HIMS, SI, LSA

[Flypie]

10 months ago I voluntarily stopped flying and started the HIMS path toward a SI. My medical has never been revoked, suspended, or denied. My HIMS AME has performed a first class medical exam. I passed the first class medical however it was then deferred, pending the FAA approval process. The Doctor says I am good to fly but the FAA has to review my file and then issue a SI.
My question is, can I now excercise the privileges of a sport pilot while I wait for the tedious approval process? I realize that if my application is denied, that I would be excluded from all flying.
The way I am reading the rules is that I had a medical condition (disease) and I pulled myself from flying. Then I sought treatment and a doctors opinion and found fit to fly however I don't have a medical so I would only be able to excercise sport pilot privileges.??

 

[bbchien]

Although the agency views any medical that has not been issued as a denial until it has been resolved, my understanding is that has not been tested by case law. So it would be very hard for the agency to sustain that.

That changes if a denial letter is issued, or you are listed as "FTP information", e.g, denied for failure to provide information, which is pretty clearly a denial...."if we don not receive the information in 60 days.....we will have no choice but to deny the application....so a FTP is a denial if tested.

 

[Flypie]

Thanks guys. I am not sure if I want to be the "test" pilot for this? But if I can get FAA absolute assurance then I start LSA shopping.
They did send me a letter saying that, "as a result of your chemical dependency we find you disqualified to exercise the privileges of any class of medical at this time". So I had to look up the FAA definition of "disqualified". And they define it as a temporary condition such as an illness, that with the proper treatment can resume flying (basically). So since I have been discharged from all treatment plans and evaluated by therapists, psychiatrist, cognitive testing, and AME and "found safe to fly" I view it as being properly treated and can return to the cockpit. However I would not go so far as to start to excercise the privileges of my (still unexpired) medical. But I could operate LSA under the driver license rules. Where the LSA rules focus on operating an aircraft safely.
Is there a way to find an FAA opinion on this without "testing" it with lawyers

 

[bbchien]

Chemical dependency is a lifelong condition that can go into remission but the disease is still there. So you cannot say “oh, I don’t have it anymore and blithely go ahead. That is why recovering alcoholics always say “I am in recovery” even years after.

You are considered to still have it even in remission and so the legislation requires you reverse you denial B4 doin lighr sport. It requires that you win an SI. (FAA agrees its in remission) so you last interaction with FAA was an approval, not a denial.

Sorry you cannot wish this one away. Operate in you situation and expect the marshalls and legal emergency action bt the agency.

Your unexpired medical is invalId as substance dependency is one if the 15 published grounding conditions.

Sorry, no way to rationalize out of this one. The will also relieve you of ALL your pilot certificates.

Be patient and don’t F-up now

 

[Flypie]

Yep. Gonna just hang out and wait. Recovery is/has been my highest priority. I know that it may take a few years (or a few days) for the FAA to get to issuing me an SI but it will eventually come. I just don't understand why some get it back in 6 weeks and others it's much over 6 months (or years). Doesn't seem to have a common thread to why it takes longer for some than others.
Thanks for the help!