UNFAIR FAA PRACTICES-PTSD-PLEASE READ

Courtney Lily

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**I AM SORRY IN ADVANCE THAT THIS IS LONG, BUT I FEEL THAT IT NECESSARY THAT I PUT MY STORY OUT THERE, ESPECIALLY FOR ALL VETERANS WHO MAY HAVE BEEN DIAGNOSED WITH PTSD BY THE VA! PLEASE SPREAD THE WORD.*

I am a former Marine who had been working as an air traffic controller up until October of 2017. I am also licensed as a helicopter pilot. I have a perfect work history, honorable discharge and I am qualified at five separate airports. I acted as the “Official Manager In Charge” of an air traffic control tower on an active military base. I have no blemishes on any record and no criminal record either. I have excelled at my job and there is no reason for this “headhunt.” Becoming a pilot was always a dream of mine. It was something I always wanted to do, but figured that I would never be in the position to do so. During 2016, I was diagnosed with PTSD and rated 50% by the VA. I decided to be honest with the FAA, so I disclosed that I had been diagnosed with PTSD by the VA (and when I say that I disclosed-- I disclosed it when I was due for my next flight physical). I honestly did not think anything of it; I did not think it was anything that would affect my career as an air traffic controller. I had not flown for quite some time at this point, and had been working exclusively as an air traffic controller since December of 2014. I had never held an actual paying job as a pilot in any way. I received my private, instrument, and commercial licenses for rotor-craft in 2013. I received my Certified Tower Operator (CTO) in 2009. Although I was passed by the AME that completed my examination, I received a letter from the FAA not too long after asking for more information about my PTSD.


The letter was extremely unhelpful. They essentially requested that I receive a very specific type of psychological and psychiatric evaluation (it's commonly referred to as a “P&P” I later found out). There was no phone number provided on this letter, besides a phone number for mental health professionals to call if they had any questions. The letter did not specify who could perform this “P&P.” The letter did, however, specify that it was NOT a denial, which gave me the impression that my medical certificate would be safe as long as I complied with their process. I was completely lost as to what they wanted. After much online research and calling different FAA numbers found on their site, I was connected to the department that handles medical certificate issues-- the Aerospace Medical Division of Massachusetts. I politely explained my confusion and asked her who could complete the “P&P” and was essentially told that any board certified psychologist/psychiatrist could perform this evaluation(LIE #1). After finding a psychologist based out of Connecticut, I called her back and received the green light to see this psychologist.


After two months of waiting for an appointment, my fiance and I drove two and a half hours to Connecticut in order to see this psychologist. Well, he performed the “psychological evaluation,” and I was told that I would have to wait a bit for him to write up his report and send it to the address provided by the FAA. He told me, however, that I passed with flying colors and he did not understand why I was being investigated by the FAA for something that clearly did not interfere with my ability to do my job as an air traffic controller. I followed up with the Aerospace Medical Division of Massachusetts and spoke with the same woman who had originally gave me the green light to see this psychologist. I was then told that I SHOULDN'T have seen this psychologist because he is not FAA-approved. I was baffled and reminded her that she had just told me last month that it would be okay for me to see this psychologist. She denied having told me that and made it seem as if I was the one who misunderstood her. My fiance listens in on every call that I make to the FAA, and even she remembered her giving us the green light. I essentially wasted my time making the trip to Connecticut (5 hours round-trip). I lost a great deal of time, as well money that day ($600 in total). It cost my fiance $300 to have her tire replaced, and an additional $80 for an alignment. It bothered me that $1,000 (in total) was lost that day due to being misled by the woman who had been assigned to my case.


I then asked this same woman for a list of doctors that I could use and was given a list of HIMS doctors. I called almost every HIMS doctor on the list and every doctor was confused as to why I was referred to them, as my situation had nothing to do with substance abuse. I finally came across one HIMS doctor who provided me with more information and referred me to a doctor based out of Rhode Island who could help me make sense of this process. I scheduled an appointment with this doctor soon after, not really knowing who he was or what his purpose was. I later found out that he is an FAA-hired physician who reviews medical records and puts reports together based on the information provided. I was charged $1200 (he agreed to let me pay $300 at the time) for an appointment that lasted 20 minutes. He essentially told me that he would need my VA medical records, and when I expressed my concern over losing my job, he pretty much told me that I should just “find another job.” It was not until this point that I was finally provided with a full list of doctors that could do this “P&P.”


