Receiving mental health treatment alone is not a reason to deny or revoke a clearance, and often it is a failure to seek and adhere to effective treatment plans that results in eligibility issues. When derogatory information about your mental health has been discovered by investigators that could impact your clearance, either because it was disclosed on the SF-86 or is suspected due to patterns of behavior, you may be directed to participate in a psychological evaluation. While you are not required to participate, failure to do so could result in a clearance denial because the adjudicators lack the necessary information to make an eligibility determination. Before the evaluation, the psychologist or psychiatrist will review your investigative reports, medical/psychiatric records and may request other relevant records. At the interview, diagnostic testing will be administered and questions will be asked to clarify information or learn more about potential mental health issues that could negatively impact your eligibility for a clearance. The clinician will then complete a report for security officials that outlines his or her findings and makes a recommendation regarding whether a clearance should be granted. Specifically, the evaluator must answer: 1. Does the person under investigation have a condition that could impair his or her judgment, reliability or trustworthiness? Yes or No. If Yes, then 2. If so, describe the nature of the condition and the extent and duration of the impairment or treatment. 3. What is the prognosis? 4. Dates of treatment? The evaluator’s answers to these questions could result in a clearance adjudication under Guideline I. You can request a copy of your evaluation report by submitting a Privacy Act request. Although many applicants are ultimately able to mitigate concerns regarding their mental health and clearance eligibility, interim clearances are often declined unless mental health concerns are properly mitigated when the clearance application is first submitted.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
