Submitted by the Bond & Botes Law Offices - Tuesday, August 16, 2022
By Ronald C. Sykstus
Over the last three years or so, I have seen a marked increase in people who hold or are trying to get security clearances running into issues as they relate to psychological conditions. The guideline that controls security clearances references, under psychological conditions, that certain emotional, mental, and personality conditions can impair judgment, reliability, or trustworthiness. A formal diagnosis of the disorder is not required for there to be a concern under this guideline. A positive note under this guideline states that “no negative inference concerning the standards in this guideline may be raised solely on the basis of mental health counseling.”
That is a pretty good starting point for our discussion here. If you need any type of psychological or mental health counseling, make sure to get it and use it as often as you need it. Nothing should get in the way of anyone taking care of their mental and psychological health. When someone is asked to complete the SF 86 form under the eQip system, Section 21 of the form deals with psychological and emotional health. The form specifically notes that the “US government recognizes the critical importance of mental health and advocates proactive management of mental health conditions to support the wellness and recovery of federal employees and others. Every single day individuals with mental health conditions carry out their duties without presenting a security risk. While most individuals with mental health conditions do not present security risks, there may be times when such a condition can affect a person’s eligibility for a security clearance. Individuals experience a range of reactions to traumatic events. For example, the death of a loved one, divorce, major injury, service in a military combat environment, sexual assault, domestic violence, or other difficult work-related, family, personal, or medical issues may lead to grief, depression, or other responses. The government recognizes that mental health counseling and treatment may provide important support for those who have experienced such events, as well as those with other mental health conditions. Nothing in this questionnaire is intended to discourage those who might benefit from such treatment from seeking it. Mental health treatment and counseling, in and of itself, is not a reason to revoke or deny eligibility for access to classified information or for holding a sensitive position, suitability or fitness to obtain or retain federal or contract employment, or eligibility for physical or logical access to federally controlled facilities or information systems. Seeking or receiving mental health care for personal wellness and recovery may contribute favorably to decisions about your eligibility.”
As with everything security clearance related, full and open disclosure is mandatory. That goes for the initial SF 86 form completion through eQip and, also, if someone already holds a security clearance, immediate self-reporting of any issues that develop.
Here is a list of questions on the SF 86 that all individuals applying for a security clearance will be confronted with:
- Has a court or administrative agency EVER issued an order declaring you mentally incompetent?
- Has a court or administrative agency EVER ordered you to consult with a mental health professional (for example, a psychiatrist, psychologist, licensed clinical social worker etc.)?
- Have you EVER been hospitalized for a mental health condition?
- Have you EVER been diagnosed by a physician or other healthcare professional with psychotic disorder, schizophrenia, schizoaffective disorder, delusional disorder, bipolar mood disorder, borderline personality disorder, or antisocial personality disorder?
- In the last seven years, have there been any occasions when you did not consult with a medical professional before altering or discontinuing or failing to start a prescribed course of treatment of any of the listed diagnoses?
- Do you have a mental health or other health condition that substantially adversely affects your judgment, reliability, or trustworthiness even if you are not experiencing such symptoms today?
If the government does have concerns about an individual’s access to classified material and the awarding or continuing of a security clearance, the guideline provides that there are ways that a person can mitigate security concerns as follows:
- the identified condition is readily controllable with treatment, and the individual has demonstrated ongoing and consistent compliance with the treatment plan;
- the individual has voluntarily entered a counseling or treatment program for a condition that is amenable to treatment, and the individual is currently receiving counseling or treatment with the favorable diagnosis by a duly qualified mental health professional;
- recent opinion by a duly qualified mental health professional employed by, acceptable to and approved by, the US government that an individual’s previous condition is under control or in remission, and has a low probability of recurrence or exacerbation;
- the past psychological\psychiatric condition was temporary, the situation has been resolved, and the individual no longer shows indications of emotional instability;
- there is no indication of a current problem.
The point to all of this is, as stated earlier, really rather straight-forward – if you need help of any type regarding your psychological or mental health, get it. The situation where I see people run into trouble with their clearances is by not continuing treatment or doing their treatment sporadically or discontinuing treatment altogether if they think that everything is now fine. After reading this, if you think that any of the potential conditions or expressed concerns by the government may impact your clearance situation, then make sure you get steady and stable treatment and make sure it covers a good bit of ground. What I recommend, if there is a concern that may impact getting or keeping a security clearance, is to get both psychological or psychiatric help which usually is monthly or quarterly, and then, supplement that with a counselor at least weekly or, at an absolute minimum, twice per month. Also, to be clear, I would stay on this regimen for as long as you need to and certainly for the entirety of the time you have and need to keep a security clearance for your job. Also, make this a priority and don’t miss any of your appointments. I have seen situations where judges will ask for proof of attendance of treatment. If you have to miss a date of treatment, reschedule the appointment for as soon as you can and as close to the date that you missed. Also, be open and cooperative with your treatment professionals, keeping in mind that the security clearance personnel and judges will, in all likelihood, see your treatment records. You don’t want to appear that you are trying to minimize or withhold information from the health care professionals that are helping you. It is that critical to stay on this type of regimen in order to appease and mitigate the government’s potential concerns about your security clearance.
If you are in the process of having to fill out an initial or renewal sf 86 form through e-Qip, and you have questions or concerns about how to disclose your psychological or emotional health, please reach out to me immediately BEFORE you answer those questions. Along those same lines, if something comes up and you need psychological or mental health assistance, reach out to me immediately so, together, we can figure out whether you need to self-report this information and if so, exactly how to do it. A consultation with me is protected under the attorney-client privilege and only you and I will know what we discuss. To that end, I strongly recommend that you do not discuss any security concerns with your chain of command, civilian supervisors or anyone else since, reporting any type of potential issue to anyone else may require them to forward that information along to the facility security officer. Before you decide to do anything like that, and if you think you have an issue that needs to be disclosed either on the SF 86 form or by self-reporting, let’s discuss it first in a meeting protected by the attorney-client privilege so that we know exactly what all of the issues are and we can ensure that, together, we can control the narrative of exactly what you are reporting or answering. Please feel free to contact me by phone or text at 256-713-0221 or by email at rsykstus@bondnbotes.com if you would like to discuss any concerns that you have regarding your clearance. I am available at all times. My goal is to put any security clearance issue and concern that you may have to rest at the earliest and lowest possible level.
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