This was about FIVE MONTHS after initially receiving the letter from the FAA requesting that I complete a “P&P.” Most of the doctors on this list were many states away from me, and I did not have many options. I found a doctor in New Jersey who was very understanding of my situation and agreed to see me sooner than he had space available. My medical certificate was due to expire in October of that year (2017), so I was very flustered and desperate to get this examination done. I drove five hours to New Jersey and stayed overnight to see this doctor. The actual examination took nearly six hours, and it seemed as if the examination was designed for someone with severe mental health issues, such as schizophrenia and multiple personality disorders. I paid $750 ( an additional $750 is due at some point) upfront for this examination, which I really did not have at the time.


The FAA led me to believe that they would work with me to receive an extension so that I could still hold onto my medical certificate and continue working as an air traffic controller. This was LIE #2. I was told to ignore a letter that was being sent, which I later found out was a letter asking me to surrender my medical certificate. The same woman from the Aerospace Medical Division of Massachusetts who I had been dealing with from the beginning then went back on her word and made it seem as if she never told me to disregard this letter. I also expressed my concern over how expensive this process was becoming, and she essentially told me that it's not their problem. She threatened me, and even hung up on me after demanding that I surrender my medical certificate. She also made it seem as if I was not supposed to be working since the FAA first sent me the letter requesting a “P&P,” although I was never told this, nor did any letter state that I was not supposed to be working. The company I worked for at this time did everything in their power to keep me, as they did not want to lose a competent air traffic controller, but they eventually had to let me go.


My VA therapist and psychiatrist both wrote letters to the FAA elaborating on my diagnosis (PTSD & Generalized Anxiety) and urging them to allow me to continue working as these are minor issues that do not affect my ability to work as an air traffic controller. I even had my employer write a letter explaining that I was very needed at their tower and that I was an excellent air traffic controller. The FAA received these letters, but seemed to not care.


It has now been about a year and a half since the FAA first sent the letter asking me to complete a P&P, I have lost my job (although they are willing to rehire me if the FAA reinstates my medical certificate), and I am still trying to comply with what the FAA wants. Now, the FAA wants more information on a Bipolar/ADD diagnosis that DOES NOT exist. During one of my meetings with my VA therapist, I told her that I had behavioral issues when I was much younger and that the terms “Bipolar” and “ADD” were thrown around at this time. I NEVER received a diagnosis for any of these things. I was very rebellious when I was a teenager. Of course, I was not thinking that the FAA would pick this out and use this against me. It was simply part of the notes that the VA therapist recorded during one of our sessions. The FAA is now asking that I produce medical records from this time. I am not even sure that I can do that since I was about 10 years old when this was occurring. I am now 29 years old. I am unsure as to where to turn next, I find this to be a very unfair process.








 
Have you contacted Dr. Bruce? He frequents this forum and may be along with some advice. Since your medical has lapsed without denial, you might be able to fly using BasicMed. If you belong to AOPA, it would be a good idea to contact their legal services department as well. Good luck, and keep us posted. And thanks for your service!
 
Thank you for service. And I empathize with your story.

However, amongst the masses that congregate on PoA, there are just a very very few who can provide the assistance you are seeking. The rest of us will just be unwashed and uneducated guessers.

The main one is Doctor Bruce Chien of Bolingbrook, IL (45 miles SW of KMDW). He is well known as the Senior AME to speak with and manage your case when you have a gordian knot to unravel.

You can find his contact information under the "how to start" at www.aeromedicaldoc.com
 
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I will concur, in the strongest possible terms, with the advice that you go straight to Dr. Chien; he is the finely-honed instrument for this kind of situation.

Fair notice: tell him everything, no detail withheld (although, from your narrative, I believe you'd do that anyway).

Bruce is an exceptional person, and he regards assisting difficult cases as a mission; not a mere job.
 
Have you contacted Dr. Bruce? He frequents this forum and may be along with some advice. Since your medical has lapsed without denial, you might be able to fly using BasicMed. If you belong to AOPA, it would be a good idea to contact their legal services department as well. Good luck, and keep us posted. And thanks for your service!
BasicMed is a great option for PIC if (?) there was no denial or revocation, but I believe the OP also wants her job back with ATC, and for that I believe it is not enough.

The question mark is because of the confusion over the demand to surrender the OP's medical certificate... it's really not clear what the FAA's final position on that was. In all respects, this sounds like a real mess that Bruce or someone of his caliber needs to sort out.

And OP, good luck and thank you for your service.
 
BasicMed is a great option for PIC if (?) there was no denial or revocation, but I believe the OP also wants her job back with ATC, and for that I believe it is not enough.

The question mark is because of the confusion over the demand to surrender the OP's medical certificate... it's really not clear what the FAA's final position on that was. In all respects, this sounds like a real mess that Bruce or someone of his caliber needs to sort out.

