Unreported Conditions on Your FAA Medical Application

  • ON Jul 03, 2020
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  • BY Anthony Ison
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  • IN Pilot Law

Yes, unreported conditions on your FAA medical application could lead to serious consequences. Maybe it was an accident. You didn’t really read the questions. You misunderstood the question. You were afraid to report something that could lead to denial of your medical application. If the FAA discovers an unreported condition, including DUI arrests and VA disability benefits, the bad news is that you could face revocation of your airman certificate and your medical certificate. If discovered early, however, before the FAA discovers your non-compliance, you may be able to fix your error and avoid much of the harsh sanctions imposed by the FAA for alleged “falsification.”

Specifically, Order 2150.3C regarding the FAA’s Compliance and Enforcement Program speaks to the significance of “corrective action.” Specifically, the Order states at page 4-27 that:

“Evidence of an apparent violator’s corrective action presented during an investigation is included in the EIR. Corrective action is a mitigating factor when it exceeds regulatory or statutory requirements, corrects the underlying violation, and is designed to prevent future violations. The significance of corrective action as a mitigating factor is determined by the timeliness of the action (e.g., before FAA discovery of a violation, after discovery but before legal enforcement action is initiated, or after legal enforcement action is taken) and how extensive it is.”

The significance of this language is that, in practice, typically, if the FAA Office of Aerospace Medicine learns of a previously unreported condition from you, before they discover it, revocation of your airman certificate may be avoided. Still, the FAA will want to establish that you are eligible to hold an airman medical certificate, in light of the newly reported condition. Nevertheless, the career-ending effects of revocation can likely be avoided.

As with all things, there are caveats to corrective action. First, if the FAA has initiated an investigation regarding your underreporting or if the information is presented via response to a different inquiry, an “amendment” to your previous medical applications may not be accepted. The timing of such an “amendment” or corrective action is critical to the FAA’s handling of your case, so it is important that you consult with a FAA medical certification attorney prior to attempting to making any reports to the FAA.

If you have any unreported conditions on your airman medical application, you should contact a FAA medical certification attorney to discuss corrective action. These issues can be further discussed with the aviation attorney at The Ison Law Firm. If you are facing unreported conditions on your FAA medical application, help is only a phone call away: 1-855-FAA-1215.

Check out more, here:  https://thepilotlawyer.com/faa-medical/

The information contained in this web-site is intended for the education and benefit of those visiting this site. The information should not be relied upon as advice to help you with your specific issue. Each case is unique and must be analyzed by an attorney licensed to practice in your area with respect to the particular facts and applicable current law before any advice can be given.