PSH-18-0076 - In the Matter of Personnel Security Hearing

On January 22, 2019, an Administrative Judge determined that an Individual’s access authorization under 10 C.F.R. Part 710 should be denied. A background investigation on the Individual revealed that he had failed to disclose prior emotional counseling. The Individual later disclosed that he was diagnosed with Bipolar Disorder as a minor, but that his diagnosis was changed to General Mood Disorder caused by anxiety in adulthood. After his diagnosis changed, the Individual began weaning off of medication to control Bipolar Disorder symptoms and ceased pursuing treatment for Bipolar Disorder. A DOE-contracted psychiatrist (DOE Psychiatrist) conducted an evaluation of the Individual and determined that the    Individual met the criteria Bipolar I Disorder, in Partial Remission, under the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, based on the Individual’s self-reported manic and depressive episodes over a period of many years, including a depressive episode twelve weeks prior to the psychological evaluation, the Individual’s prior hospitalizations for depressive episodes, the Individual’s family history, and his determination that the Individual was cognitively impaired. The DOE Psychiatrist found that, without proper treatment, Bipolar Disorder impaired the Individual’s judgement, stability, reliability, and trustworthiness. At the hearing, the Individual presented the testimony of a forensic psychologist (Individual’s Psychologist) who opined that the Individual did not suffer from Bipolar Disorder. In support of his position, the Individual’s Psychologist asserted that Bipolar Disorder is overdiagnosed, particularly in children, the Individual had not experienced symptoms for several years, and that the lengthy absence of symptoms suggested that the Individual was previously misdiagnosed. The Administrative Judge found the testimony of the DOE Psychiatrist more persuasive than that of the Individual’s Psychologist. While the DOE Psychiatrist based his diagnosis on the Individual’s self-reported symptoms and medical history, the Individual’s Psychologist minimized the severity of the Individual’s prior symptoms, particularly his hospitalizations, and asserted that the Individual could not reliably self-report a depressive episode.  The Administrative Judge therefore concluded that the DOE Psychiatrist properly concluded that the Individual suffered from Bipolar Disorder and that the Individual had not mitigated the security concerns under Guideline I. Accordingly, the Administrative Judge determined that the Individual’s access authorization should not be granted. OHA Case No. PSH-18-0076 (Richard A. Cronin, Jr.).