And OP, good luck and thank you for your service.

Thank you! And even I am confused as to what the FAA's final position is as of now. They made it seem as if I cannot hold a medical while my case is still open, as opposed to them having completely denied me.
 
Thank you everyone!
I have gotten in touch with Dr. Chien and I am awaiting his reply :)
One other word of advice. Dr. Bruce (Chien) is an expert. He knows what he is talking about.

When he gives you advice, you can ask questions, but don't question him. Don't argue with him. And do exactly what he tells you to do.

Good luck, and as others have said, thank you for your service.
 
One other word of advice. Dr. Bruce (Chien) is an expert. He knows what he is talking about.

When he gives you advice, you can ask questions, but don't question him. Don't argue with him. And do exactly what he tells you to do.

Good luck, and as others have said, thank you for your service.

This! Very much This!!

If Dr. Bruce catches you in a lie, or even leaving out details, he will drop you like a homesick rock.

On the other hand, Dr. Bruce will only submit paperwork to the FAA when he's 100% sure you will get your medical.
 
It’s crazy I just stumbled across this I know it’s a old thread now but I’m in a very similar situation. I am a army vet with 50% PTSD I was living in Reno NV and had been on a waiting list to go to school to become a helicopter pilot in Scottsdale AZ I did my initial physical told the AME about the PTSD not thinking about it at the time... she told me there wouldn’t be any issue as I haven’t been on any medication for it in years she advised me to have my VA psychologist write a Letter for me which I did. I was in the process of moving at this time to AZ for the school and as soon as I move I get a letter from the FAA wanting the P&P exams and they letter said I had 30days to do so. After calling and finding the only two approved FAA examiners in the state I find out it’s a two month wait so I booked the appointments $2500. Each so $5k for both. Fast forward and I’m in my new house in AZ excited for school as both my exams went well and I get a letter of denial due to ptsd and somehow alcoholism which I’ve never been arrested nor had any alcohol related issues. The letter from the FAA only stated those two things and nothing else no background for the reasoning nothing at all so I look into it and because they got all my VA records it notated in there that I told my VA doctor that I had a few glasses of wine with my wife while packing my old house during the move so .... now I’m a alcoholic with ptsd and denied. I’m so lost about all this right now every single FAA doctor said I would be fine I uprooted my family spend a lot of money and time to be thrown out. It seems as though they just skip through people’s files and look for negative thing and as soon and they see one they deny you without reading anything else in the file. Sorry for the rant but I’m looking everywhere for answers right now
 
Wyatt... first thing... Ever hear of paragraphs? That wall of text is very hard to read.

Second... did you read the entire thread? Did you see the name of the AME all of us were referring Courtney Lilly to? Why aren't you contact him directly?

Except for Dr. Bruce Chien, none of us are properly qualified to help.
 
It’s crazy I just stumbled across this I know it’s a old thread now but I’m in a very similar situation. I am a army vet with 50% PTSD I was living in Reno NV and had been on a waiting list to go to school to become a helicopter pilot in Scottsdale AZ I did my initial physical told the AME about the PTSD not thinking about it at the time... she told me there wouldn’t be any issue as I haven’t been on any medication for it in years she advised me to have my VA psychologist write a Letter for me which I did. I was in the process of moving at this time to AZ for the school and as soon as I move I get a letter from the FAA wanting the P&P exams and they letter said I had 30days to do so. After calling and finding the only two approved FAA examiners in the state I find out it’s a two month wait so I booked the appointments $2500. Each so $5k for both. Fast forward and I’m in my new house in AZ excited for school as both my exams went well and I get a letter of denial due to ptsd and somehow alcoholism which I’ve never been arrested nor had any alcohol related issues. The letter from the FAA only stated those two things and nothing else no background for the reasoning nothing at all so I look into it and because they got all my VA records it notated in there that I told my VA doctor that I had a few glasses of wine with my wife while packing my old house during the move so .... now I’m a alcoholic with ptsd and denied. I’m so lost about all this right now every single FAA doctor said I would be fine I uprooted my family spend a lot of money and time to be thrown out. It seems as though they just skip through people’s files and look for negative thing and as soon and they see one they deny you without reading anything else in the file. Sorry for the rant but I’m looking everywhere for answers right now
This is the reason that everyone is advised to first obtain their medical prior to investing too much in flight training, just in case. This is a perfect example case.

As Mike said, contact Dr. Bruce now. But I caution you, be COMPLETELY honest with him, and follow all of his advice scrupulously, even if you don't understand why.
 
