One of the biggest misconceptions in security clearance law is that a history of severe depression, suicide attempts, psychiatric hospitalization, or other significant mental health issues automatically ends a clearance career.
That simply is not true.
Recently, National Security Law Firm successfully represented a security clearance applicant before the Defense Office of Hearings and Appeals (DOHA) whose case involved extensive allegations under:
Despite a lengthy history of mental health crises, multiple hospitalizations, prior criminal conduct connected to a depressive episode, and an unfavorable government psychological evaluation, the Administrative Judge concluded that the concerns had been mitigated and granted the client’s eligibility for access to classified information.
The Allegations
The government alleged numerous security concerns spanning more than a decade, including:
- multiple suicide attempts and suicidal ideation
- several involuntary psychiatric hospitalizations
- treatment for recurrent major depressive disorder
- discontinuing mental health treatment against recommendations in 2020
- criminal conduct arising from threatening text messages during a depressive episode as a teenager
- a later peace order involving continued contact with another individual
- a 2024 government psychological evaluation diagnosing Borderline Personality Disorder and concluding that the applicant’s reliability, judgment, stability, and trustworthiness remained compromised
On paper, this was an extraordinarily challenging security clearance case.
Why This Case Was So Important
Many applicants incorrectly believe that once a government psychologist concludes that a mental health condition creates a security concern, the outcome is essentially predetermined.
It isn’t.
Security clearance decisions are not based on diagnosis alone.
They are based on whether the evidence, viewed under the Adjudicative Guidelines and the Whole-Person Concept, demonstrates that the applicant is currently reliable, trustworthy, and unlikely to present a future national security risk.
This case illustrates that distinction perfectly.
Our Strategy
Rather than attempting to minimize the client’s history, the defense focused on demonstrating how dramatically the client’s life had changed since the events described in the Statement of Reasons.
Among other things, we presented evidence showing:
- years of emotional stability without new incidents
- outstanding employment performance and multiple promotions
- completion of both a bachelor’s degree and an MBA
- strong family support
- excellent character evidence from coworkers and longtime acquaintances
- current psychological treatment
- a comprehensive independent psychological evaluation reaching a substantially more favorable prognosis than the government’s expert
- evidence that the applicant fully understood his condition, accepted responsibility, and had developed healthy coping mechanisms
Most importantly, we framed the evidence around what adjudicators actually care about:
future risk—not simply past conduct.
Competing Expert Opinions
One of the central issues involved conflicting psychological opinions.
The government’s psychologist concluded that the applicant continued to present significant security concerns.
We presented a detailed independent psychological evaluation concluding that:
- Major Depressive Disorder was in remission
- the applicant had demonstrated approximately six years of emotional stability
- the risk of future instability was low
- and the applicant was capable of safely maintaining a security clearance with continued responsible self-management and treatment
The Administrative Judge ultimately found the defense expert more persuasive, noting that the defense psychologist had the benefit of reviewing the government’s evaluation, conducting additional testing, and meeting with the applicant repeatedly over multiple therapy sessions.
The Judge’s Decision
The Administrative Judge concluded that:
- the applicant’s circumstances had fundamentally changed
- his mental health had remained stable for years
- he had developed an exceptionally strong support system
- he was now actively engaged in treatment
- and the likelihood of recurrence was sufficiently low
The Judge specifically found that the security concerns under both Guideline I and Guideline E were mitigated and granted eligibility for access to classified information.
Why This Decision Matters
This decision reinforces several important principles that apply to many security clearance cases:
- A serious mental health history is not an automatic disqualification
- The government evaluates current reliability—not simply past diagnoses
- Independent expert evaluations can be critically important
- Long-term stability matters
- Strong character evidence matters
- Proper mitigation strategy can dramatically change how adjudicators evaluate risk
Most importantly:
A difficult history does not necessarily define the future of a security clearance case.
Every Case Is Different
Every security clearance case depends on its own facts, evidence, medical history, mitigation, and credibility.
A prior grant in one case does not guarantee success in another.
However, this case demonstrates an important reality that many applicants overlook:
Security clearance cases are won by building a record that adjudicators can confidently approve—not by pretending difficult facts never happened.
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Why National Security Law Firm
Many security clearance lawyers focus almost exclusively on appeals after a clearance has already been denied or revoked.
At National Security Law Firm, we understand that some of the most important opportunities to protect a clearance occur much earlier.
This case is an excellent example.
Our client did not receive a final revocation.
Instead, the National Geospatial-Intelligence Agency issued an Intent to Revoke eligibility for access to Sensitive Compartmented Information (SCI). Rather than waiting for a final adverse decision, we helped the client develop a comprehensive response, prepare for a personal appearance, present meaningful mitigation, and ultimately obtain a favorable adjudication restoring SCI eligibility.
That reflects how we approach every security clearance matter.
We do not simply respond to government allegations.
We focus on building a record that adjudicators can confidently approve.
Our security clearance team includes:
- former administrative judges
- former government attorneys
- former military attorneys
- attorneys who have held security clearances
- professionals experienced in DOHA proceedings, Intelligence Community matters, agency adjudications, and federal personnel security
Complex matters are reviewed through our Attorney Review Board, where multiple experienced attorneys analyze strategy before significant submissions are made.
That collaborative process helps identify weaknesses, strengthen mitigation, and ensure the record is developed with future decision-makers in mind.
Because security clearance cases are not won by making emotional arguments.
They are won by presenting a complete, credible, and well-supported record that demonstrates why continued eligibility is clearly consistent with the interests of national security.
Whether your matter involves:
- an Intent to Revoke
- a Statement of Reasons (SOR)
- a Letter of Interrogatory (LOI)
- a DOHA hearing
- a security clearance suspension
- Loss of Jurisdiction
- SCI eligibility
- or another agency-specific adjudication
our focus remains the same:
Protect the record. Present persuasive mitigation. Maximize the likelihood of a favorable decision.
Speak With a Security Clearance Lawyer
If your security clearance—or SCI eligibility—is at risk, early action can make a significant difference.
We offer:
- Free, confidential consultations
- Nationwide representation
- Transparent flat-fee pricing
- Flexible payment options through Pay Later by Affirm
Whether you have received an Intent to Revoke, an LOI, an SOR, or another adverse security notice, we can help you understand your options and develop a strategy before the record develops further.
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The Record Controls the Case.