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Appeal a Denial

Most denials are partially overturned on appeal. Most requesters never appeal.

If an agency denies your request, redacts more than seems justified, or simply misses the 20-day deadline, you have an absolute right to appeal — and most appeals get something. The agency's appeals officer reviews the initial decision fresh, often without the same biases that drove over-withholding the first time.

When can you appeal?

  • Full denial — agency refused to release any records.
  • Partial denial — agency released some but withheld others. You appeal the withheld portion.
  • Excessive redactions — agency released the document but redacted too much. Appeal the redactions.
  • Constructive denial — agency missed the 20-business-day deadline (or 30 days with valid extension). You can appeal at day 21 without further waiting.
  • Glomar response — agency refused to confirm or deny records exist. Appeal the Glomar.
  • Inadequate search — agency claims no records found but you have reason to believe responsive records exist. Appeal with details.
  • Fee determination — agency miscategorized your fee status or charged more than the regulations allow.

The deadline

You typically have 90 days from the date of the denial letter to file an administrative appeal. Some agencies allow longer; check the denial letter for the exact deadline.

Missing the appeal deadline forfeits your right to appeal that specific decision. You may still file a new request with a different scope.

Where to send the appeal

The denial letter itself will identify the appeals office. Each agency has a designated FOIA Appeals Officer or general counsel who handles appeals. Send it there, not back to the original FOIA office.

Appeal template

Copy this template, fill in the brackets, and pick the ground(s) on which you're appealing. You can cite multiple grounds in a single appeal.

[Your name]
[Your address]
[Date]

FOIA Appeals Officer
[Agency name]
[Appeals office address — see denial letter]

Re: Appeal of FOIA request [case number]
Original request date: [date]
Denial letter date: [date]

Dear FOIA Appeals Officer:

I appeal the agency's [date] response to my FOIA request, case number
[case #], filed on [date].

I am appealing on the following grounds:

  [Pick one or more, with specifics:]

  1. The agency improperly invoked Exemption [(b)(X)] to withhold
     [describe what was withheld]. The records do not fall within
     the scope of this exemption because [explain].

  2. The agency failed to release reasonably segregable non-exempt
     portions of [document description] as required by 5 U.S.C. §
     552(b). The agency must release any non-exempt material that
     can be separated from exempt material.

  3. The agency's search was inadequate. The agency should have
     searched [specific systems / offices / individuals] but did not.

  4. The agency failed to respond within the 20-business-day
     statutory deadline (5 U.S.C. § 552(a)(6)(A)(i)).

  5. [Other ground — be specific.]

I request that the agency:
  - Reverse the [denial / partial denial / withholding]
  - Release the [specific records or portions]
  - [If applicable:] Conduct an adequate search of [specific systems]

Please respond within the 20-business-day statutory window for
appeals. If you require additional information to process this
appeal, contact me at [phone / email].

Sincerely,

[Your name]

What happens after you file

The agency has 20 business days to respond to your appeal. Possible outcomes:

  • Full reversal: agency releases the records you sought.
  • Partial reversal: agency releases more than originally, but still withholds some material.
  • Affirmed: agency stands by the original decision. At this point you can escalate to OGIS mediation or sue in federal court.
  • Remanded: sometimes the appeals officer sends the request back to the original FOIA office for a redo (often a positive sign).

OGIS mediation

The Office of Government Information Services ↗ is the FOIA ombudsman. They mediate between requesters and agencies. Free, impartial, and frequently effective. Use them when:

  • An agency has gone silent on you.
  • Your appeal was denied and you want one more shot before considering litigation.
  • The dispute involves procedural questions (search adequacy, fee categorization) rather than substantive exemptions.

OGIS doesn't have legal authority to order disclosure, but they often persuade agencies to revisit decisions because the alternative is litigation.

FOIA litigation

If administrative appeals and OGIS mediation fail, you can sue the agency in federal district court. Things to know:

  • You can file pro se (without a lawyer), and many requesters do. The court is generally tolerant of self-represented FOIA plaintiffs.
  • You can win attorney's fees if you prevail substantially (5 U.S.C. § 552(a)(4)(E)). This makes FOIA cases attractive to public-interest law firms.
  • Filing the suit alone often produces a settlement — agencies frequently release records once litigation is filed, just to avoid the cost.
  • FOIA cases proceed under a specific framework (Vaughn Index, summary judgment based on agency declarations) that's different from typical civil litigation.

Organizations that handle FOIA litigation:

Next steps

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult an attorney for FOIA litigation or appeals involving complex legal questions.

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