. I would not hesitate to work with them again in the future.

Ryan H.

When I started my litigation against my employer I was unable to find representation in my local area as I worked for a government institution. I was desperate having never been in a situation of this magnitude. Upon calling the firm the staff listened and guided me to one of the most effective attorney I could ever imagine. The dignity afforded me and her extensive knowledge of federal law was unparalleled. Ms. Watkins is a GEM. She was upfront forthcoming and forthright. When she surmised and articulated salient facts, she just Got It. I would hire HER again. If you find yourself in litigation with the US Government, Department of Defense she is the attorney to consult with.

Althea R.

“Highly recommend Berry & Berry. Kimberly Berry picked up a tremendous mess (from previous attorney) of a case that was about to expire. She not only picked it up but revived it and was able to arrange a settlement after many months of stagnation. I can’t thank her enough for her professionalism, tenacity and timeliness throughout. Thank you Berry & Berry for your EXCELLENT service!”

Anders J.

“John Berry and Aidan Connor! Security Clearance GRANTED! IF I COULD GIVE AN INFINITE AMOUNT OF STARS I WOULD. If moving mountains was a thing that men could actually do, they can do it! My situation was definitely difficult and one for the books. I mean a checkered past for sure. Recovered from it and actually walk the walk. Just the same, very CHECKERED! They are professionals, they are knowledgeable, and they really took the time and care my case needed. I was going to be denied and I truly believe if I had not put them on the job I would be! I am cleared NEVER TO WALK THAT OLD PAST AGAIN but these guys made it happen, truly eternally grateful! Praise God and KEEP MOVING MOUNTAINS Gentlemen!”

David H.

“Attorney Todd Hull and his team at Berry & Berry were fantastic. I had an issue with my security clearance that was favorably and quickly adjudicated. Todd walked me through the process, set reasonable expectations, told me what documents to request and was often the voice of reason when I was understandably a little angry sometimes. More importantly, he took the draft response I had written and all the documents I provided and turned it into a crushing response that blew the government’s case to pieces. He told me to expect a response in 3-4 months and that I would probably have to go to court to get a fair shake and hope for a favorable outcome. Two weeks after submitting my response, I received word that my clearance had been reinstated. This would not have happened without his excellent work. I also think he was extremely fair about billing. I feel he produced a product that required more hours than he billed. He’s a great attorney and I’m so glad I found him.”

Alex S.

“Absolute strongest recommendation. John and his team were professional, knowledgeable, and experienced. He knew the appeals process backwards and forwards, he prepped me for what last ahead at each milestone and was especially thorough.”

Mark O.

“Outstanding legal representation. Highly recommended. John Berry and his team are first class professionals. Melissa Watkins was great!”

Rahim N.

“Berry & Berry is a great firm. Kimberly was very knowledgeable, detailed, professional, and kept me in the loop of the process. I would recommend this firm without hesitation.”

Lakina B.

“I would definitely recommend Berry& Berry. My case was a success thanks to Kimberly she was great. They made me feel very comfortable.”

Kevin L.

I had an exceptional experience working with Berry & Berry. From start to finish, their team demonstrated professionalism, compassion, and a deep commitment to their clients. Kim Berry and Aidan Connor were consistently responsive, thoughtful, and thorough in every aspect of their work. What stood out most was their integrity and dedication to delivering high-quality legal services. It’s clear they take great pride in their work and truly care about the people they assist. I’m grateful for all their help and would highly recommend Berry & Berry to anyone in need of knowledgeable and trustworthy legal counsel.

K. D.

I would highly recommend this firm. Mr. Berry quickly grasped the details of my case, and worked diligently towards a favorable resolution. I really appreciated his expertise and concern for my situation.

John

Berry and Berry was a great firm to work with, and specfically Attorney Melissa Watkins was FANTASTIC! She was very knowledgeable, experienced, and hard working! She was able to quickly assess my case which was previously mishandled by a horrendous law firm and did outstanding work to reach a resolution in the matter. I would not hesitate for a second to rehire Melissa should I need legal representation for the same or similar issue.

Melissa truly went above and beyond on my case. She was patient and answered all questions using her vast experience. She very accurately predicted future events and provided excellent guidance which matched what was, or was about to occur. Her communication was equally excellent, returning questions and calls at her first opportunity to respond to frequent changes and information. Thank you Melissa and Berry&Berry!

Michael

A caring, skilled and relentless team that won’t quit until they get the results you seek. Highly recommend.

Mike C.

I cannot say enough great things about Berry & Berry. I reached out to them regarding my security clearance, and I knew I was in good hands from the beginning. Both John Berry and Todd Hull took the time to truly understand my situation and provided clear, actionable advice throughout the entire process. The entire firm was always prompt with communication, incredibly knowledgeable about the law, and showed a level of professionalism that put me at ease.

