Can I withdraw my medical application?

[bflynn]

We’re not talking about someone trying to game the system or being uncooperative. There’s a literal difference, if not an official one, between the FAA finding you not fit to fly and the FAA being undecided, hence the request for additional information.

I realize that isn’t the case here. I also agree there IS an actual difference between a medical problem and not returning information in time.

However, the section I quoted from the sport rules indicates the FAA doesn’t treat them different. A denial for not enough information and a denial for a medical issue are both just denials.

I suggest one reason for this is that it would open a hole that would allow pilots to game the system. If you were asked for information about something that you discover you cannot pass, then you would simply not respond and get out of the denial. The FAA says that isn’t what they want, so not providing information is a full denial.

 

[Rushie]

I realize that isn’t the case here. I also agree there IS an actual difference between a medical problem and not returning information in time.

However, the section I quoted from the sport rules indicates the FAA doesn’t treat them different. A denial for not enough information and a denial for a medical issue are both just denials.

I suggest one reason for this is that it would open a hole that would allow pilots to game the system. If you were asked for information about something that you discover you cannot pass, then you would simply not respond and get out of the denial. The FAA says that isn’t what they want, so not providing information is a full denial.

I understand that and concede that claiming you didn’t get the letter is not a defense. But there are reasons beyond your control that you may be unable to get the information. There’s another recent thread where an OP is unable to pry records from a healthcare provider. The OP of this thread is being shipped overseas and can’t comply with the request in time. Yet another case of innocent people getting tangled up in federal bureaucracy meant to catch “bad guys” of which they aren’t.

 

[TCABM]

Can we all at least agree if the FAA demands additional information from an applicant (whether issued in office or deferred), the FAA is undecided on the applicant’s medical fitness?

 

[Rushie]

Can we all at least agree if the FAA demands additional information from an applicant (whether issued in office or deferred), the FAA is undecided on the applicant’s medical fitness?

That is reality. Since when do government agencies act on reality? They’re all about CYA, pressure from the public, Congress, insurance companies and their own inefficiency, and as Peter pointed out, a march toward authoritarianism. That’s why OPs who come here asking questions first before applying find out about this catch because we all know this and tell them.

I grant Basic Med was a step in the other direction but I don’t know the history of how it came about and whether the FAA fought it.

I wish the OP luck in re-applying when he gets back.

 

[Palmpilot]

...I grant Basic Med was a step in the other direction but I don’t know the history of how it came about and whether the FAA fought it....

Not only did the FAA not fight it, they had a proposal of their own to liberalize the medical rules for small airplane pilots. It got stonewalled by the Department of Transportation, so the GA advocacy groups got Congress to write a law specifying what the rules would be, and instructing the FAA to write regulations implementing it within a year. The FAA put it on the fast track by copying the legislation exactly, because that enabled them to bypass the notice-and-comment process. That was the only way they could get it done by Congress's deadline.

 

[Capt. Geoffrey Thorpe]

Can we all at least agree if the FAA demands additional information from an applicant (whether issued in office or deferred), the FAA is undecided on the applicant’s medical fitness?

No. It is up to you to prove that you are fit. If you do not, then in the FAAs eyes, you are not fit - your medical will be denied.

 

[TCABM]

No. It is up to you to prove that you are fit. If you do not, then in the FAAs eyes, you are not fit - your medical will be denied.

So when somebody walks out of an AME office with a medical in hand and then later gets the letter asking for more information, you’re saying the FAA has already decided you are unfit to fly, and I agree in the administrative sense with one caveat.

If that is the case, then that letter should also include notice of temporary suspension of the medical certificate until the FAA provides final adjudication. That does not usually occur.


That same logic cannot be applied to a deferral though.