Soda/Medical Flight test

[Blackstar9]

Hi, I am a student pilot. I took my class 3 medical a couple of months ago and was denied because of vision. I showed up with my form from the eye doc and knew i would be denied. My AME said a letter from the CFI should clear me. I am 20/20 overall, but 20/50 in one eye with correction. I had a letter from the flight surgeon stating I need a SODA. My question is can i appeal this with an aviation lawyer. The problem i am running into is that i live 2hrs from a major city with a FSDO. Most of the FBOs i have called to rent a plane for the test tell me that i will have to conduct at least ten hours with them before they sign off on me as a PIC for an FAA inspector to give me the SODA flight test. I have about 20 hrs in now as a student pilot. I am ready to solo, but just need the medical to be cleared. any advice?

 

[AggieMike88]

any advice?

Well.... one of the bits of really good advice I would usually offer I'm not able to do so since that horse already left the barn.

That being "don't present yourself to a FAA medical examination unless you know you can pass." Even if it means deferment while the reviewers in OKC confirm what the applicant and AME already know: That you are good to go, but your medical history requires the levels above the AME to do the approval.

That you went in knowing (as you wrote your post) that you were going to be denied..... well, that really got you started off on your back foot.

The rest of your question about how to obtain guidance on obtaining your medical, myself and the others here on POA need to defer to our two resident AME's, Dr. Lou Fowler and Dr. Bruce Chien. @lbfjrmd @bbchien

Those two can provide the proper course of action needed. Everyone else are just well meaning SGOTI's.

_____________________________________

When you say you want to appeal, I'm not clear on what item you think you need an aviation lawyer for. Are you wanting to "fight" the denial as a whole? Or the requirement that the FAA instructed you to do a SODA ride?

To me, the letter you got about the SODA flight is a good strong hint at what activities you need to do, and do successfully, to greatly increase your chances to obtain a flight medical. So why fight that?

______________________________________

Regarding your dilemma of sourcing an aircraft for the SODA ride.... Why not do the following?

Talk to your CFI about "skipping" the solo flight for the moment and moving on to the Dual Cross Country phase of training. In advance, work out the details with the flight school and your CFI to take your SODA ride and work out with the FSDO inspector that he will be PIC during the SODA flight. Then (1) make the flight to the FSDO city one of the destinations for the cross country flight and go there; (2) do the SODA flight in the aircraft you are already renting and familiar with; then (3) return to home base.

2 hour drive one way by car means at least 100-120nm by airplane. Add in landing at the additional airport on the way home and you filled in several checkboxes on a single training day.

 

[bbchien]

Well.... one of the bits of really good advice I would usually offer I'm not able to do so since that horse already left the barn.

That being "don't present yourself to a FAA medical examination unless you know you can pass." Even if it means deferment while the reviewers in OKC confirm what the applicant and AME already know: That you are good to do, but your medical history requires the levels above the AME to do the approval.

That you went in knowing (as you wrote your post) that you were going to be denied..... well, that really got you started off on your back foot.

The rest of your question about how to obtain guidance on obtaining your medical, myself and the others here on POA need to defer to our two resident AME's, Dr. Lou Fowler and Dr. Bruce Chien. @lbfjrmd @bbchien

Those two can provide the proper course of action needed. Everyone else are just well meaning SGOTI's.

_____________________________________

When you say you want to appeal, I'm not clear on what item you think you need an aviation lawyer for. Are you wanting to "fight" the denial as a whole? Or the requirement that the FAA instructed you to do a SODA ride?

To me, the letter you got about the SODA flight is a good strong hint at what activities you need to do, and do successfully, to greatly increase your chances to obtain a flight medical. So why fight that?

______________________________________

Regarding your dilemma of sourcing an aircraft for the SODA ride.... Why not do the following?

Talk to your CFI about "skipping" the solo flight for the moment and moving on to the Dual Cross Country phase of training. In advance, work out the details with the flight school and your CFI to take your SODA ride and work out with the FSDO inspector that he will be PIC during the SODA flight. Then (1) make the flight to the FSDO city one of the destinations for the cross country flight and go there; (2) do the SODA flight in the aircraft you are already renting and familiar with; then (3) return to home base.

