Representation for Aeromedical Concerns
Whether you are a seasoned airman or applying for medical certification with the Federal Aviation Administration (FAA) for the first time, The Ison Law Firm is here to help those experiencing difficulties with establishing eligibility for medical certification with the FAA.
Frequently, potential clients ask us why they should hire a lawyer instead of a doctor to help establish medical eligibility with the FAA. The FAA’s medical certification process is, first and foremost, a legal process secondary to a medical process. After all, if not for the Federal Aviation Regulations, there would be no legal requirement for airmen to hold medical certification with the FAA and see an Aviation Medical Examiner (AME).
If an airman’s medical application is denied by the Federal Air Surgeon, then that airman will ultimately have the option to appeal the Federal Air Surgeon’s final denial to the National Transportation Safety Board (NTSB). At the NTSB level, 49 U.S. Code § 44703 requires the airman to prove by a preponderance of the evidence that the FAA erroneously denied the airman’s application for an airman medical certificate. In this setting, the airman must present evidence before the NTSB in accordance with the Federal Rules of Evidence. To that end, the litigation process leading up to the hearing will require the airman to understand the various Federal Rules of Civil Procedure as the airman engages in the discovery process with the Administrator.
To further illustrate our point, most applicants fail to realize that any statement made to a non-lawyer advocate (such as an AME or other aeromedical advisory service) does not have the same protections commonly afforded to the attorney-client privilege. In other words, statements made to non-lawyers representatives in the medical certification process can later become used as evidence to support the FAA position in a petition for review of the denial of the applicant’s medical certificate before the NTSB.
The Ison Law Firm often advocates in support of airmen and individuals seeking medical certification with the FAA that may have disqualifying eye, ear, nose, and throat equilibrium, mental, cardiovascular, neurologic, medication prescriptions, or other medical conditions (link to General Medical Conditions).
If you have a disqualifying medical condition, have had your medical application deferred by your Aviation Medical Examiner (AME), or have been denied medical certification by the FAA, call The Pilot Lawyers at The Ison Law Firm today. We provide worldwide representation to airmen and individuals seeking medical certification with the FAA.