False Accusations

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Someone lied

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I have a student with a first class medical who is in her solo cross country phase of training. She received a letter from FAA medical saying that they got a safety hotline tip claiming that she has debilitating back issues due to a car accident. We are pretty sure that the anonymous tip is fall-out from a bad divorce. She is gathering all of the records from the accident to send to the FAA.

Some of the records that they are requesting don’t exist, contrary to the anonymous tip she was never transported by EMS and was never hospitalized. I am pretty sure that the records that she is getting from her doctor will clear this up but how long should we expect to get a resolution from the FAA once they receive her records?

Is there anything that she can do to prevent future anonymous tips from disrupting her flying? Is there anything we can do to get the FAA to expedite the review of her records once they receive them?

i am not a Dr and didn’t even stay in a holiday inn express last night but I have seen this woman pull the plane out of the hangar and push it back in at the end of the flight with no problem. She also doesn’t complain about back issues after sitting in the plane during long flights. While she apparently did have a back injury there don’t appear to be any long term affects that cause issues with her flying a plane.
 
Not much she can do to prevent anonymous tips just ask @SixPapaCharlie . I would certainly have her speak with an aviation attorney who has experience in dealing with the FAA www.lpba.org has a list as does the AOPA Legal Services Plan which hopefully she joined. I would not assume anything will be ok with the FAA.
 
is her “ex” in the aviation field? most of the non flying public doesn’t know the hotline exists. her accident must have happened after her last Medical. the FAA asks for everything, its standard to ask for EMS records and hospital admission and discharge summaries, etc., even though the pilot didn’t interact with EMS services and was seen in the ER and released (not admitted). They are just casting a wide net. If she was treated and released the ER records will show she came by private vehicle and was discharged after her evaluation. if she saw her PCP for follow up, those records should show she has no significant symptoms or pain. It really shouldn’t be a big deal. I would have her collect everything they asked for, if a requested document doesn’t exist, then she can just say so. maybe have her AME look the reports over before they are sent “just in case” there’s an error or an unexpected red flag. I don’t see her needing to spend money on an atty at this stage unless there‘s more to the story. It sounds pretty straight forward.

one of my Captains for a major was reported for being a drug addict and using alcohol, cocaine and meth. he‘s drug tested regularly by his employer, never been a glitch. FAA asked for drug screen within a certain amount of time which he did, it was negative and he got the letter saying everything’s ok, the investigation is closed. he’s going thru a nasty divorce / custody deal / property dispute - he’s convinced his ex, who is a FA with a different airline, set this all in motion. which seems odd, since if you’re trying to get more money from someone, the last thing you’d want to do is cause them to lose their well paying job
 
Be sure she never received any sort of disability payments or court settlement for injuries.
 
PaulS said:
Fricken dirtbag.
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Worse than that. I think it qualifies as slander, since the statements are knowingly false and damaging. It might even be considered defamation. Either way, I hope she can get it cleared up quickly from a medical standpoint (which I suspect she can if it's truly fictitious) and then take action against the husband (or ex-husband however it worked out) to be compensated for his malicious actions in the divorce proceedings. Go girl! I understand why men want to do that, but it's out of bounds.

Did they issue the medical and then subsequently ask for more documentation? If there are records anywhere relating to the accident, she should just assume that eventually the FAA will have access to them.
 
I am not a flight doctor but deal with low back issues in my regular job. It would seem to me that the first person to go to would be the AME that cleared her for a first class medical and get their assistance and recommendations. Anyone with a debilitating back problem is not going to be able to hide that as there will be a paper trail of physical therapy, chiropractic , medications, doctors visits, procedures, radiological studies, etc.
 
Someone lied said:
We are pretty sure that the anonymous tip is fall-out from a bad divorce.
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Someone lied said:
Is there anything that she can do to prevent future anonymous tips from disrupting her flying?
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She should speak to her divorce lawyer about an order prohibiting the ex from making false statements to any third party about her.
 
craig d said:
is her “ex” in the aviation field? most of the non flying public doesn’t know the hotline exists. her accident must have happened after her last Medical. the FAA asks for everything, its standard to ask for EMS records and hospital admission and discharge summaries, etc., even though the pilot didn’t interact with EMS services and was seen in the ER and released (not admitted). They are just casting a wide net. If she was treated and released the ER records will show she came by private vehicle and was discharged after her evaluation. if she saw her PCP for follow up, those records should show she has no significant symptoms or pain. It really shouldn’t be a big deal. I would have her collect everything they asked for, if a requested document doesn’t exist, then she can just say so. maybe have her AME look the reports over before they are sent “just in case” there’s an error or an unexpected red flag. I don’t see her needing to spend money on an atty at this stage unless there‘s more to the story. It sounds pretty straight forward.
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Yes, the ex is a professional pilot. The accident didn’t happen after her medical, it happened more than 3 years prior to the medical. The only place on the form that it might have been reportable was item 18 u “Admission to Hospital” (she never was) or 18 x “Other illness, disability, or surgery” (it was an injury, not an illness. She isn’t disabled and didn’t have surgery)

I believe that the records that she has from her PCP answer all of the questions, he was the one who treated her, not an ER. As far as I know she never misled the FAA or her AME about anything and I don’t see why she would have a reason to because she doesn’t appear to be disabled. At this point I’m just trying to help her negotiate the roadblock and if possible help her prevent having to waste time proving any future allegations are untrue.
 
