S
southern_flyers
Guest
Hey everyone, after dealing with the FAA for the past week i decided to make a post on here to see if anyone else has ever had a similiar experience before. I have a health condition that requires me to get a special issuance medical certificate under 67.401, with numerous tests requiring a lot of time and money to do so. I did everything required and was issued a second class special issuance medical that was valid from 11/2020 until 11/2021. After completing and sending in all of the required information to the FAA for a year, my medical was due to expire soon. Because the the tests that were required were costing a lot of money and I have never had any change in my health, I opted to go for the basic med option which states that any medical that is issued after July of 2006 is eligible for basic med even if expired, as long as the requirements have been met for the last medical for its duration and the most recent medical hasnt has not been denied. Because I hadn’t had any change in my condition or treatment, it was a good way for me to continue my training without having to keep spending money on the Cogscreen AE, along with the myriad of other things required to keep my second class medical. I completed my online course and had my basic med physical done on 11/16/21 and passed with no issues. I received a letter on 3/11/22 from the FAA dated February 16th 2022, stating that they had received a "narrative" which was a letter dated August 29 2021 and that because I had not completed a cogscreen AE that my medical would become invalid, and under the rule of basic med that would also invalidate my basic med and that they would take legal action if i acted as PIC. I contacted the FAA and was told by 3 separate people at the Aerospace Medical Certification Division that because this letter was sent in on August 29th, it was interpreted by the FAA as me trying to reapply for a new medical, and because I hadn’t sent a Cogscreen AE along with the letter, that I did not meet the requirements and my medical authorization would be revoked. After getting a copy of the letter, it is abundantly clear that it was my AME inquiring about the protocol I would have to follow as a patient and was nothing in the sort of me applying for a new medical. I was completely unaware that this letter was even sent to begin with and it was not needed, as I understood perfectly what I needed to do to maintain a special issuance second class if i wanted one - I had just done exactly that for a year to satisfy the FAA. I conveyed this to the FAA and also had my AME call and tell them the same, but it did not seem to matter. Their only response was "any information sent in is looked at as you applying for a new medical, and the letter that was sent has started the process for that". Except the letter that was sent from my AME to the FAA does not even meet the requirements for what is needed to apply for a new medical or renew a medical to begin with. Further, the letter I received from the FAA is not asking for all of the information that is required for me to renew a medical, I have received that letter before and there are 6 other requirements listed to complete along with the Cogscreen, on a quarterly basis. In this letter i received, they are only asking for a Cogscreen AE. I have not filled out a med express online since October of 2020 nor even been to my AMEs office since January of 2021. After doing some more digging online i found this on the FAA's own website.
https://www.faa.gov/about/office_or...Domingo-AFX-1-2_2018_Legal_Interpretation.pdf
From what I can gather, it states that the FAA cannot request more information from you after your special issuance medical certificate has already expired. It also states that the FAA cannot revoke or invalidate your medical authorization for failure to provide them with information if your medical certificate has aready expired, which is exactly what they are telling me they are going to do. I dont understand how they have any grounds to do what they are doing. Regardless, i have filed for an extension for the requirement and have an appointment to take a Cogscreen, but the question I am still waiting on an answer from the FAA is - Does this validate my already expired medical from 11/2021 or do I have to do everything all over again? Because the only thing listed that they are requiring is a Cogscreen, and that cannot be all that they require for me to get a new medical, which is what they say they are under the impression of me doing. I asked the supervisor that and i am still waiting on her to get back to me. If they are just asking for a Cogscreen for further information after my medical certificate already expired, it seems like the cannot deny my medical authorization for me not complying based off the article I posted.I have purchased a plane and got my PPL, halfway through my IFR and going commercial and dealing with this. In fact, that is the reason i went for a second class medical to begin with, just to be sure I could maintain one and it was a non issue. To be clear, ive never had anything questionable whatsoever that would jeopordize the safety of a flight with my health condition, and if I ever did this would all be a completely different story. I was just tired of maintaining all of the requirements that the FAA listed, so i decided for basic med until I am right on the verge of getting my CPL.
https://www.faa.gov/about/office_or...Domingo-AFX-1-2_2018_Legal_Interpretation.pdf
From what I can gather, it states that the FAA cannot request more information from you after your special issuance medical certificate has already expired. It also states that the FAA cannot revoke or invalidate your medical authorization for failure to provide them with information if your medical certificate has aready expired, which is exactly what they are telling me they are going to do. I dont understand how they have any grounds to do what they are doing. Regardless, i have filed for an extension for the requirement and have an appointment to take a Cogscreen, but the question I am still waiting on an answer from the FAA is - Does this validate my already expired medical from 11/2021 or do I have to do everything all over again? Because the only thing listed that they are requiring is a Cogscreen, and that cannot be all that they require for me to get a new medical, which is what they say they are under the impression of me doing. I asked the supervisor that and i am still waiting on her to get back to me. If they are just asking for a Cogscreen for further information after my medical certificate already expired, it seems like the cannot deny my medical authorization for me not complying based off the article I posted.I have purchased a plane and got my PPL, halfway through my IFR and going commercial and dealing with this. In fact, that is the reason i went for a second class medical to begin with, just to be sure I could maintain one and it was a non issue. To be clear, ive never had anything questionable whatsoever that would jeopordize the safety of a flight with my health condition, and if I ever did this would all be a completely different story. I was just tired of maintaining all of the requirements that the FAA listed, so i decided for basic med until I am right on the verge of getting my CPL.