Not only was John Berry diligent in handling every detail, but he also worked very hard to ensure a positive outcome. He kept me informed at every step, explaining complex processes and legal terms in ways I could easily understand, which made a stressful situation feel much more manageable.

What truly stood out to me was his compassion and dedication. John showed genuine care about my situation and went above and beyond to provide support.

If you are looking for a firm that is not only incredibly skilled but also trustworthy, responsive, and compassionate, I highly recommend Berry & Berry. I would not hesitate to work with them again in the future.

Ryan H.

When I started my litigation against my employer I was unable to find representation in my local area as I worked for a government institution. I was desperate having never been in a situation of this magnitude. Upon calling the firm the staff listened and guided me to one of the most effective attorney I could ever imagine. The dignity afforded me and her extensive knowledge of federal law was unparalleled. Ms. Watkins is a GEM. She was upfront forthcoming and forthright. When she surmised and articulated salient facts, she just Got It. I would hire HER again. If you find yourself in litigation with the US Government, Department of Defense she is the attorney to consult with.

Althea R.

“Highly recommend Berry & Berry. Kimberly Berry picked up a tremendous mess (from previous attorney) of a case that was about to expire. She not only picked it up but revived it and was able to arrange a settlement after many months of stagnation. I can’t thank her enough for her professionalism, tenacity and timeliness throughout. Thank you Berry & Berry for your EXCELLENT service!”

Anders J.

“John Berry and Aidan Connor! Security Clearance GRANTED! IF I COULD GIVE AN INFINITE AMOUNT OF STARS I WOULD. If moving mountains was a thing that men could actually do, they can do it! My situation was definitely difficult and one for the books. I mean a checkered past for sure. Recovered from it and actually walk the walk. Just the same, very CHECKERED! They are professionals, they are knowledgeable, and they really took the time and care my case needed. I was going to be denied and I truly believe if I had not put them on the job I would be! I am cleared NEVER TO WALK THAT OLD PAST AGAIN but these guys made it happen, truly eternally grateful! Praise God and KEEP MOVING MOUNTAINS Gentlemen!”

David H.

“Attorney Todd Hull and his team at Berry & Berry were fantastic. I had an issue with my security clearance that was favorably and quickly adjudicated. Todd walked me through the process, set reasonable expectations, told me what documents to request and was often the voice of reason when I was understandably a little angry sometimes. More importantly, he took the draft response I had written and all the documents I provided and turned it into a crushing response that blew the government’s case to pieces. He told me to expect a response in 3-4 months and that I would probably have to go to court to get a fair shake and hope for a favorable outcome. Two weeks after submitting my response, I received word that my clearance had been reinstated. This would not have happened without his excellent work. I also think he was extremely fair about billing. I feel he produced a product that required more hours than he billed. He’s a great attorney and I’m so glad I found him.”

Alex S.

“Absolute strongest recommendation. John and his team were professional, knowledgeable, and experienced. He knew the appeals process backwards and forwards, he prepped me for what last ahead at each milestone and was especially thorough.”

Mark O.

“Outstanding legal representation. Highly recommended. John Berry and his team are first class professionals. Melissa Watkins was great!”

Rahim N.

“Berry & Berry is a great firm. Kimberly was very knowledgeable, detailed, professional, and kept me in the loop of the process. I would recommend this firm without hesitation.”

Lakina B.

“I would definitely recommend Berry& Berry. My case was a success thanks to Kimberly she was great. They made me feel very comfortable.”

Kevin L.

I had an exceptional experience working with Berry & Berry. From start to finish, their team demonstrated professionalism, compassion, and a deep commitment to their clients. Kim Berry and Aidan Connor were consistently responsive, thoughtful, and thorough in every aspect of their work. What stood out most was their integrity and dedication to delivering high-quality legal services. It’s clear they take great pride in their work and truly care about the people they assist. I’m grateful for all their help and would highly recommend Berry & Berry to anyone in need of knowledgeable and trustworthy legal counsel.

K. D.

I would highly recommend this firm. Mr. Berry quickly grasped the details of my case, and worked diligently towards a favorable resolution. I really appreciated his expertise and concern for my situation.

John

Berry and Berry was a great firm to work with, and specfically Attorney Melissa Watkins was FANTASTIC! She was very knowledgeable, experienced, and hard working! She was able to quickly assess my case which was previously mishandled by a horrendous law firm and did outstanding work to reach a resolution in the matter. I would not hesitate for a second to rehire Melissa should I need legal representation for the same or similar issue.

Melissa truly went above and beyond on my case. She was patient and answered all questions using her vast experience. She very accurately predicted future events and provided excellent guidance which matched what was, or was about to occur. Her communication was equally excellent, returning questions and calls at her first opportunity to respond to frequent changes and information. Thank you Melissa and Berry&Berry!

