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Old 07-01-2024 | 06:54 AM
  #138  
JohnBurke
Disinterested Third Party
 
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To pick up where last left off, and in particular to those who think the FAA world revolves around persecuting former military (veterans), a reminder that enforcement for failure to report benefits covers far more than just VA benefits. AOPA reports on the case of a seventy-one year old retired USAF colonel who pled guilty to fraudulent claim of social security benefits, and was also conficted of three counts of making falsle statements to the FAA; the conviction was in federal court, by jury, not merely an FAA administrative action. The subject defrauded both the VA and the Social Security Administration, though most charges were dropped by plea, with one guilty plea for the social security, and restitution of some one hundred forty thousand and change. The jury conviction wasn't for the theft from the government, but for lying to the FAA, specificly failure to report disability benefits. The seventy-one year old was one of those discovered by the VA investigation that was pressed into the FAA's hands. It moved beyond an administrative action, to criminal charges. The retired colonel was found to have not lied to the FAA by error, but by intent, hence, the conviction.

The subject was facing up to five years in prison per charge, and a quarter of a million dollar fine per charge, which led him to plead down to the single charge of social securities fraud. He did wind up with a three year sentence (supervised release), and eight hundrd fifty thousand in fines.

https://www.aopa.org/news-and-media/all-news/2024/june/13/pilot-sentenced-for-lying-on-faa-medical-applications?utm_source=epilot&utm_medium=email

It's worth mentioning because discovery of failure to disclose goes far beyond a slap on the wrist or even a certificate suspension. It can get a lot worse, to include criminal federal charges, jail time, and big fines, and it can extend beyond your flying career years. Nothing with which to toy around.

From AMAS (Aviation Medicine Advisory Service) today, in their email news blast (no link because email):

The February FAA Safety Briefing contained an aeromedical advisory update from the FAA Federal Air Surgeon, Dr. Susan Northrup, regarding airmen reporting obligations for receiving medical disability benefits which can be found here. Dr. Northrup notes that in addition to VA disability, airmen need to report “any form of disability benefit, including from a private insurer, workers’ compensation, or Social Security disability”. Furthermore, when dealing with service-connected VA ratings, “even a 0% disability rating should be reported” on the FAA’s MedXpress application (FAA Form 8500-8). Remember that the FAA is concerned with the condition and treatment rather than the amount of compensation. There are many airmen with 100% VA disability ratings who have been cleared by the FAA. AOPA recently reported sentencing of a retired USAF Colonel who was given 6 months of home confinement, 3 years probation, and $850,000 in fines, for fraudulent medical applications.
The linked article above by. Susan Northrup (https://medium.com/faa/reporting-disability-compensation-6b432fd3b8ce) is worth reviewing:

Reporting Disability Compensation

By Dr. Susan Northrop, FAA Flight Surgeon

Recently, there has been a lot of discussion in many different forums regarding the FAA and pilots who receive disability compensation, especially from the Department of Veterans Affairs (VA). Some pilots are concerned that a high disability rating can jeopardize medical certification. This is not true. Our determination is based on the condition and treatment, not the amount of compensation. While the likelihood of a significant medical issue does increase with a higher rating, the correlation is not as strong as you might think. In fact, we have pilots who have a 100% disability rating from the VA, yet qualify for a Class I or II medical. On the other hand, some conditions, such as a seizure disorder, can have a rating from the VA, as low as 10%, yet not be safe for flight. For this reason, even a 0% disability rating should be reported. I want to emphasize though that we consider each pilot individually with the goal of issuing a medical when it is safe to do so.

I would like to address the responsibility that we pilots have for reporting disability compensation on the FAA medical application (FAA Form 8500–8). I would also like to remind you that you need to report any form of disability benefit, including from a private insurer, workers’ compensation, or Social Security disability.

Question 18y, Medical Disability Benefits, is answered incorrectly by many pilots. The purpose of providing medical history on the 8500–8 form through MedXPress is to identify areas of potential aeromedical concern and to ensure adequate and aeromedically acceptable mitigation. Sometimes these concerns can be addressed by the aviation medical examiner (AME) while you are in the office, and you leave with your medical in hand; other times additional information and testing might be necessary to ensure aviation safety. This is just as true for a history of medical disability benefits as any medical condition.

Why are we concerned about pilots receiving medical disability? The short answer is that even though pilots should annotate their medical conditions in other parts of question 18, they may not believe that an underlying medical condition or treatment falls within another question on FAA form 8500–8. Additionally, question 18y can serve as a helpful reminder of medical conditions that the applicant did not think about when answering other parts of question 18. Remember that our goal is to ensure the safety of the national airspace system. This question helps us ensure that all underlying medical conditions are disclosed, adequately controlled (or resolved), and that the treatment is aeromedically acceptable.

For those of you who have been granted disability compensation since your last medical application, I recommend that you gather the paperwork you have for that disability compensation and bring it with you to show your AME at your next FAA medical examination. If it’s a VA disability, bring the VA decision letter(s). Consider making an appointment with your AME prior to the examination to review the information for completeness. For those of you who have been granted disability compensation prior to your last FAA medical but did not report it, I recommend that you provide this to the FAA now even if you are not due for an examination. Your AME can help with this. Make sure that you bring copies of all the disability evaluations, not just the most recent ones. This will expedite your review.

Should your disability compensation change, you will also need to report this. Generally, you will do so at the time of your next medical application. Second, independent of any reporting requirements, remember your obligations under 14 CFR section 61.53. The bottom line is that question 18y is like any other question about medical history. We simply want to ensure that the underlying condition is well-controlled and that the treatment is aeromedically acceptable.

Dr. Susan Northrup received a bachelor’s degree in chemistry, a medical degree from The Ohio State University, and a master’s degree in public health from the University of Texas. She is double board-certified by the American Board of Preventive Medicine in Aerospace Medicine and Occupational Medicine. She is a retired U.S. Air Force colonel and a former regional medical director for Delta Air Lines. She is also an active private pilot.

Last edited by JohnBurke; 07-01-2024 at 07:06 AM.
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