Can the FAA deny a medical that has expired?

H

Hazel4

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I have been going back an forth with the FAA about a migraine I had over a year ago for over 6 months. Though I was diagnosed with a migraine with aura, I have come to the realization that the FAA has treated it as a retinal/ocular migraine. They requested a full neurological report (which was extremely expensive) and are now asking for MRIs, which I simply cannot afford. I don’t fly often and even though this inquiry was about my March 2022 medical it is about to expire at the end of this month (I am on an SI that isn’t valid for more than a year).

Since I can’t afford any of the additional exams they are requesting can I just not respond to the request and let the medical lapse? I don’t see how they can deny a medical after it has already expired. I don’t fly currently either, I just want to make sure I won’t be getting a denial after the medical has expired from the FAA for not responding to their request.
 
I'm no expert and reserve the right to edit/remove this post later, but here goes.............

The FAA does not deny medical certificates; they revoke them. And they cannot revoke an expired medical certificate.

The FAA can (and does), however, deny medical applications. Those do not expire. If the inquiry into your migraines is related to a medical application, then it does not matter where you stand with your current (or expired) medical certificate. The FAA will issue a decision on the matter.
 
Did you start the process for a new medical? If so, the FAA will rule on the issuance. And if they deny it, you are screwed.

If you did not start the process (MedExpress see an AME), then go Basic Med or Light Sport.
 
So essentially I have to respond? And if I do not they will deny my application? I am in a bind then because I simply cannot afford what they are requesting.

KeepWatch said:
I'm no expert and reserve the right to edit/remove this post later, but here goes.............

The FAA does not deny medical certificates; they revoke them. And they cannot revoke an expired medical certificate.

The FAA can (and does), however, deny medical applications. Those do not expire. If the inquiry into your migraines is related to a medical application, then it does not matter where you stand with your current (or expired) medical certificate. The FAA will issue a decision on the matter.
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I did, in March 2022. Then they came back in October requesting info about the migraine that was in a HIMS psych report that i sent them in July.

Pinecone said:
Did you start the process for a new medical? If so, the FAA will rule on the issuance. And if they deny it, you are screwed.

If you did not start the process (MedExpress see an AME), then go Basic Med or Light Sport.
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Since the FAA can and does revoke a medical or pilot certificate that has been surrendered, they will revoke a certificate that is expired.
 
Clip4 said:
Since the FAA can and does revoke a medical or pilot certificate that has been surrendered, they will revoke a certificate that is expired.
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This doesn't even make sense.

An expired medical certificate is no longer a certificate. As long as you did not start an application for renewal of said certificate, there is nothing to revoke once the certificate expires (I assume it expires March 31st?). So long as they don't revoke it before the expiry date...
 
Jon Wilder said:
This doesn't even make sense.

An expired medical certificate is no longer a certificate. As long as you did not start an application for renewal of said certificate, there is nothing to revoke once the certificate expires (I assume it expires March 31st?). So long as they don't revoke it before the expiry date...
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You missed the part where a renew has started. See post 5. Three above yours.
 
Clip4 said:
Since the FAA can and does revoke a medical or pilot certificate that has been surrendered, they will revoke a certificate that is expired.
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A surrender does not terminate an airman certificate. If you look at 61.27 you'll see that it's basically an offer to have the FAA do something with it. Nothing requires the FAA to accept the offer. The most common reason for refusing a surrender for cancellation is to revoke or suspend it.

"Expired" OTOH, means it's gone and there is nothing to revoke. And nothing to ask for information about. That's why I mentioned the need to see the actual paperwork. Sounds like a pending application, not action in an already expired certificate.
 
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midlifeflyer said:
A surrender does not terminate an airman certificate. If you look at 61.27 you'll see that it's basically an offer to have the FAA do something with it. Nothing requires the FAA to accept the offer. The most common reason for refusing a surrender for cancellation is to revoke or suspend it.

"Expired" OTOH, means it's gone and there is nothing to revoke. And nothing to ask for information about. That's why I mentioned the need to see the actual paperwork. Sounds like a pending application, not action in an already expired certificate.
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...and if you have time left on an exam, say you got an SI but the underlying exam has standing for the second year, and something is recieved on your file, the agency interprets that as reappication.

Our resident FAA guy sez that shouldn't happen, but it keeps happening. Now if it were > 2 years since your medical was done, that wouldn't happen until you formally reapplied.

So yeah, you have to respond and if you don't you get denied.
You need to revoke all permissions from your healthcare providers to send your records anyplace. There is always a helpful hanna in back who does not "get it", sends it off, and starts the cascade.
 
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Clip4 said:
Since the FAA can and does revoke a medical or pilot certificate that has been surrendered, they will revoke a certificate that is expired.
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FALSE! i had a medical expire and asked for a determination, they stated they can not make a decision without a current medical
 
Clip4 said:
A determination about what?
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a determination of eligibility , I was requested to provide info or I would be denied . I gathered the info but medical was set to expire . The FAA claimed that they have no jurisdiction over someone who does not have a medical . Hence the question of this entire post , they can’t deny or take a medical if you do not have one
 
Maverick007 said:
FALSE! i had a medical expire and asked for a determination, they stated they can not make a decision without a current medical
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@Clip4 used the word surrender; you are using the word expired. For an FAA medical, those words have two entirely different meanings.
 
TCABM said:
96247ded57143fef78d618ce5d1f018f.jpg


@Clip4 used the word surrender; you are using the word expired. For an FAA medical, those words have two entirely different meanings.
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yes but read the original question at top . Can they deny a medical that has expired ? No they can’t
 
Maverick007 said:
yes but read the original question at top . Can they deny a medical that has expired ? No they can’t
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I did, which is why I pointed out y’all were talking about two different things happening to a medical.
 
bbchien said:
...and if you have time left on an exam, say you got an SI but the underlying exam has standing for the second year, and something is recieved on your file, the agency interprets that as reappication.
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So if a 40 yr old airman applies and is issued a SI time limited for 1 year, his application is still open for the 2nd year even though the SI certificate expired? Does that mean he can get the certificate renewed without another MedXpress application?
 
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