Sources have told AVweb that a controversial FAA policy to turn incompletely documented medial deferrals into denials has been indefinitely delayed. The policy was supposed to have come into effect on Jan.1 but opposition from a broad base of GA groups prompted a deferral until March 1. The indefinite delay was communicated to AMEs on Monday.
Russ,
For medical issues, I really would allow a Senior AME to answer or possibly someone from the FAA medical side. So, as a Senior AME, I put out emails to my group of pilots - about 65% of my pilots read my emails and the rest, well they flounder - I wish they did not - because information from an AME that truly wants to help pilots through the FAA medical process is GOLD! Not trying to toot my own horn, but I this Denial/ Deferral issue is really nothing more than an admin thing - and pilots should NOT worry about it - because if they get ANY Denial letter, that letter states what the Airman needs to correct the deficiency - PERIOD! So, while a denial letter looks scary, has legal language, etc - this is an easy thing to do. Heck, I see very scary letters from those caught doing all kinds of crazy things because as an AME I get cc’d on everything - so bottom line, use a GOOD AME that knows how to handle medical issues from Cancer, Cardiac conditions, HIV, etc - and a GOOD AME should have a LOW deferral rate (only the FAA and the AME knows their deferral rate) - and mine is low (deferrals should be between 1 to 2%) - why because I ask my pilots to tell me about things when they HAPPEN - NOT when they are in the office and they tell me - ‘oh by the way, I had a heart attack and had 4 stents placed 5 months ago, and oh I have been flying since because my cardiologist said I was okay to fly’ - well that is NOT cool - and having a good AME to guide you through what needs to be done AT the time of the event, not as your next medical is TRULY the key to keeping a deferral to a minimum. So, Russ, you want an AME that can answer, ask me. Keep flying, fly SAFE, so NOT do something stupid and READ the Morals Clause for airman - why - I just had an airman who got arrested for prostitution - yeah that did not go well when he showed up for his medical and told me at the time of the medical - WORK the system when things happen. DO NOT Surprise your AME - Remember: Aviate, Navigate, Communicate - Communication is key - when I was flying F-14’s prior to being a doc, communication was DRILLED into my head! Dr B.
That is still a rather major problem, because that pilot is completely grounded (unless flying as a non-required crewmember with another pilot) while they work out the paperwork issue. Previously, that pilot could continue flying while sorting out the paperwork.
How are we, as pilots, supposed to find that out, other than asking every potential AME?
Well - you can ask the AME - but the bottom line - most of the pilots I see know that I am very active and interactive so you really can get that from interpersonal relation from AME that they are going to be active. Also, if you see the same AME over and over, you have a good relationship with that AME, and that AME should re-assure you that they will help (although some things just can’t be helped - for example - while the FAA allows pacemakers - they do NOT allow defibrillators - and I have had a couple of pilots I told them to get a pacemaker vice a defibrillators - and they got a denial - well I get it sometimes medical necessity requires a defibrillator). Also, why do I have pilots tell me BEFORE I do their next exam - I can collect the paperwork/ reports, UPLOAD to the pilots FAA medical file and then I can call for a VERBAL authorization to issue - so there are many things that go on that a GOOD AME can do. And, the FAA allows the AME to keep a file open for 14 days prior to closing - defer or issue, so this is why it is important to keep your AME informed and DO NOT surprise your AME - otherwise you will get into the deep hole of deferral or denial - hence work with your AME before. Yes, deferred medicals are a nuissance for not only the pilot, but also the AME and the FAA - we really do not like to do deferrals. So, you have to put the onus upon the pilot to get things done too. And, do not show to your medical assuming you are going to get your medical certificate if you know there is something wrong. Dr B.
Dr. B, I seek your advice as it seems you are knowledgeable and willing to address, at least to some degree, this subject of deferrals and denials. Visited AME May 2, 2024. Deferred to FAA in Oklahoma City. May 24, 2024, received itemized list of information required. It was in their hands June 10. Called FAA OKC twice to confirm they had everything needed and twice was told they did. Haven’t heard anything else. Meanwhile, totally grounded for nine months awaiting their review. Would appreciate any thoughts or advice on getting a decision. Thank you!