Michael

A caring, skilled and relentless team that won’t quit until they get the results you seek. Highly recommend.

Mike C.

I cannot say enough great things about Berry & Berry. I reached out to them regarding my security clearance, and I knew I was in good hands from the beginning. Both John Berry and Todd Hull took the time to truly understand my situation and provided clear, actionable advice throughout the entire process. The entire firm was always prompt with communication, incredibly knowledgeable about the law, and showed a level of professionalism that put me at ease.

Not only was John Berry diligent in handling every detail, but he also worked very hard to ensure a positive outcome. He kept me informed at every step, explaining complex processes and legal terms in ways I could easily understand, which made a stressful situation feel much more manageable.

What truly stood out to me was his compassion and dedication. John showed genuine care about my situation and went above and beyond to provide support.

If you are looking for a firm that is not only incredibly skilled but also trustworthy, responsive, and compassionate, I highly recommend Berry & Berry. I would not hesitate to work with them again in the future.

Ryan H.

When I started my litigation against my employer I was unable to find representation in my local area as I worked for a government institution. I was desperate having never been in a situation of this magnitude. Upon calling the firm the staff listened and guided me to one of the most effective attorney I could ever imagine. The dignity afforded me and her extensive knowledge of federal law was unparalleled. Ms. Watkins is a GEM. She was upfront forthcoming and forthright. When she surmised and articulated salient facts, she just Got It. I would hire HER again. If you find yourself in litigation with the US Government, Department of Defense she is the attorney to consult with.

Althea R.

“Highly recommend Berry & Berry. Kimberly Berry picked up a tremendous mess (from previous attorney) of a case that was about to expire. She not only picked it up but revived it and was able to arrange a settlement after many months of stagnation. I can’t thank her enough for her professionalism, tenacity and timeliness throughout. Thank you Berry & Berry for your EXCELLENT service!”

Anders J.

“John Berry and Aidan Connor! Security Clearance GRANTED! IF I COULD GIVE AN INFINITE AMOUNT OF STARS I WOULD. If moving mountains was a thing that men could actually do, they can do it! My situation was definitely difficult and one for the books. I mean a checkered past for sure. Recovered from it and actually walk the walk. Just the same, very CHECKERED! They are professionals, they are knowledgeable, and they really took the time and care my case needed. I was going to be denied and I truly believe if I had not put them on the job I would be! I am cleared NEVER TO WALK THAT OLD PAST AGAIN but these guys made it happen, truly eternally grateful! Praise God and KEEP MOVING MOUNTAINS Gentlemen!”

David H.

“Attorney Todd Hull and his team at Berry & Berry were fantastic. I had an issue with my security clearance that was favorably and quickly adjudicated. Todd walked me through the process, set reasonable expectations, told me what documents to request and was often the voice of reason when I was understandably a little angry sometimes. More importantly, he took the draft response I had written and all the documents I provided and turned it into a crushing response that blew the government’s case to pieces. He told me to expect a response in 3-4 months and that I would probably have to go to court to get a fair shake and hope for a favorable outcome. Two weeks after submitting my response, I received word that my clearance had been reinstated. This would not have happened without his excellent work. I also think he was extremely fair about billing. I feel he produced a product that required more hours than he billed. He’s a great attorney and I’m so glad I found him.”

Alex S.

“Absolute strongest recommendation. John and his team were professional, knowledgeable, and experienced. He knew the appeals process backwards and forwards, he prepped me for what last ahead at each milestone and was especially thorough.”

Mark O.

“Outstanding legal representation. Highly recommended. John Berry and his team are first class professionals. Melissa Watkins was great!”

Rahim N.

“Berry & Berry is a great firm. Kimberly was very knowledgeable, detailed, professional, and kept me in the loop of the process. I would recommend this firm without hesitation.”

Lakina B.

“I would definitely recommend Berry& Berry. My case was a success thanks to Kimberly she was great. They made me feel very comfortable.”

Kevin L.

I had an exceptional experience working with Berry & Berry. From start to finish, their team demonstrated professionalism, compassion, and a deep commitment to their clients. Kim Berry and Aidan Connor were consistently responsive, thoughtful, and thorough in every aspect of their work. What stood out most was their integrity and dedication to delivering high-quality legal services. It’s clear they take great pride in their work and truly care about the people they assist. I’m grateful for all their help and would highly recommend Berry & Berry to anyone in need of knowledgeable and trustworthy legal counsel.

K. D.

I would highly recommend this firm. Mr. Berry quickly grasped the details of my case, and worked diligently towards a favorable resolution. I really appreciated his expertise and concern for my situation.

