Post Content

Legal Insider: Psychological Conditions and Security Clearances

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

A psychological condition can become a security clearance concern for government contractors and federal employees.

The good news is that federal agencies, especially over the past 10-15 years, have responded to such concerns with more empathy and consideration than ever before. However, there are some considerations to be aware of when these issues arise.

We all know that a mental health condition can enter an individual’s life at any time and for any reason. It can be genetic or can be triggered by a death, divorce, loss of employment or injury. When a psychological condition arises in the context of applying for or attempting to retain a security clearance, the individual needs to seek legal advice to enable the person the best opportunity to maintain or obtain their security clearance.

Being diagnosed with a mental health illness doesn’t mean that the individual can’t obtain or continue to hold a security clearance. Thousands upon thousands of clearance holders retain their security clearances even if they have psychological conditions. These days, the best way for a security clearance holder to address psychological issues is to disclose them where appropriate and demonstrate that any psychological issues are under control or no longer an issue. There are many ways to do this.

Furthermore, the revised Adjudicative Guidelines (SEAD 4) for Psychological Concerns (Guideline I) state that “no negative inference concerning the standards in this guideline may be raised solely on the basis of mental health counseling.”

The key for an individual is to be upfront and honest in completing security clearance forms and in speaking with investigators about such issues. It is often the case that an individual can lose a security clearance because they did not disclose a serious psychological condition (dishonesty) when had they disclosed the psychological concern they would have obtained their security clearance.

The following are examples of the potential mitigation evidence that can be used in security clearance cases involving psychological conditions, depending on the specific facts or condition at issue. These can include:

  1. Medical opinions issued by mental health professionals (psychiatrists, psychologists, counselors) showing that a psychological condition is under control
  2. Evidence that demonstrates that an individual has complied with medical treatment and recommendations related to a psychological condition
  3. Evidence that the individual has entered counseling, therapy or other treatment programs administered by medical professionals
  4. Evidence that a psychological condition no longer affects the individual

Each case under Guideline I is different, but we have found that most cases can be mitigated with the proper attention to treatment and the preparation of documentation showing that any major psychological condition is under control or in the past.

Conclusion

If you are in need of security clearance representation or advice, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Security Clearance BlogFacebook or Twitter.

Recent Stories

A major affordable housing development in the city’s Braddock area is headed to the Planning Commission tonight. Tonight’s meeting on the proposed Samuel Madden redevelopment comes after more than a…

Almost exactly two years after it opened, Loyal Companion (923 N. St. Asaph Street) in Old Town North will be closing for good. The location’s closure is part of a…

A man suffered non-life-threatening injuries when he was attacked by group of men in Arlandria on Monday morning, according to police. Police were dispatched to the intersection of W. Glebe…

Helen is a 7-year-old black and brown brindle beauty searching for her forever home! Helen is currently up for adoption at the Animal Welfare League of Alexandria. This polite girl…

Alexandria Women for Good donated $6,720 to Alexandria’s Community Lodgings from their first donation cycle! They toured one of the learning centers, met some of the staff and kids, and handed over a big check.

Alexandria Women for Good is a newly formed local Grapevine Giving Circle composed of local Alexandria women who make the commitment to give back to the local community regularly and intentionally. Each quarter they raise money to give to local nonprofits making a difference.

For more information visit: https://www.grapevine.org/giving- circle/3y6h4Ay/Alexandria-Women-for-Good

Read More

Submit your own Community Post here.

Hi, my name is Moneim Z., and I am a blind male with chronic kidney disease, who needs a living kidney donor for a transplant. My blood type is B+, and I can accept a kidney from individuals who have blood types B and O.

To read my story, please see the attached letter.

To contact me directly, please email me at [email protected] or call at 571-428-5065. My living donor coordinator at INOVA Hospital, Amileen Cruz can be reached at (703) 776-8370 , or via email at [email protected]

Thank you!

Read More

Submit your own Community Post here.

×

Subscribe to our mailing list