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Old 06-25-2023 | 12:23 PM
  #11  
WhisperJet
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Originally Posted by JohnBurke
Hardly.

If you're happy to collect benefits for a disability, then you do owe the FAA an explanation and documentation as to how you can have that disability and yet still qualify for an FAA medical.

It has nothing to do with gratitude or service. One is not entitled to a medical certificate; like a pilot certificate, it is a privilege. Not a right. It is based on meeting minimum standards. Either you meet them, or you do not. You don't get to substitute paid government service for medical qualification. You must be medically qualified.

If you accept money for disability, you may be medically qualified, or you may not. The fact that you're taking money for a disability does merit explanation of that disability on the FAA medical, and in fact, you have a legal obligation to provide it. End of story.

If you do have a disability that precludes holding a medical certificate (or obtaining a waiver to do so), then prior paid military service does not change the fact. Again, either you're qualified to hold the medical certificate, or you're not. If you're collecting paid benefits and claiming a disability, and you can meet FAA medical standards, then no problem. Disclose your condition, provide the documentation, and move forward. If you are not able to meet FAA medical standards, denial of a medical certificate has nothing whatsoever to do with gratitude. You're not above the regulation. You're not exempt from it. You're not any different than anyone else that applies for that medical certificate. You meet the standard, or you do not. If you do not, you can seek a waiver. If you cannot obtain a waiver and cannot meet the medical standards then you cannot hold a medical certificate.

Don't try to pretend it's anything different.

Having covered that; for those receiving a letter of investigation, it's important to understand that this is a legal document and should be treated accordingly. The purpose of a LOI is not to seek information in order to aid or assist an airman. Any response provided serves one purpose: to serve against the airman. One should not respond to an LOI, regardless of whether it involves a regulatory infraction in operations, or a medical certificate question, without consulting an attorney. That bears repeating: consult an attorney. Do that. Before you respond in any way. Additionally, seek the support of a medical service which provides counseling and support for airmen, in matters dealing with the FAA.This cannot be stressed enough, particularly given that every action taken becomes a part of your permanent, lifetime record.

Do NOT provide a response to an inquiry or letter of investigation until you have contacted an attorney.

If you are not familiar with administrative law and your "rights" with the FAA, you need to understand that you are NOT innocent until proven guilty, anything you say can and absolutely will be held against you, and much of the time, what serves as primary evidence is what the airman has provided to the FAA. This is true of responding to a request about action or a simple enquiry (the moment you respond "I wasn't flying that low," what you've really done is made a legal statement that you were the pilot of the flight...something that the FAA might have been unable to establish until you kindly provided that legal statement to use against you).

Respond under the guidance of legal counsel. Don't respond without it.
In my opinion this is almost as much about a financial investigation as it is a medical one. The US government does not like being defrauded so if someone’s getting money for a disability it’s low hanging fruit to see if it is a legit claim. The FAA medical form makes this an incredibly easy task for them.
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