John

Berry and Berry was a great firm to work with, and specfically Attorney Melissa Watkins was FANTASTIC! She was very knowledgeable, experienced, and hard working! She was able to quickly assess my case which was previously mishandled by a horrendous law firm and did outstanding work to reach a resolution in the matter. I would not hesitate for a second to rehire Melissa should I need legal representation for the same or similar issue.

Melissa truly went above and beyond on my case. She was patient and answered all questions using her vast experience. She very accurately predicted future events and provided excellent guidance which matched what was, or was about to occur. Her communication was equally excellent, returning questions and calls at her first opportunity to respond to frequent changes and information. Thank you Melissa and Berry&Berry!

Michael

A caring, skilled and relentless team that won’t quit until they get the results you seek. Highly recommend.

Mike C.

I cannot say enough great things about Berry & Berry. I reached out to them regarding my security clearance, and I knew I was in good hands from the beginning. Both John Berry and Todd Hull took the time to truly understand my situation and provided clear, actionable advice throughout the entire process. The entire firm was always prompt with communication, incredibly knowledgeable about the law, and showed a level of professionalism that put me at ease.

Not only was John Berry diligent in handling every detail, but he also worked very hard to ensure a positive outcome. He kept me informed at every step, explaining complex processes and legal terms in ways I could easily understand, which made a stressful situation feel much more manageable.

What truly stood out to me was his compassion and dedication. John showed genuine care about my situation and went above and beyond to provide support.

If you are looking for a firm that is not only incredibly skilled but also trustworthy, responsive, and compassionate, I highly recommend Berry & Berry. I would not hesitate to work with them again in the future.

Ryan H.

When I started my litigation against my employer I was unable to find representation in my local area as I worked for a government institution. I was desperate having never been in a situation of this magnitude. Upon calling the firm the staff listened and guided me to one of the most effective attorney I could ever imagine. The dignity afforded me and her extensive knowledge of federal law was unparalleled. Ms. Watkins is a GEM. She was upfront forthcoming and forthright. When she surmised and articulated salient facts, she just Got It. I would hire HER again. If you find yourself in litigation with the US Government, Department of Defense she is the attorney to consult with.

Althea R.

“Highly recommend Berry & Berry. Kimberly Berry picked up a tremendous mess (from previous attorney) of a case that was about to expire. She not only picked it up but revived it and was able to arrange a settlement after many months of stagnation. I can’t thank her enough for her professionalism, tenacity and timeliness throughout. Thank you Berry & Berry for your EXCELLENT service!”

Anders J.

“John Berry and Aidan Connor! Security Clearance GRANTED! IF I COULD GIVE AN INFINITE AMOUNT OF STARS I WOULD. If moving mountains was a thing that men could actually do, they can do it! My situation was definitely difficult and one for the books. I mean a checkered past for sure. Recovered from it and actually walk the walk. Just the same, very CHECKERED! They are professionals, they are knowledgeable, and they really took the time and care my case needed. I was going to be denied and I truly believe if I had not put them on the job I would be! I am cleared NEVER TO WALK THAT OLD PAST AGAIN but these guys made it happen, truly eternally grateful! Praise God and KEEP MOVING MOUNTAINS Gentlemen!”

David H.

“Attorney Todd Hull and his team at Berry & Berry were fantastic. I had an issue with my security clearance that was favorably and quickly adjudicated. Todd walked me through the process, set reasonable expectations, told me what documents to request and was often the voice of reason when I was understandably a little angry sometimes. More importantly, he took the draft response I had written and all the documents I provided and turned it into a crushing response that blew the government’s case to pieces. He told me to expect a response in 3-4 months and that I would probably have to go to court to get a fair shake and hope for a favorable outcome. Two weeks after submitting my response, I received word that my clearance had been reinstated. This would not have happened without his excellent work. I also think he was extremely fair about billing. I feel he produced a product that required more hours than he billed. He’s a great attorney and I’m so glad I found him.”

Alex S.

“Absolute strongest recommendation. John and his team were professional, knowledgeable, and experienced. He knew the appeals process backwards and forwards, he prepped me for what last ahead at each milestone and was especially thorough.”

Mark O.

“Outstanding legal representation. Highly recommended. John Berry and his team are first class professionals. Melissa Watkins was great!”

Rahim N.

“Berry & Berry is a great firm. Kimberly was very knowledgeable, detailed, professional, and kept me in the loop of the process. I would recommend this firm without hesitation.”

Lakina B.

“I would definitely recommend Berry& Berry. My case was a success thanks to Kimberly she was great. They made me feel very comfortable.”

Kevin L.

If you wish to explore legal representation, please call our office or use this form to inquire about our consultation process.

Call Us Today!703-668-0070

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Reston, VA 20190

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