Three Steps to Avoid a FAA Medical Denial

  • ON Jan 18, 2020
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  • BY Anthony Ison
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  • IN Pilot Law

There are three steps to avoid a FAA medical denial, whether you’ve been flying for years or this is your first FAA medical application. As you probably already know, a pilot’s license is only as good as the medical certificate that you hold. If you’re an ATP, student pilot, or just interested in getting into aviation, the common denominator is the need for a valid FAA medical certificate. Beyond that, the FAA’s new “BasicMed” certificate requires that your most recent medical application not have been denied. So, the impact of a FAA medical denial is becoming more consequential in the airman certification process, overall.

TIP #1: REVIEW BEFORE YOU SUBMIT

Before you submit an application to the FAA for medical certification, you hold all the power. Once you submit your application or medical records to the FAA, the FAA takes charge. Anything and everything that is submitted will be scrutinized by the FAA medical officers and considered in a light most favorable to aviation safety. This does not mean you should fabricate, falsify, or redact any information or documents. Instead, you should review all records and documentation prior to submission to the FAA in order to avoid a FAA medical denial. Doing so, gives you an opportunity to consider obtaining potential second opinions, more complete medical records, and developing additional evidence to support your eligibility in light of your condition. Addressing problematic conditions or records prior to submission to the FAA can work to alleviate the FAA’s concerns and help avoid a FAA medical denial.

TIP #2: UNDERSTAND THE FEDERAL AVIATION REGULATIONS

Not all medical conditions are treated the same by the FAA. Some medical conditions require simple document review by the FAA, which can ultimately result in issuance of a FAA medical certificate. However, Part 67, the body of regulations which identify criteria for medical certification, identifies certain disqualifying medical conditions. If you have an established medical history or clinical diagnosis of one of these “specifically disqualifying” conditions, as outlined in Part 67, you will always end up with a FAA medical denial. Nevertheless, even if you received a FAA medical denial due to one of these disqualifying conditions, you may be eligible for a special issuance authorization (essentially a waiver). The various conditions requiring special issuance authorization require medical evidence specific to that condition to establish eligibility for issuance. Knowing what conditions require special issuance authorization can prevent a FAA medical denial and ultimately preserve your opportunity to fly under Sport Pilot rules.

TIP #3: APPRECIATE THAT YOUR AME MIGHT NOT KNOW IT ALL

Do not expect your aviation medical examiner or “AME” to necessarily understand how the FAA will treat your medical condition. Clinically, you may appear eligible for medical certification, which might support your AME trying to issue your medical certificate. However, certain conditions require the FAA to review your medical records, whether your AME believes you are eligible, or not. Ultimately, even if your AME issues you a medical certificate, the FAA can still deny your FAA medical application.

As you can see, there are ways to avoid a FAA medical denial. These tips can be broken down into more nuanced procedures and have been refined by the aviation attorney at The Ison Law Firm. If you are facing a FAA denial, 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.

 

What Should Your FAA DUI Attorney Tell You About DUI Convictions

  • ON Feb 07, 2019
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  • BY Anthony Ison
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  • IN Pilot Law

What should your FAA DUI attorney tell you about DUI convictions? The first thing your FAA DUI attorney should tell you is that whether you are convicted of a DUI may not matter when it comes to obtaining your FAA medical certificate. More specifically, if you are arrested for DUI, but later convicted of a lesser offense, the FAA is still going to consider the incident aeromedically significant. For instance, your FAA DUI attorney should tell you that a plea to “reckless driving” following a DUI arrest will still likely result in a deferred medical application (depending on some variables) and an inquiry by the FAA as to your eligibility to hold an airman medical certificate.

Your FAA DUI attorney should tell you that the FAA’s medical certification application asks at question 18v. whether you have been arrested and/or convicted for an incident involving driving while intoxicated, while impaired by, or while under the influence of alcohol or a drug. This means that even if you are arrested for DUI, but later convicted of a “lesser offense,” you still have to indicate “yes” on question 18v. and provide the details of the offense in the explanation box. In essence, adjudication is not as important to the FAA as the event itself and what was documented from a medical perspective by the arresting officer(s) and those who may have conducted alcohol and drug screenings. In that, the FAA’s emphasis is on whether the incident was an example of use of a substance in a situation that was physically hazardous. Beyond that, the FAA utilizes any alcohol or drug testing results to ascertain whether you have a medically disqualifying “substance abuse” or “substance dependence,” as those conditions are described in 14 CFR Part 67.

If you have been arrested for a DUI, you should consult with a FAA DUI attorney immediately. Getting your charge of DUI reduced to “reckless driving” or some other “lesser offense,” does not necessarily reduce your liability with the FAA. Call a FAA DUI attorney at The Ison Law Firm today to discuss your reporting requirements and reestablishing your eligibility for airman medical certification. Your FAA DUI attorney at The Ison Law Firm is standing by to vector you through legal turbulence.

