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Question Medical
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my medical situation is *exactly* the same as it was last year, when an AME found me fit to fly, and the FAA did not superceded that; specifically the disorder and medication I am on *is* clearly one with which I can fly, since the FAA has known about it for years with no problem.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 |
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#3
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Forward all this information to the AOPA medical section....
"Captain Wubba" wrote in message om... 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 |
#4
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and have you talked to the AOPA? is your medication on there "list" of
approved or disapproved.. BT "Captain Wubba" wrote in message om... 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 |
#6
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"Captain Wubba" wrote in message om... 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 [snip] You might want to talk to www.leftseat.com. My father is using them to attempt to restore his flying privileges after some heart trouble. It's early in the process yet, but he has been pleased with his discussions with them so far... Cheers, John Clonts Temple, Texas N7NZ |
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