Lindberg said:
She should speak to her divorce lawyer about an order prohibiting the ex from making false statements to any third party about her.
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Anonymous reporting so there’s no way to prove it. Shortly after my daughter’s divorce was finalized, she got a visit from CPS after an “anonymous” tip alleging she was drinking heavily, using drugs, and leaving the kids alone while she was out in bars. Zero percent true, but coincidentally the same reason her ex doesn’t have the kids any more than he does.

Gee. Wonder where that hot tip came from… but no way to prove anything.
 
DaleB said:
Anonymous reporting so there’s no way to prove it. Shortly after my daughter’s divorce was finalized, she got a visit from CPS after an “anonymous” tip alleging she was drinking heavily, using drugs, and leaving the kids alone while she was out in bars. Zero percent true, but coincidentally the same reason her ex doesn’t have the kids any more than he does.

Gee. Wonder where that hot tip came from… but no way to prove anything.
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Likely not really necessary to prove it.
 
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MountainDude said:
Wish AOPA would protect pilots by getting rid of this system. Having to prove innocence is ridiculous.
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While I agree that such a system of having to spend your money to disprove what appears to be nothing more than unsubstantiated slander is preposterous and must be eliminated, asking AOPA to protect pilots by weighing in on this isn't something I see them getting involved in ... but they might use it in asking you for your support ...
 
I know money might be an impediment, but hiring a PI to determine the ex is the source of the tip might bear fruit. The type of person that tries to upend another's life is also one likely to brag about doing do.

There might be someone in his orbit that has knowledge of the deed, has enough integrity to be disgusted by it, and willing to say so in the right circumstances. Because of the many fine people I have interacted with in aviation, I can picture a fellow professional pilot being that person.

I think it would be worth attempting, because the ex will likely continue to harass the woman.

Lastly, my observations and personal history have determined people that do such things are narcissistic aholes with sociopathic leanings. It's another reason he should be investigated.
 
If it was an anonymous phone call, there will be phone records.

Or fight fire with fire if there's zero repercussions about lying on the anonymous tip line.
 
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EdFred said:
Or fight fire with fire if there's zero repercussions about lying on the anonymous tip line.
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that’s more like fighting fire with gasoline.

It may take a while, but eventually most of these people realize they have better things to do with their lives.
 
MauleSkinner said:
that’s more like fighting fire with gasoline.

It may take a while, but eventually most of these people realize they have better things to do with their lives.
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Yeah but if the original accuser is a 121 guy, the hell that could be made of his life with a series of phone calls that sends him down a HIMS path...
 
EdFred said:
Yeah but if the original accuser is a 121 guy, the hell that could be made of his life with a series of phone calls that sends him down a HIMS path...
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I don’t agree with retaliation, but this would be the last reason I would have for not doing it.
 
EdFred said:
Yeah but if the original accuser is a 121 guy, the hell that could be made of his life with a series of phone calls that sends him down a HIMS path...
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I agree with retaliation for such a despicable act, but I wouldn't try to put the ex out of a job. The OP should try to garnish some of the wages from that job.
 
Someone lied said:
… She isn’t disabled…

….she doesn’t appear to be disabled...
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Q18 is very clear. “have you ever in your life…”. An overlooked item re: disability reporting is receipt of short term disability(STD) benefits from an employer for recovery due to medical reasons.

If her treating physician gave her a note to miss work and her employer required filing of an STD claim for the time off work and that claim was approved then that would have been reportable under 18.x. Those types of reportable items are usually no problem at all for the FAA medical.
 
TCABM said:
Q18 is very clear. “have you ever in your life…”. An overlooked item re: disability reporting is receipt of short term disability(STD) benefits from an employer for recovery due to medical reasons.

If her treating physician gave her a note to miss work and her employer required filing of an STD claim for the time off work and that claim was approved then that would have been reportable under 18.x. Those types of reportable items are usually no problem at all for the FAA medical.
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That’s why I asked the question in post #5, but I haven’t seen an answer yet.
 
Salty said:
I don’t agree with retaliation, but this would be the last reason I would have for not doing it.
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dbahn said:
I agree with retaliation for such a despicable act, but I wouldn't try to put the ex out of a job. The OP should try to garnish some of the wages from that job.
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Oh, I'm not sayin' it's the *right* thing to do, I'm just sayin'.
 
Half Fast said:
That’s why I asked the question in post #5, but I haven’t seen an answer yet.
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Where's the question?
 