2 hour drive one way by car means at least 100-120nm by airplane. Add in landing at the additional airport on the way home and you filled in several checkboxes on a single training day.

Nobody ever said aviation was inexpensive...sigh

 

[RJM62]

Regarding your dilemma of sourcing an aircraft for the SODA ride.... Why not do the following?

Talk to your CFI about "skipping" the solo flight for the moment and moving on to the Dual Cross Country phase of training. In advance, work out the details with the flight school and your CFI to take your SODA ride and work out with the FSDO inspector that he will be PIC during the SODA flight. Then (1) make the flight to the FSDO city one of the destinations for the cross country flight and go there; (2) do the SODA flight in the aircraft you are already renting and familiar with; then (3) return to home base.

2 hour drive one way by car means at least 100-120nm by airplane. Add in landing at the additional airport on the way home and you filled in several checkboxes on a single training day.

This seems like the easiest and most sensible solution to me.

Another option might be to ask the FSDO examiner if they ever get around to your home drome, and if so, ask to be notified when he / she has some other reason to make the trip. It's a long shot, but longer shots have sometimes worked out.

Rich

 

[Rgbeard]

you want to spend hours and dollars with an attorney to avoid a 2-hour drive/flight?

Ummmm. Okay.

 

[flyingron]

you want to spend hours and dollars with an attorney to avoid a 2-hour drive/flight?

Ummmm. Okay.

He'll still need to make the flight after he spends the money on the attorney. Lawyering up when you don't meet the FAA criteria is not going to be a winning proposition.

 

[AggieMike88]

He'll still need to make the flight after he spends the money on the attorney. Lawyering up when you don't meet the FAA criteria is not going to be a winning proposition.

.... more of a whining one

 

[James331]

*administrative law

ggggluck with that unless you happen to be a senator or something



are you confident you can pass the ride? if so id just nut up and do it

otherwise do what you need to to make yourself ready, or there is still gliders, or LSA/basic maybe depending on how that letter was worded?

 

[GRRR]

The fact that the FAA has extended you the option of a SODA is a positive gesture and not one they give anyone. Trying to “fight” them to try and have them issue you an unrestricted medical is a lose lose in my opinion and you will only **** off DC or AMCD by doing that. I would heed @AggieMike88 advice above and try and find the best solution to reduce the cost of the SODA ride.

 

[ELee3]

I had to do a SODA ride for monocular vision. Wasn’t a big deal. The worst part was getting coordinated with the FSDO, because they were very busy. I ended up meeting them at an airport that they were having to visit for another reason. Flew there with my instructor and got some cross country hours while I was at it. It is very important that the plane you bring is up to date on everything. They looked through the log books and inspected the plane. Luckily, my flight school runs a tight ship.

 

[Lindberg]

Talk to your CFI about "skipping" the solo flight for the moment and moving on to the Dual Cross Country phase of training. In advance, work out the details with the flight school and your CFI to take your SODA ride and work out with the FSDO inspector that he will be PIC during the SODA flight.

The inspector has to be PIC for the SODA flight because the OP is a student and can't carry passengers, and isn't medically qualified. But yeah, flying to the FSDO with CFI seems like the best plan.

 

[Blackstar9]

I talked with an ASI for an upcoming test. I am a student pilot. Just waiting on the the soda to solo, about 20hrs of flight time. The ASI seem to imply that he was going to rate me like a DPE. I was under he was supposed to just verify that I can fly and my vision was okay.

 

[PaulS]

I talked with an ASI for an upcoming test. I am a student pilot. Just waiting on the the soda to solo, about 20hrs of flight time. The ASI seem to imply that he was going to rate me like a DPE. I was under he was supposed to just verify that I can fly and my vision was okay.

So you've been warned, talk to your CFI and make sure you are ready. I would want to be check ride ready in that case (except for solo requirements of course).

 

[Greg Bockelman]

I talked with an ASI for an upcoming test. I am a student pilot. Just waiting on the the soda to solo, about 20hrs of flight time. The ASI seem to imply that he was going to rate me like a DPE. I was under he was supposed to just verify that I can fly and my vision was okay.

Yeah, that seems a little extreme.