PSH-22-0066 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline I (Psychological Conditions)

On June 28, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. A DOE Psychologist (the Psychologist) found that the Individual meet the criteria for Unspecified Personality Disorder ( UPD), Unspecified Depressive Disorder (UDO), and Adjustment Disorder With Mixed Disturbance of Emotions and Conduct (AD) set forth in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) which the Psychologist concluded had impaired the Individual's judgment, reliability, stability, and trustworthiness.

At the Hearing, the Individual did not dispute the Psychologist's conclusion, but rather provided the testimony of five witnesses, including her psychotherapist and herself, to show that she had successfully mitigated the security concerns raised under Guideline I by obtaining effective mental health treatment.

The Psychologist testified that after observing the testimony provided by the other five witnesses, she believed that the Individual no longer had an emotional, mental or personality condition that can impair her judgment, stability, reliability, or trustworthiness. She noted that the Individual's stressors have diminished and that the Individual's psychiatrists concluded that she no longer needed medication.  The Psychologist further testified that, because of her therapy, the Individual has learned to regulate and manage her symptoms and has skills in place to avoid repeating the behaviors that led to her diagnosis. She opined that the Individual's prognosis is "good."

The testimony of the Individual, the LCSW, and the Psychologist convinced the AJ that the Individual had fully mitigated the security concerns raised by the Individual's diagnosis. The AJ found that the Individual had shown that she is currently receiving counseling and treatment for her UPD, UDO, and AD, and that that treatment had been effective. The AJ further noted that two mental health professionals, including the DOE's own expert, the Psychologist, both testified that the Individual's prognosis for these disorders is "good," and that her disorders were not currently affecting her judgment, reliability, or trustworthiness, and are unlikely to do so in the future.

Accordingly, the Administrative Judge concluded that the security concerns raised by the Individual's diagnosis were mitigated and that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0066, Fine)