Half Fast said:
Sigh. Didn’t realize we were playing Jeopardy. I’ll phrase more carefully next time.
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Lol. You wrote that you asked a question and were waiting on an answer, but your post contained only a statement. So I guess you're the one playing Jeopardy. ;)
 
Status update
After my student submitted all of the paperwork that the FAA requested they suspended her license for “falsification” and forwarded her case to legal for further action. She was given 10 days to submit any information that she wanted considered. She was also given the option to used the FAA’s prompt settlement policy to possibly get a shorter revocation of her certificates (basically plead guilty and cut a deal).

she chose not to take the deal and to submit a statement. Although I still felt that my student had not lied on her medical and definitely didn’t intentionally falsify anything I was sure that she would get hammered by the bureaucracy. Today she got a letter back from the FAA with the outcome of legal’s investigation. She was cleared and had her medical reinstated.

Along with the clearance letter she did receive some written instructions on how the FAA wants her to fill out the paperwork when she has to renew her medical. One of the line items stated that she is to check “yes” on the question about hospital admissions. This doesn’t make sense since her records clearly show that not only was she never admitted to the hospital but she was never treated there at all. The only treatment that she ever received after the car accident was from a chiropractor. That is what led to her “falsification” on her medical application. When she got to the question about medical visits in the last 3 years the instructions said to include any visits to a physician, physician assistant, nurse practitioner, psychologist, clinical social worker, or substance abuse specialist for treatment, examination, or medical/mental evaluation. She did not consider the chiropractor to be a physician.
 
Someone lied said:
When she got to the question about medical visits in the last 3 years the instructions said to include any visits to a physician, physician assistant, nurse practitioner, psychologist, clinical social worker, or substance abuse specialist for treatment, examination, or medical/mental evaluation. She did not consider the chiropractor to be a physician.
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Brutal handling of this whole thing by the FAA.

I'm guessing that they justified their actions by the use the modifier "such as" preceding examples of health care providers. That follows the title of the Section 19 to state ANY health care professionals.

With nit-pickers like this involved in aero-medical processing, it's no wonder that people who have the option to use Basic Med readily do so.
 
Half Fast said:
Be sure she never received any sort of disability payments or court settlement for injuries.
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Bingo! I suspect this may be part of the problem. If she filed a lawsuit the claims she made might be an issue. It’s even possible that the person sued somehow found out she is flying. Perhaps the ex notified them or the attorney involved and mentioned the FAA hotline.
 
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cowman said:
It absolutely floors me that any person can just call up the FAA, make a claim with no proof whatsoever, and the FAA will force a pilot to disprove it on their own dime.
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This is the fallacy of any so-called "red flag" systems. Well-intentioned but easily abused. Sadly, the agency tends to believe the accuser more than the subject...and in this case found a way to make it the victim's fault.
 
Someone lied said:
Along with the clearance letter she did receive some written instructions on how the FAA wants her to fill out the paperwork when she has to renew her medical. One of the line items stated that she is to check “yes” on the question about hospital admissions. This doesn’t make sense since her records clearly show that not only was she never admitted to the hospital but she was never treated there at all.
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Well isn't that classic "blame the victim" and let the perp off!
The instigator needs to be drawn and quartered! Or at least a formal complaint to his chief pilot explaining the circumstances - and really, who else could be a reasonable suspect for this crime, yes CRIME.
 
KE5BM said:
This is the fallacy of any so-called "red flag" systems. Well-intentioned but easily abused. Sadly, the agency tends to believe the accuser more than the subject...and in this case found a way to make it the victim's fault.
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This is the case for most professionals in my state. We not only have a hotline where anyone can - (for FREE, submit a bogus complaint ANYTIME from ANYWHERE, with NO EVIDENCE WHATSOEVER, if for the slightest reason they get pizzed off during our interaction OR IF THEY HEAR ABOUT SOMETHING even online and they are not even involved!) - but also we must post this information prominently in the office.
And it is abused and abused and abused.
Bogus complainants making life hell (it can take 3 years to have a complaint cleared) not to mention the costs (thousands in legal expenses, thousands in days off to meet with attorneys or attend hearings). All drawing our efforts away from our primary task which results in harming the public.
Professionals have taken their lives over this.
 
Everyone should have the right to confront his or her accusers; anonymous tips should be ignored.
 
Kenny Phillips said:
Many bad things would never be resolved if authorities ignored such tips.
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Perhaps, but I would hope that anonymous tips are only being used as reason to investigate, not as evidence in and of themselves.
 
An anonymous tip should not cause any action against someone, stop, or even slow down anything the target is doing until there is actual evidence. That is the problem I have with this situation.
 
Kenny Phillips said:
Many bad things would never be resolved if authorities ignored such tips.
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If the things are so bad, the accusers should be willing to step forward. As it is, many bad things happen because anonymous tips are considered incontrovertible evidence.
 
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