Some other information. It's actually PPP and it's the LEAST you're going to get away with. Pretty much any psychologist can perform steps 1-3 on the PPP. Most of the tests don't have any "interpretation," you just score the patient results. The last step has to be done by a board certified PSYCHIATRIST (that is, an MD). It's also going to take enough visits with him for him to make a reading on your condition.

In recent years the FAA has been drifting to their own approved list (HIMS) of providers. But I, too, am curious as HIMS is primarily a substance abuse thing (though not limited to that).

I'm sorry that you seem to not been really helped by the Regional Flight Surgeon. If it hadn't been for the Jamaica Plains RFS office, I'd have stewed a lot longer getting my medical resolved

Anyhow, as you've been told, Dr. B is the one who's going to be best suited to help you. I understand you're upset over this. I was upset when I was only grounded for a couple of months over the FAA misreading a report from my treating physician. Getting upset at the FAA isn't going to help (and indeed, can be used against you). Understand that a PTSD disability isn't a "brush off" item for the FAA, especially in the light of some commercial accidents that resulted from pilots with such impairments.
 
Two important things for vets getting out of the military. First, and it’s not emphasized enough in the brief, you can be denied a job due to your claimed disability. Second, and it wasn’t covered at all in my brief, the FAA has access to your VA medical records.

If you’re gonna claim disability, and by no means am I saying not to, you need to know the consequences of said claim.
 
As an aside, many prison employees go out on ‘stress leave’ at some point or even a bit earlier retirement. I’m not judging if they need or not, later on if it becomes some form of PTSD it can have other implications.
 
Let this be a warning to everyone in any situation that is even remotely similar: DO NOT TRY TO DEAL WITH THE FAA ON YOUR OWN. You need professional assistance to work through these scenarios. All of the horror stories that show up here or on other forums usually start with "I got a letter from the FAA and tried to deal with it on my own" and end with "you need to call Dr. Bruce or a similar AME to assist you." All of the nonsense in the middle can be avoided if you start with professional assistance. Further, if you unexpectedly receive a letter from the FAA, your AME has done you a disservice. A good AME will know that a letter will be coming, will give you a heads-up, and will be there to help guide you through the process.
 
100% agree with those who have said to not try to deal with the FAA on your own. If I had known then what I know now, I would have sought assistance immediately. Finally got the answers I was looking for for so very long out of an FAA-approved HIMS AME. When it comes down to it, the FAA wants to see squeaky clean VA medical records. They want you to be asymptomatic. Your VA therapist records many of the things that you talk about during your sessions, so even if you tell your therapist of something mental health related that occurred when you were 10 years old, expect it to show up in your records. The FAA does not care if it happened when you were still a child, they will still pick it apart and request evaluations for whatever it is. The part that confuses me is that PTSD is very common among veterans. Like others have already said, if you are a veteran who has plans of becoming a pilot, you need to know that the FAA can request to see your VA records and can deny you based on what they see in those records.

I became desperate at one point and even spoke with an Aviation Lawyer. The FAA is a federal agency, so suing is pretty much out of the question. It will be extremely expensive and the FAA basically has to allow you to sue them. I would advise veterans who have already been diagnosed with a mental health disability through the VA to choose a different career. Don't even waste your time trying to become a pilot. I was holding pilot licenses, but was working as an Air Traffic Controller. Does not matter. Same rules apply even if you are only working as an Air Traffic Controller. Just avoid anything that will require you to have to obtain a medical. I am not going to lie my way out of this, and I suggest that no one else tries to either. Work with your VA therapist in the same way that you did prior to receiving a letter from the FAA. It is unfortunate that you can lose your career because of your mental health disability, but the FAA is "omnipotent." I am working toward getting better so I can have a clean VA medical record. I have started school again and the BAH/MHA is quite generous with the school I am currently attending. I am making more than enough just by going to school to live very comfortably. I will also quality for Vocational Rehab, which is basically the G.I. Bill on steroids. Please look into Vocational Rehab, as you can qualify if you lose your career. I am at peace now, and have my sights set on becoming an Aviation Psychologist. I am also currently working as a Behavior Technician with children who have autism. Sounds weird, but I found a company that trains you (and pays you while you are training). Life is good, the FAA can go to hell. If I eventually have a clean bill of health, great. I will then attempt to submit my records to the FAA again. If not, oh well, I am in another career now, and life is good.
 
Sounds like you needed a lawyer that knows aviation right off the batt.

Always figured, if it has to do with government and isn’t something I can afford to loose, lawyer is the initial default answer.
 
