Mental Health mitigation


#1

I was diagnostic with Bipolar Disorder back in 2012, and I seek an second opinion from another mental health institution and they diagnostic me with Adjustment Disorder Unspecified. I’m compliant strictly with my treatment and obtain a favorable prognosis letter from my doctor to fill out the SF-86 form for Secret Clearance. My doctor told me the symptom is controllable with medicine for Adjustment Disorder and I do not have an impairment with Adjustment Disorder. Am I eligible to get the Secret Security Clearance?


#2

As long as you report the treatment, follow the treatment plan, and your doctor believes you can handle a security clearance - your mental health will not prevent you from getting a security clearance.


#3

can they check if I do not list mental health in the application ?


#4

Yes, they can check as long as you have signed the proper releases; however, they’ll need to know where to check (hence why the government demands you report). Remember lying on an SF form is a felony…


#5

Based on this reply alone, you have no business holding a security clearance or being around classified info.


#6

As many Subject have discovered, when I contact them for an updated medical or specific release - yes. You can refuse to sign the release - that is your right - but the refusal to sign is reported to the requesting agency and becomes part of the report of investigation.

To circle back to fed-investigator - omission of the reportable mental health raises serious level flags about your willingness to follow security rules. The usually the omission becomes a more serious issue in the report than the original issue, in this case the mental health treatment.


#7

I’m just wonder if they can check the mental health because by HIPAA law. It protect the privacy of the patient.


#8

In my case, the fact that I was miss diagnostic with Bipolar before, and get a new diagnostic with Adjustment Disorder Unspecified. My current doctor told me that I do not have a condition for impairment or mental break down because Adjustment Disorder Unspecified is a minor mental health problem. I’m in a favorable prognosis according to my doctor. She even have a detail letter for my evaluation. It is in a favorable view about my treatment because I’m compliant with her directions. Am I good for Security Clearance Investigation? What is the chances of passing the investigation. Please advice. I’m appreciate your comment.


#9

Then just report it and provide the prognosis from your current doc… hiding such info will significantly diminish your odds at getting cleared if your condition is discovered throughout the investigation.


#10

As someone mentions, failure to disclose this information is a serious violation. However, I can understand your hesitancy. Generally, mental health issue, alone, is not a disqualifying condition. This is especially true if you have been following the prognosis.

If you are still unsure, you should consult a security clearance attorney. They can probably better assistance you in this. A lot of security clearance attorneys do have free 1/2 hour or hour consultation. Just be careful with them when they try to sell you their products/services ;-).

All in all, just report it and it is less stressful that way too.


#11

Do you know any lawyer do that kind of work ?


#12

Please understand - I can not compel any health provider to give up information - nor would I try. If you don’t sign the HIPPA (Medical release) or the specific release when requested - I simply report the refusal to cooperate in the report.


#13

tHIS IS MY QUESTION THAT I WOULD LIKE YOUR HELP.


#14

If you do a Google search for security clearance attorney, you should be able to find something. Sean Bigley comes to mind as he regularly posts his articles for ClearanceJobs.com.

I read your recent post… As said, no one can truly answer your questions as it depends case by case. It seems to me that there may be something more to the story than you are sharing, but either way… I hope you will get an answer to your satisfactory.


#15

Do you know about TDO ( Temporary Detention Order )? Do we need to report it to the SF-86 ?


#16

Yes - you are required to report TDOs.


#17

Does TDO prevent you to get a security clearance ?


#18

TDO generally implies that the hospitalization (action) was involuntarily, depending on which State/Commonwealth you are in. Basing on that premise, it is reportable on the form.

Will harm your chance of getting a security clearance? It depends on why were you hospitalized. You don’t have to answer that here, but it is difficult for any of us to answer such a question without some information. I am not saying this to pry information from you. Rather, I am hoping that you can see that such an open-end question such as this is virtually impossible to answer based on the information you have given us.

For instance, if a person receives a TDO (based on premise that I mentioned earlier), it implies that something must have led to that TDO.

Nonetheless, time is a mitigating factor. Am I safe to presume that this happened more than five years ago, and there has been no other episode since then? If so, the mitigation of time might be on your side on this one. There is no hard and fast rule of how much time it requires to consider an event non-pertinent, but you stand a good chance here with this happened more than 5 years ago. Again, I am not an adjudicator nor am I a security clearance attorney.

There is an Adjudicative Desk Reference for your edification. You can google it up and it should be there. Also, there are Defense Office of Hearings and Appeals (DOHA) cases that you can search and find cases. A lot of good information can be found by reading DOHA cases. Here is a caveat, DOHA cases more often than not applied to contractors than federal employees. I will let the expert comment on DOHA cases as I am still new to it.


#19

Anything over 9 years is considered a non-issue, except for incidents that mandate indefinite debarment from federal service.


#20

I have a big argument at home with my dad and he called the police. I was brought in hospital of TDO and stay there for 2 weeks. There was no charge on me regarding about the incident. it was back in 2013. After the hospital, I come back to my regular doctor and continue the treatment. there was no charge on me, so I do not have any felony or criminal record. How is that affect my chance of getting the security clearance ?