You are not medically cleared to operate an aircraft

[Fuzailkhan301]

Good evening,

I am currently in process of getting my 3rd class medical. I have a minor diagnosis of Autism, and I have already got my Neuropsychological evaluation done in April. As per the request from the FAA, they have received my evaluation report during the first week of July. A couple days ago in MedXPress it was showing that it is in final review, and now earlier this evening, I have signed into my MedXPress and I see that they have denied my certificate it says

"Review of your application is complete. You will receive correspondence with additional details via mail.

You are not medically cleared to operate an aircraft.

Under 14 CFR § 61.53, it is unlawful for the holder of a medical certificate to exercise such privileges if he/she has a known medical history or condition, which makes him/her unable to meet the physical requirements for that certificate."

I don't know what to do at this point, I have already gotten my evaluation done, or is something the FAA is asking for more documentation. I've sent them alot of things, a college professor's recommendation letter, A college transcript with a 4.0 GPA and a personal written statement. Can y'all guide me, is there any pilots here who has autism had to go through this process?

 

[GeorgeC]

Can y'all guide me, is there any pilots here who has autism had to go through this process?

Welcome to PoA, you may find these other threads helpful:
https://www.pilotsofamerica.com/community/search/search?keywords=autism&c[title_only]=1

 

[robin ardoin]

Good evening,

I am currently in process of getting my 3rd class medical. I have a minor diagnosis of Autism, and I have already got my Neuropsychological evaluation done in April. As per the request from the FAA, they have received my evaluation report during the first week of July. A couple days ago in MedXPress it was showing that it is in final review, and now earlier this evening, I have signed into my MedXPress and I see that they have denied my certificate it says

"Review of your application is complete. You will receive correspondence with additional details via mail.

You are not medically cleared to operate an aircraft.

Under 14 CFR § 61.53, it is unlawful for the holder of a medical certificate to exercise such privileges if he/she has a known medical history or condition, which makes him/her unable to meet the physical requirements for that certificate."

I don't know what to do at this point, I have already gotten my evaluation done, or is something the FAA is asking for more documentation. I've sent them alot of things, a college professor's recommendation letter, A college transcript with a 4.0 GPA and a personal written statement. Can y'all guide me, is there any pilots here who has autism had to go through this process?

You will get a letter detailing your options.

 

[Jon Wilder]

Good evening,

I am currently in process of getting my 3rd class medical. I have a minor diagnosis of Autism, and I have already got my Neuropsychological evaluation done in April. As per the request from the FAA, they have received my evaluation report during the first week of July. A couple days ago in MedXPress it was showing that it is in final review, and now earlier this evening, I have signed into my MedXPress and I see that they have denied my certificate it says

"Review of your application is complete. You will receive correspondence with additional details via mail.

You are not medically cleared to operate an aircraft.

Under 14 CFR § 61.53, it is unlawful for the holder of a medical certificate to exercise such privileges if he/she has a known medical history or condition, which makes him/her unable to meet the physical requirements for that certificate."

I don't know what to do at this point, I have already gotten my evaluation done, or is something the FAA is asking for more documentation. I've sent them alot of things, a college professor's recommendation letter, A college transcript with a 4.0 GPA and a personal written statement. Can y'all guide me, is there any pilots here who has autism had to go through this process?

If the FAA wanted more documentation or further testing, you would still be a deferred case, and would receive a letter requesting additional documentation and/or testing. MedXpress would change from "In Review" to "Information Needed" or something to that effect.

In your case, a certificate decision has been reached, and that decision is an actual "Denial". No further information or testing is necessary. They've made a decision based upon the previously submitted medical information.

They'll send you a formal letter indicating as such, along with the Pilots Bill of Rights, and that you have a right to appeal their decision with a NTSB Administrative Law Judge within 60 days, blah blah blah.

In that letter, the FAA may not simply posit their expertise as the determining factor, but must show the "why and wherefore" of what led to their final decision (Erwin v. FAA, US Court of Appeals for the DC Circuit). If their letter simply states they "have determined that you are not eligible under Part 67" without disclosure of the consideration given to the submitted medical evidence which led to this decision, you have an argument for the FAA acting "Arbitrary and Capricious" in their decision making process, of which the FAA is a repeat offender.