PSH-18-0091 - In the Matter of: Personnel Security Hearing

On March 1, 2019, an Administrative Judge determined that an Individual’s access authorization under 10 C.F.R. Part 710 should not be restored. The Individual disclosed on an Electronic Questionnaire for Investigations Processing that he had been diagnosed with Bipolar Disorder. The Individual subsequently disclosed during a personnel security interview conducted by the local security office that he suffered from frequent manic and depressive episodes, and that during manic episodes he experienced uncontrollable anger and hypersexuality. A DOE-contracted psychologist (DOE Psychologist) evaluated the Individual, diagnosed the Individual with Bipolar II Disorder under the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, and concluded that the Individual’s hypomanic episodes could impair his judgement. The DOE Psychologist recommended that the Individual pursue treatment with a qualified medical practitioner and participate in psychoeducational counseling. The Individual testified during the hearing that he had consulted with a psychiatrist who had prescribed him medication that was helping him to manage his symptoms. However, the Individual did not meet with his psychiatrist frequently enough for the psychiatrist to offer an opinion as to the Individual’s prognosis and the Individual did not participate in the psychoeducational counseling recommended by the DOE Psychologist. As the Individual was not pursuing an optimal course of treatment, the DOE Psychologist opined that the Individual’s judgement might still be impaired during hypomanic episodes. The Administrative Judge concluded that the Individual had not satisfied the DOE Psychologist’s treatment recommendations or mitigated the security concerns under Guideline I. Accordingly, the Administrative Judge determined that the Individual’s access authorization should not be restored. OHA Case No.  PSH-18-0091 (Richard A. Cronin, Jr.).