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Old 07-09-2024 | 07:30 AM
  #146  
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PineappleXpres
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Originally Posted by JohnBurke
Ever been in that situation? No?

Some of us have. Some of us are. Some of us get the point very, very well.



You are not aware that a medical certificate in hand is not a guarantee?

You are not aware that a medical certificate in hand comes with a conditional period following issuance, during which it can be taken back, revoked, cancelled, or suspended pending further review?

You are not aware that the FAA, that issues the medical certificate, can request additional documentation at any time, based on existing information, or lack thereof?

Do you not know that after you receive your medical certificate from an AME, you can be contacted by phone, or by mail after that time, to be notified that the certificate will be held invalid, pending additional testing, documentation, or examination?

Examples are legion, but it may be anything from further review of your EKG, to detection of trace sugar in your urine; perhaps the AME thinks it's fine or doesn't flag it, but It does come up, and shortly there after you're sent for an A1C and you're on the hook for a special issuance, exams for diabetic retinopathy, yada, yada. It may be discovery of disability benefits undeclared or misdeclared, which might be VA, Social Security, Insurance, or other. It could be a lot of things, but simply becuase you walked out of a fifteen-minute exam witith your AME, with your paper certificate in hand, you have NO guarantee. None. Your ignorance of this fact changes nothing, and grants you no rights.

Certainly you have the individual right to "fight it" with an attorney. You also have the privilege to pay for that fight. Have you ever had to do that? No?



No one here has made any such implication (except you, of course, when you wrote it). First, it's not "gross incompetence." Like it, hate it, but it's within the scope of the duty and responsibility and the office of the FAA Flight Surgeon. Secondly, it's not a matter of shoulda, woulda, or coulda. Just a matter of what is. You want someone here to go sue the FAA, and apparently have your knickers in a twist about it. Bankroll it. Pay for it. See what it costs, and see what the results are, and then see what damage you've done to the airman making the application. Are you willing to put your money where your keyboard is, and is anyone in that situaiton wiling to stick their neck out for your righteous (but very ignorant) indignation? How much of your own money are you willing to put up for that "fight?"

None? Oh.



It cost Bob Hoover a big over six million dollars. How much of our legal bills will you be bankrolling?

How much of our medical bills will you be covering?

None? That's odd. You seem so gung-ho. Perhaps we should do it anyway, for you. You know, so you'll feel better, in your righeous (but ignorant, and wrong) indignation.

How much are you willing to spend to get educated?

How much have you spent? Some of us have already spent. You? Come one, mate. Join the club. The water's warm. Come on in!

"Go down fighting," to make a point? Spend six million just because? Perhaps to satisfy you? Since you're the one bankrolling us in this tilt at a windmill, perhaps we should humor you?



Now, that is interesting, isn't it? My posts are laced with citations, quotes, and links, and I prove my point, and no, I'm not wrong. I wouldn't have posted if I was wrong, nor taken the time to do the research or show the work, but you're always welcome to do the same and prove otherwise. You can do that, can't you?

The most hated poster here? Also interesting. You've made that point, so it's yours to defend, of course (though you can't, and certainly won't). How will you do that?

The world does not revolve around "likes," whether you have garnered that impression from social media, or not. Grow up.



What is "due process" when it comes to obtaining a medical certificate?

You do understand that the FAA does not owe you a medical certificate, don't you?

There is a legal appeal process. It has efficacy and a path once one has met the burden required to get the medical certificate. If the FAA requires additional documentation, you'd be a god damn idiot to file a law suit as your first course of action. What you would do, and what any competent professional would advise you to do, is supply the documentation, and keep supplying it until resolution is obtained. if you eventually get your medical certificate, you could sue civilly and argue that your personal health costs you too much, and argue that the government's deep pockets should pay for your personal medical condition or health. You could do that. Let us know how it turns out. On the other hand, if you are denied medical certification, you could enter the legal process to "fight like hell," and you could bankroll it, though you'd be a god damn idiot to do that instead of working through an organization that does it for a living, and taking their counsel. See how far that gets you, and when you've supplied every test result, every exam result, all of your medical history, and you still can't hold a medical, arguing that you should be able to hold a medical will net you precisely bupkiss. A judge can't order the FAA to issue a medical certificate.

Now, if the FAA has made a clearly obvious, non-medical decision about your medical certification (say, decided you're medically unairworthy based on yoru mental state, because you wore a green shirt with yellow dots, instead of a yellow shirt with greendots on a Wednesday), you may have a shot. But, it's gonna cost you. Good luck. We're all counting on you.

Well, not really, because whatever you do, and whatever you spend, and whatever head-banging you continue to do, won't change the speed of the rotation of the earth one iota, nor alter our day, nor cause anyone here any heartache. Then again, your hate doesn't really do that either. Sorry you're ineffective. Good luck, anyway.
Love the rant. Who do you work for again? What loss of license insurance do you carry? That seems like the only weapon. Preparedness from this dilemma that can find any of us at anytime.

Last edited by PineappleXpres; 07-09-2024 at 08:04 AM.
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