Appealing a denied FAA Medical - Any Class

[AmericanaCrystal]

Hey there! Was curious is anybody has ever gone through the process of appealing a denied medical. Can you explain the process, how hard is it? How much time and money was put into it? What are the chances of getting it approved?

 

[Mongoose Aviator]

I would think this is where the details could be highly relevant.

 

[AmericanaCrystal]

I would think this is where the details could be highly relevant.

I am epileptic. Aiming for 1st class medical. I am aware of some of the requirements such as 10 years seizure free and last 3 off of medications. I am 3 years free and still on meds, but I am only 16 and I plan on going to college for aerospace since I have time to kill (As well as a backup plan).

 

[Kelvin]

Has your medical been denied?

 

[AmericanaCrystal]

Has your medical been denied?

No, I haven't applied for one. I assumed I would be denied a medical since having a history of epilepsy means you'll be barred.

 

[George S]

The FAA calls it asking for “reconsideration”. It will go to a different reviewer at the agency and they will hopefully make a different recommendation than what the other person did resulting in your denial. You can hire an attorney or write the reconsideration letter yourself but you have a limited amount of time from when you received the denial. Any questions message me. But if you have epilepsy then there’s no reason you should even apply for a medical because you will absolutely be denied and be kicked out of sport pilot.

 

[bbchien]

Wait. you said "no I have not applied for one". how can you appeal that for which you have not applied?

The FAA's standard is the standard. There is Zero point to applying without both Ten years documented seizure free and the last 3 off meds.
And be careful about the documentation- when you move out there will be nobody to tesitfy as to your "seizure free" at night....You would NOT be aware of a seizure that occured in your sleep....

 

[Jon Wilder]

Wait. you said "no I have not applied for one". how can you appeal that for which you have not applied?

The FAA's standard is the standard. There is Zero point to applying without both Ten years documented seizure free and the last 3 off meds.
And be careful about the documentation- when you move out there will be nobody to tesitfy as to your "seizure free" at night....You would NOT be aware of a seizure that occured in your sleep....

It appears to me that he's just trying to cover his bases of "what ifs" so he can prepare for when he does apply.

 

[midlifeflyer]

A true appeal of a denial is a process that involves filing an appeal with the NTSB. This is a complex process with procedural rules, similar to the rules of procedure used in federal courts. You can read through those here. The ALJ will strictly apply them and so will the full NTSB if you don't like the ALJ'S decision and appeal that before heading into the federal court system. If that sounds daunting, it is.

Plus, since you have already provided everything the FAA has asked for or decided you shouldn't have to, you are effectively making a claim that the FAA applied its standards incorrectly or that the FAA's standards are wrong. That means retaining a lawyer who knows how the system works and retaining medical experts to prove the FAA is wrong. That's an expensive proposition in forums and rules and a philosophy that tend to favor the FAA.

I've handled one of those and finally convinced my client he was throwing good money after bad.

As a general proposition, you are far better off retaining an aviation medical expert at the beginning to review your records, let you know your chances, put you in the best position for success and avoid changing a medical issue into a legal one.

 

[dbahn]

And be careful about the documentation- when you move out there will be nobody to tesitfy as to your "seizure free" at night....You would NOT be aware of a seizure that occured in your sleep....

Rats. There go your night flying privileges.

 

[Dana]

I am aware of some of the requirements such as 10 years seizure free and last 3 off of medications. I am 3 years free and still on meds

So you need to wait and be seizure free while pursuing your backup plan for another 7 years and go off your meds within the next 4 years, then apply. They're not going to relax their standards just because you want them to.

 

[WDD]

First, smart to ask these questions while still planning your potential career options.

- I understand that you haven't applied, but you're asking essentially what are the chances that an epileptic 10 years free of seizures and off medication for 3 years would actually be able to provide the documentation to the satisfaction of the FAA and that the FAA would give you a 1st class.

- And then your next question should be would any airline hire me.

- Then ask what would be the expected stability of your airline pilot career - given that if say 5-10 years after you get your 1st class you have a seizure. You're essentially out of a career and have to restart your professional life in your middle 30's.

Our resident experts can jump in with opinions on these questions. My gut feel is if I was your uncle or friendly neighbor giving advice, I would advise something besides being an airline pilot.

 

[flyingron]

And if you don't meet the standards, appealing will fail. The only chance appeals have is if you DO meet the standards and for some reason they've not been applied properly. People have tried challenging the FAA that the standards are wrong and those always fail both at the appeals level and in federal court. The law gives the FAA pretty unchallengable authority to decide what the standards should be.

 

[Lindberg]

Wait. you said "no I have not applied for one". how can you appeal that for which you have not applied?

It's called being a test case. You plan on losing the first round but winning down the line. You don't take the first shot until you've figured out how you're going to win later.

It doesn't seem like a good idea in this situation though, unless the OP cares more about challenging the FAA's standards than about flying.

 

[dbahn]

People have tried challenging the FAA that the standards are wrong and those always fail both at the appeals level and in federal court. The law gives the FAA pretty unchallengable authority to decide what the standards should b

Epilepsy is tough. It's more of a symptom than a disease, because often the underlying brain abnormality is not known. How do you determine risk in that case, i.e. how do you appeal standards without knowing exactly what to consider in formulating them?