Access Authorization denied; Guidelines G, I, and J
Office of Hearings and Appeals
September 21, 2023On September 21, 2023, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be granted.
A DOE Psychologist found that the Individual met the DSM-5-TR criteria for three disorders: Alcohol Use Disorder, Severe (AUD), Borderline Personality Disorder (BPD), and Major Depressive Disorder ( MDD).
At the hearing, the Individual presented evidence showing that she had, for the past six months (1) abstained from alcohol use, (2) complied with the medication regime recommended by her Psychiatrist, (3) been engaged in a SMART Recovery group, (4) attended aftercare, (5) attended individual therapy, (6) attended dialectical behavioral therapy, and (7) adhered to her treatment team's recommendations. The AJ found that she was presently in early remission from these disorders and that if she were to continue with these programs, her AUD, BPD, and MDD would likely remain in remission. However, the AJ further found that a six month period of remission was not sufficient to show that the Individual was likely to continue these activities, since the Individual had a significant history of discontinuing her treatment and returning to alcohol abuse, problematic behaviors, and criminal activity.
The AJ therefore concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-23-0086, Fine)