I had a similar situation last year that dragged on for months despite all the data required to approve my renewal being in hand in OKC. Ultimately, a sit-down with FAA aero-medical staff at OSH2024 resolved the matter in less than 45 minutes. As I discovered at OSH there about 4,000-5,000 cases pending review with a handful of personnel available in OKC to handle. Once you’re in the OKC cue because of a local AME referral it’s a slog.
Simple fix: like the NICS used for firearms purchases, give the FAA a set amount of time to review your medical application, including any requested materials that were supplied in a timely manner, and if they exceed the time, your medical is granted.
How can I get on your email list you send to your pilots ?
Question, if this denial of medical due to insufficient data is not such a big deal, why does the FAA ask if you have been denied in the past on the medical form that everyone fills out online?
I am sure that there are a number of good AME. But the problem is not the AME as much as it is with the FAA. If the FAA can issue a denial letter within 35 days, as I got one, they should be able to review a deferral within the same amount of time, and issue a resolution.
So I do have to tell you that the FAA doctors are working very hard - I know that because some of them are working OFF the clock on the weekends and late into the night - and I know that because they call me, send me emails and so on. You have to realize too that it is Congress that makes the law - and within the FAA re-authorization bill recently these Deferrals because automatic Denials - however please do let that be a concern as the FAA is also sending you HOW TO CORRECT your actions. WHY use your AME - the Last AME you saw is your AME of RECORD - why is that Important - because you SEND paperwork to your AME in PDF format (less than 3 mb each) and the AME will UPload to the file. Now a GOOD AME will call the next day to get a possible verbal authorization to move the paperwork along - I do this a lot since I have many of my pilots on SI’s - so make sure your AME that you use is attentive and working for you. I know many AMEs do this as a side gig - that is fine as we need AMEs - we are hurting in this country for more AMEs. AMEs are the EYES of the FAA - so please realize we as AMEs are doing a Safety job - that is how I see myself as an AME. As someone who has flown too as an aviator in the military - I get all sides of the issues. In addition, flying aircraft is a privilege. Those that are reading this and I am your AME - you can figure out who I am as I have a style of writing that is in your face and direct - sorry that is the surgeon in me. Bottom line, when you send in your response to the FAA - make sure it is complete - do NOT send in one item at a time - make sure you send the ENTIRE package at once - that way your file will be looked and you will not get put to the back of the line so to speak.
Thank you sir for your thoughts and guidance.
Thank you for sharing this excellent information and congratulations on getting your certificate issued! Hearing there are 4 to 5 thousand pending applications in the que begs to suggest the system is quite broken. OKC appears to be overwhelmed and is probably doing all they can with what they have. This needs to be fixed at the DC level by someone with influence, AOPA is this something where you can lead the charge?
Question. If you were denied a 3rd class medical, can you withdraw your application (and avoid all the FAA paperwork) and self certify?
My understanding is “no”. I know BasicMed specifically can’t be used if your most recent medical was denied or revoked. Even prior to BasicMed, I was always told that if you think you would fail an FAA medical, it’s better not to apply for a new one so you could still fly under LSA rules.
AOPA personnel are well aware of the situation in OKC. I shared my situation with AOPA’s aero-medical support group but all they did was check status of my case, along with others that have asked for AOPA involvement, and report monthly back to me that OKC had everything they needed and I just needed to sit tight and wait. Had I not taken the initiative to meet with FAA aero-medical staff at OSH in July 2024 I have no idea how much longer things would have dragged on. Sadly it’s conceivable I might not have my Class III yet without the trip to OSH. Sorry to say but from my personal experience I’d say AOPA has little to no influence in what appears to be an FAA staffing issue in OKC.
Thank you for your reply.
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