Are you requesting reconsideration of a FAA medical denial? If you have been denied for a condition which is not a “specifically disqualifying” condition, the Federal Aviation Administration (“FAA”) will offer an applicant an opportunity to request reconsideration of a FAA medical denial by the Federal Air Surgeon.
A “specifically disqualifying” condition is a condition that is specifically identified in the Federal Aviation Regulations as being disqualifying. When an airman is denied for a “specifically disqualifying” condition, the FAA does not offer the applicant an opportunity to request reconsideration of a FAA medical denial. Instead, in those cases, the FAA offers the applicant an opportunity to appeal such a FAA medical denial to the National Transportation Safety Board (“NTSB”). The FAA will offer an applicant an opportunity to request reconsideration of a FAA medical denial in cases where an applicant is denied for a “non-specifically disqualifying” condition. A “non-specifically disqualifying” condition is a condition that is not specifically identified in the Federal Aviation Regulations as being disqualifying. However, a “non-specifically disqualifying” condition is a condition that the Federal Air Surgeon feels, in her discretion, could prevent the applicant from being able to safely operate within the National Airspace System. What the FAA does not tell you, however, is that even when an applicant has received a FAA medical denial for a “specifically disqualifying” condition, the applicant may still ask for reconsideration of that decision. In many cases, requesting reconsideration from the FAA’s Office of Aerospace Medicine will be more successful and faster than appealing to the NTSB.
What is reconsideration of a FAA medical denial? Essentially, when an applicant requests reconsideration from the FAA, the applicant is requesting that the physicians within the FAA’s Office of Aerospace Medicine review his or her file and reconsider whether the applicant should continue to be denied a medical certificate or whether the applicant could be considered for a special issuance authorization. When the FAA receives a request for reconsideration, the file will be processed for review through either the Aerospace Medical Certification Division (“AMCD”), the Regional Flight Surgeon (“RFS”), or the Federal Air Surgeon’s office. If favorable, a request for reconsideration could result in the FAA deciding to issue the applicant his or her medical certificate or, in the alternative, issue the applicant his or her medical certificate with a special issuance authorization or Statement of Demonstrated Ability (“SODA”).
It is important to remember that if the FAA denied your FAA medical in the first place, it likely means that the FAA didn’t like what they saw in their first review of your airman medical file. As a result, it is important that you consider what the FAA’s rationale was in their determination that you should be denied a FAA medical. In doing so, you can determine what, if anything, would further support your request for reconsideration from the Federal Air Surgeon. Most times, a request for reconsideration may have a better chance of success if new medical information is provided with such a request for reconsideration. New medical evidence may include additional treatment records, a detailed clinical progress note from your treating physician, a third-party evaluation, or other evidence that may be relevant to your issue.
Some applicants fear they may have lost their opportunity to request reconsideration of a FAA medical denial, as the time provided to them by the FAA has passed. Fortunately, in our practice, we have found that the FAA will consider any request for reconsideration and/or any new medical information we provide, whenever we wish to provide it. This does not mean that an applicant should purposefully miss a deadline; however, most times, it is not feasible for an applicant to gather the needed information to be successful for a request for reconsideration of a FAA medical denial within the 30 days the FAA provides. Nevertheless, as long as your medical application is still valid (in other words, the period of time has not expired that is provided to your application), you have the ability to request reconsideration of your FAA medical denial.
If you need help with requesting reconsideration of your FAA medical denial, call the FAA attorneys at The Ison Law Firm. We are happy to evaluate your case and discuss with you a plan for presenting your case to the FAA.
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