Howdy. I'm currently having a problem with the FAA Medical Division.
The situation is as follows. I have a minor endocrine disorder that is
easily managed by a medication that is already FAA-approved. Neither
the disorder nor the medication has *any* side effects that could
remotely impact flying, and I have been stable on this medication for
over 5 years, with no problems whatsoever. I have had two previous
physicals, a Class III and a Class II. Both times, the AMEs signed me
off without question or problem, and both times the medication and
underlying disorder were reported to the FAA, which apparently had no
problem with it either. This disorder is not listed among
disqualifying disorders, but it is relatively rare. I have solid
medical documentation that there are no problems, the medication is
safe and effective, and that I am stable on it.

I went to a different AME this time for my Class II (it expired in
May, so had I not seen him I would have had my Class III privileges
for an additional 2 years). The guy I saw (I found out later) has a
bad reputation among local pilots, to the extent that his name has
been crossed off the list of local AMEs that several flight scools
give to students because of all the problems he has caused. Anyway, he
'deferred' me to Oklahoma City, and did not issue my medical. He said
that there was a 99.99% probability I would be approved, of course,
but he wasn't willing to 'take the chance', whatever that means.

I talked with the FSDO and they advised me that I am grounded for the
duration of this review period (probably 3-6 months). I had heard that
position before, that as soon as you request a new physical, your old
one becomes invalid. But I cannot find anything explicitly stating
that anywhere in the FARs, parts 61 or 67. I find information
regarding 'suspended', 'denied' and 'revoked' medical certs, but my
situation is *none* of those. I find information requiring me to
'self-ground' upon receipt of knowledge that I have a condition that
may make me ineligible for a medical certificate, but I have no such
knowledge; my medical situation is *exactly* the same as it was last
year, when an AME found me fit to fly, and the FAA did not superceded
that; specifically the disorder and medication I am on *is* clearly
one with which I can fly, since the FAA has known about it for years
with no problem.

Nobody has requested that I return my medical cert, I am still in
physical posession of an (apparently) valid medical certificate
allowing Class III privileges for 2 more years. Nothing I signed
stated that my previous medical became invalid, and nothing I have
received from anyone states anything about that.

So....my question is, where is the black-letter law stating that my
previous medical has been superceded by my new one? I cannot find it.
My application is being reviewed, it has not been denied, nor
approved. I have talked to the AOPA (which seems to agree that I am on
the bench), and with a very experienced DE who went through the exact
same thing several years ago, and states that the FSDO and the AOPA
are wrong on this. His position (one which I *really* like, obviously)
is that, since I am in physical posession of a valid medical
certificate, and since I have not been requested to surrender it by
certified mail, and since I have no official communication from anyone
that it has been revoked, suspended, denied, or superceded that I am
perfectly legal to fly. His position is that is is essentially like a
checkride that has been discontinued; i.e. that it has not be 'failed'
nor 'passed', but that in the meantime, any previously valid
certificate is still valid.

If he is wrong, then there *must* be some black-letter law somewhere
that specifies that. If anyone can point me to it, I would greatly
appreciate it, because absent some binding authority (a verbal opinion
from a FSDO, while significant and useful, does not seem to constitute
legally binding authority in this matter) I do not see any reason to
believe that I cannot fly.

Obviously I don't want to make the situation worse by getting violated
for flying without a medical. But equally obviously I don't want to
sit on the bench for 3 months for what should be a trivial review and
a near-automatic approval. I really can't shell out several thousand
dollars for an aviation attorney, nor would I want to get into a
****ing match with the FAA anyway. If I can't fly, then I can't fly
and I'll live with it...but if there is any way that I can legally
stay in the air (however loohole-ish it might be), then I want to.

Any ideas, opinions or suggestions?

Thanks,

Cap