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Old 03-15-2024 | 06:13 PM
  #72  
JohnBurke
Disinterested Third Party
 
Joined: Jun 2012
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Originally Posted by Hotel Kilo
this isn't about meds, this isn't about any of that. This is guys, like my brother, who followed the rules, self disclosed, worked thru the SI process, provided ALL the information and yet are being asked for it again. This is not what happens to civilians. I'm a civilian, I have an SI, and I've never been asked for any records other than what is required to maintian my SI.
Again, you are wrong .

Your brother holds a special issuance. He is subject to a requirement to provide any and all information requested by the FAA at any time during the valid period of his special issuance. All airman, and all holders of special issuance are subject to this same requirement; the FAA issues the certificate, and the exemptions, and the FAA can take them away, re-examine them, or require more data. That is the FAA's perrogative.

Whether you have been asked for additional information is irrelevant, and poses no burden on the FAA; the FAA can and does ask whom it will, what it will, for its purposes, as the authority who has the responsibility to do so. You don't get to dictate what the FAA asks for. The FAA dictates; you provide. It's that simple.

This is not about military vs. civilian, and your brother does not hold a military special issuance. That's a FAA special issuance. Military, or civilian makes no difference. The FAA has requested documentation, and he will provide it, or may find himself without a special issuance or medical. Again, it's that simple.

Originally Posted by Hotel Kilo
There is no way the FAA can ask a civilian for their records. None.
Oh, there is, and the FAA does it all the time. You can refuse to provide data to the FAA. The FAA can also refuse to issue a medical certificate. Keep in mind that you do not have a right to a FAA airman medical certificate, nor to a pilot certificate.

Originally Posted by Hotel Kilo
Get wind of it? How? If you had a condition and kept it from your AME and never discussed it with anyone, there is no way the FAA could go on a fishing expedition to find you out. None (unless they filed for SS disability). So long as they continue to pass their class 1 no one is going to know anything. I'm not talking about getting in a major car wreck that requires hospitalization, cancer or other stuff. Just simple things that a mil person would require an SI for but undisclosed a civilian would never have to deal with.
You're going to have to explain this "military SI" thing. A "mil person" requires a special issuance, but a civilian doesn't? If a person has a condition which requires a special issuance, it doesn't matter if that person has a military background or not. That person has a legal requirement to declare it, and failure to declare it is a violation which may result in suspension or revocation (administrative action), up to and including criminal charges and fines/imprisonment, depending on the circumstances. There are penalties for failing to disclose, or faiilure to make truthful statements on a legal document (eg, airman medical application).

Your argument seems to be that you can get away with it. You sure that's how you want to roll?

Your argument seems to be that military personnel who seek a military disability rating (somthing military personnel must seek, to obtain benefits) are somehow rooted out by the FAA in a quest to unfairly target disabled military personnel. This is not true, and you do not understand either process.

The FAA did not target military personnel. The VA targed FAA certificate holders, while the VA was looking for disability fraud. The FAA tried to stay out of it, until the VA brought legal action.

The FAA has long required applicants to disclose diability claims. Read your airman medical application form. Item 18.y doesn't cite military disability benefits. The applicant is asked if (s)he has, or has ever had medical disability benefits . You could argue that you could get away with some benefits by hiding them from the FAA, and maybe you could, for a time. The FAA can and does discover such things by other means than self-disclosure. Perhaps you hide it for ten years but it shows up during an application for a special issueance for something entirely unrelated, in insurance paperwork, etc (which may become relevant and discovered); now you have a crime on your hands, instead of something you could have disclosed properly. Hide and violate the regulation at your peril, and kepe chanting to yourself that the FAA won't find out. Good luck.

Most of your comments are flawed in premise, and we could address that, but you're not listening, you're beating a drum for your own benefit, and you are agenda-driven here. Your implicit bias is wrong, but very apparent, and any effort to educate you on this matter is clearly wasted. Your commentary smacks of a fantasy world, and is far removed from reality. I focus on reality. If you make it back this way, stop in and say hi...but don't bring your assumptions and agenda with you. We won't be having that conversation again.
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