Failure to Report a DUI to the FAA

  • ON Feb 03, 2019
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  • BY Anthony Ison
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  • IN Pilot Law

Failure to report a DUI to the FAA comes with some pretty serious repercussions. Generally, when you’ve been arrested for DUI, you potentially have two (and in some cases, three) reporting requirements to the FAA. The first reporting requirement occurs on your airman medical application – if you’ve been arrested for DUI, you must report that arrest under question 18v. The second reporting requirement occurs within 60 days of an action against your driver’s license as a result of an alcohol-related motor vehicle action and/or within 60 days of a conviction (this is the potential third reporting requirement). Notice, this is potentially three different reports you must make to the FAA, as most times, convictions occur more than 60 days after the first reportable action against your driver’s license.

First, the bad news: failure to report a DUI arrest (note that unlike 14 CFR §61.15, you must report an arrest, even if you weren’t ultimately convicted of a DUI) on your airman medical application can result in revocation of all of your certificates. You read that correctly…the FAA can (and will) revoke your pilot’s license and medical certificate for intentional falsification, if they find a lie or omission on your medical application. Furthermore, if you fail to report a reportable action under 14 CFR §61.15, the FAA can and will suspend your pilot’s license.

Now, the good news: if you are just now realizing that you failed to report your DUI to the FAA and the FAA has not contacted you about your failure to report the DUI, you may have an opportunity to correct the issue. What’s this mean? Essentially, you can correct these issues, if you are proactive in doing so. It is important to keep in mind that anything you say or do in correcting your failure to report a DUI to the FAA can be used against you. Additionally, reporting a DUI could potentially cause the FAA to launch an inquiry as to your eligibility to hold an airman medical certificate. So, it is always good idea that you consult with competent FAA defense counsel prior to correcting your reporting errors to the FAA.

If you are concerned about a failure to report a DUI to the FAA, call your FAA defense attorney at The Ison Law Firm. The Pilot Lawyer is standing by to vector you through legal turbulence.

When a Pilot Fails a DOT Drug Test

  • ON Jan 25, 2019
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  • BY Anthony Ison
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  • IN Pilot Law

The FAA’s guidelines at Order 2150.3b call for the revocation of all certificates when a pilot fails a DOT drug test. All Part 121 and Part 135 (and some Part 145) operators are required by the FAA at Part 120 to test pilots and other certificate holders performing safety sensitive positions for a variety of reasons. The variety of DOT drug test performed pursuant to Part 120 are: pre-employment, random drug testing, post-accident, drug testing based on reasonable cause, return-to-duty testing, and follow-up testing. While the sanction for a failure of any of these types of tests is a minimum of revocation of your medical certificate, this discussion will be limited to failure of random, DOT drug tests; failure of a random, DOT drug test is quite common and carries a sanction of revocation of your airman certificate, as well as your medical certificate.

When you fail a random, DOT drug test, you will likely first be called by the medical review officer (MRO) to discuss potential medical explanations for the failure. This phone call is very important, as what you tell the MRO can and will be used against you by the FAA. If the MRO determines that there is not a legitimate medical explanation for your failed test, the failure will be reported to your employer. In turn, your employer will report the failure to the FAA. You may or may not be terminated by your employer at this point.

Next, the FAA will send you a Letter of Investigation. Again, anything you say or do in response to the Letter of Investigation can and will be used against you – do not assume that you can explain away your failure to the investigator. The last administrative step before an appeal to the NTSB is usually receipt of an Emergency Order of Revocation.

An Emergency Order of Revocation for failure of a random, DOT drug test is appealable to the National Transportation Safety Board. When appealing a failed, DOT drug test revocation, there are numerous arguments that should be looked at, including proper collection, testing, employer reporting, and adherence to Part 40 (the DOT’s “handbook” for drug testing).

It is recommended that you retain a FAA defense attorney as soon as you learn of a failed DOT drug test. If you failed a DOT drug test, call your FAA defense attorney, The Pilot Lawyer, at The Ison Law Firm to discuss your options.

FAA Medical Application Deferred Due to A DUI

  • ON Jan 09, 2019
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  • BY Anthony Ison
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  • IN Pilot Law

Was your FAA medical application due to a DUI on your record? When a FAA medical application is deferred due to a DUI, your aviation medical examiner (“AME”) cannot issue you a medical “on the spot.” Instead, your AME has to send your file directly to the FAA (either your regional flight surgeon or the AMCD in Oklahoma City) to determine if you can be issued a medical certificate. Careful planning prior to submitting a medical application to the FAA can sometimes prevent your FAA medical application from being deferred due to a DUI. In other cases, however, a deferral cannot be avoided when you have a DUI on your record.

If during your DUI event you had a BAC of below 0.15%, by providing detailed information about the DUI to the AME, you may be able to prevent a deferral to the FAA. In cases where your BAC was above 0.15%, your medical application will almost always be deferred to the FAA. Additionally, if you have had more than one DUI in your lifetime, your medical application is going to be deferred to the FAA. Nevertheless, in these cases, with proper documentation, attention to detail, and carefully following FAA policy, a FAA medical certificate or “special issuance” authorization can still be obtained. It is important to know that if your FAA medical application was deferred due to a DUI, you still have options to establish your eligibility for medical certification.

If you think your FAA medical application is going to be deferred due to a DUI or if your FAA medical application was deferred due to a DUI, call the FAA defense attorney at The Ison Law Firm to discuss a plan to avoid or fight the deferral.

*The Ison Law Firm does not provide medical advice, but counsels clients on FAA policies.