Both government agencies, the VA wants a separating service member to fully document their medical issues. That way the VA is on tap further down the line for those problems. This is in complete contrast to the FAA who is a gate keeper to the aviation world, who prefers a clean medical bill of health.

Another catch is Congress / Senate / President recently approved the GI bill for aviation training and careers as the talk is shortages.


Talk about a typical bureaucratic cluster $$$$

It’s unfortunate, but, a decision has to be made by the service member what’s more important.
 
@Courtney Lily

Congrats on a path forward. My cousin used the vocational rehab program also. I would highly recommend it.

Tim
 
Just to be fair, this is at least part of the issue that the FAA will have about PTSD as a diagnosis. This is just an excerpt from the DSM V there are several other criteria. Any worry about these in a pilot?

1.jpg
 
It looks like the government is at it again; deja vu all over again (shades of 2005's "Operation Safe Pilot").

The "investigation" was probably just a matter of running a database matching program looking for personally identifying information like names and/or social security numbers appearing in both the FAA airman medical certification database and the VA medical disability database. This may be a privacy act violation since such database matches are supposed to be looking for named individuals under active criminal or civil investigation. Fishing expeditions looking for "hits" that show up in both databases are strictly prohibited except for a limited number of exceptions.

https://www.justice.gov/usao-ndca/pr/bay-area-aviators-indicted-making-false-statements
 
It looks like the government is at it again; deja vu all over again (shades of 2005's "Operation Safe Pilot").

The "investigation" was probably just a matter of running a database matching program looking for personally identifying information like names and/or social security numbers appearing in both the FAA airman medical certification database and the VA medical disability database. This may be a privacy act violation since such database matches are supposed to be looking for named individuals under active criminal or civil investigation. Fishing expeditions looking for "hits" that show up in both databases are strictly prohibited except for a limited number of exceptions.

https://www.justice.gov/usao-ndca/pr/bay-area-aviators-indicted-making-false-statements

I don’t know if I’d call it a “fishing expedition.” Seems like they targeted a specific area. If the FAA did a thorough review on VA medical records of professional aviators, I assure you, there would be thousands of cases just like this.

Personally, I don’t care what means the FAA uses to find medical fraud. A bit more extreme example but if a former Marine Aviator is doing this, you can bet there’s plenty more.

http://avstop.com/news_feb_2010/southwest_pilot_pleads_guilty_to_fraud.htm
 
Personally, I don’t care what means the FAA uses to find medical fraud. A bit more extreme example but if a former Marine Aviator is doing this, you can bet there’s plenty more.

http://avstop.com/news_feb_2010/southwest_pilot_pleads_guilty_to_fraud.htm
There is a right way (legal) and a wrong way (illegal) to conduct investigations in compliance with the privacy act, and to violate the law for the sake of expedience is still a violation of the law.

No one, from the average citizen to civil service bureaucrats to the president, is above the law. If there was a privacy act violation here, whomever authorized it should be held accountable.
 
No one, from the average citizen to civil service bureaucrats to the president, is above the law. If there was a privacy act violation here, whomever authorized it should be held accountable.

I was under the impression, when you sign the card/approve the application to the FAA, you authorize them to search any federal database. This includes the VA.

Tim
 
I was under the impression, when you sign the card/approve the application to the FAA, you authorize them to search any federal database. This includes the VA.

Tim
Tim, if you are a named individual under active investigation, that's true; however for a wholesale database match between databases of different agencies to see what falls out (apparently what happened here) there are strict rules requiring a notice of the proposed match to be published in the Federal Register citing what they're looking for and citing the law permitting them to perform the match. Then there has to be a public comment period before the actual match is done.

Here is what the final guidance published in the Federal Register on June 19, 1989, says about fishing expeditions. This is still the rule.

Final%20Guidance%20pg%2002_zps42tp4ekf.jpg
 
In cases like this would it make sense to contact your state Senator?
 
@Stan Cooper

Could be, and that privacy rule is part of the reason the feds had so much trouble with eVerify. It prevented the agencies from comparing data and cleaning it up.
But I digress. All I know, going back to when I started getting my license in late 2009, the AME and the CFII were very specific that if I have military service and ever went to the VA; the FAA has the right to match and verify against the VA. It may be as simple as the FAA has historically been unable technically or administratively to perform the verification until now; or the FAA may have been notified and never decided to prosecute; or the FAA found a loop hole around the fishing expeditions; or the FAA broke the law.
Until the back story is published, no way to know.

Tim
 
In cases like this would it make sense to contact your state Senator?
I've found that entirely ineffective. The congressional staff will make an inquiry again on your behalf with the agency (typically at the IG level), but it won't change the interpretation of the rules at all.
 
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