The FAA has announced changes to the FAA medical deferral process. In an announcement made to Aviation Medical Examiners (“AME”), the FAA has reportedly identified that starting on January 1, 2025, the initial response from the FAA to applicant’s whose applications for airman medical certification have been deferred to the FAA will change. Currently, at the time of this writing, when an applicant’s FAA medical application is deferred by an AME to the FAA for further reivew, the FAA will typically send an informational request letter to the applicant, allowing the applicant anywhere from 30 to 90 days to provide requested medical records and/or evaluation reports. As the FAA medical deferral process stands now, an applicant’s application is not technically “denied” during the FAA medical deferral process. Instead, during that time the applicant’s medical certificate is just not issued.
The changes to the FAA medical deferral process which the agency seeks to implement in January 2025, will mean that instead of receiving an informational request letter, the FAA will send the applicant an initial denial letter. The initial denial letter will deny the applicant’s application for medical certification. However, the letter reportedly will further include a list of any additional information that the FAA may require for reconsideration of the applicant’s application for airman medical certification. The changes to the FAA medical deferral process will not change the fact that if you submit documentation with your deferred medical application supporting your eligibility for certification, the FAA may issue to you a medical certificate instead of denying your application.
What is an initial denial of your FAA medical application? The regulation relevant to a FAA medical application denial is 14 C.F.R. §67.409. Within the regulation, the FAA identifies two “types” of denials, in theory. An initial denial is essentially a denial of your FAA medical application for a condition that is not specifically identified as disqualifying within the Part 67 of the Code of Federal Aviation Regulations. With an initial denial, the FAA allows the applicant to request reconsideration of the denial within thirty (30) days of the agency issuing the denial. Many times, initial denials are favorably reconsidered when documentation is submitted to the FAA establishing the applicant’s eligibility for the airman medical certificate.
14 C.F.R. §67.409 also identifies a final denial of your FAA medical application. If your FAA medical application results in a final denial, your only option on paper is to appeal that denial to the National Transportation Safety Board. In truth, the FAA will also reconsider most final denial letters if you are able to provide documentation establishing your eligibility for FAA medical certification and/or special issuance authorization.
The changes to the FAA deferral process are seemingly in response to the FAA’s legal interpretation of Section 801 in the FAA Reauthorization Act of 2024 (Public Law 118-63). The reauthorization seems to place emphasis on the FAA timely notifying pilots and certificate holders if they are subject to an airman certificate reexamination. In theory, the FAA’s more immediate response with a decision (via initial denial) to an application for airman medical certification would allow for the FAA to render a faster decision, all the while allowing the process to essentially play out the same as it always has. Looks like the FAA medical certification process is a legal process after all.
Things to consider regarding changes to the FAA medical deferral process:
- Some have already stated that the changes to the FAA medical deferral process will prevent airmen who have been deferred from utilizing the pleasures of BasicMed and Sport Pilot privileges. It is the unpopular interpretation and opinion of our firm that even before implementation of these processes, a deferral of your FAA medical application by your AME would prevent your being eligible for BasicMed and/or Sport Pilot privileges. It is our opinion that if you are deferred, a number of regulations essentially bar your eligibility for both BasicMed and Sport Pilot, to include 14 C.F.R. §§61.23 and 61.53. For this reason, we do not see the FAA’s efforts to provide an initial denial changing anything with respect to these programs.
- If you receive an initial denial of your FAA medical application, you will have to forever report that denial on your FAA medical application at question 13.
- With the changes to the FAA medical deferral process, it will be all the more imperative to ensure that you have appropriate documentation in place before you go to your examination with your AME. As has always been the case, if you are able to produce documentation establishing your eligibility for airman medical certification at the time of initial review by the FAA doctor, you may be able to avoid an initial denial.
- Not all FAA medical certification services help applicants who have been denied by the FAA. If you receive an initial denial, you should seek counsel from a firm which understands the processes of how to appropriately and effectively request reconsideration of the denial by the Federal Air Surgeon. These changes highlight that the FAA medical certification process is legal in nature and not a doctor-to-doctor process. When seeking help with an initial denial, you should inquire whether he agency or services handles denials on a regular basis.
An aviation attorney can help you determine the best way to present your case after the changes to the FAA deferral process. Again, the documentation you present to the FAA is all evidence that the FAA can either use to your favor or against you. The FAA physicians are trying to determine whether the evidence presented to them supports your eligibility as stated in the above-referenced regulations. An aviation attorney can help you best present and argue your eligibility for FAA medical certification and, in some cases, argue that opportunities for monitoring through a special issuance authorization should exist.
Contact the Aviation Lawyers from The Ison Law Firm Aviation Lawyers for Help Today
You need both a pilot and a lawyer on your side for your aviation law needs. Don’t hesitate to contact our team from The Ison Law Firm Aviation Lawyers to schedule a confidential consultation with an experienced aviation lawyer today.
We’re pilots representing pilots. The Ison Law Firm Aviation Lawyers offers FAA enforcement defense and medical certification representation worldwide!
The Ison Law Firm Aviation Lawyers
Phone: Toll-Free 855-322-1215
Office Hours: Mon – Thu, 9:00 AM to 5:00 PM
Fri, 9:00 AM to 12:00 PM
Disclaimer: Messages left for attorneys after these business hours will be addressed the following business day, during business hours.
