Depression and Piloting

[Unregistered]

Will being treated with depression with anti-depressants cause an issue getting your medical? Will it ever become an issue if one was going to become a commercial pilot? In other words, if it is an issue, where does the FAA or whatever governing body it is draw the line?

 

[KennyFlys]

While I can't speak to your specific issue... Whatever you do, do not sign a 8500 until you have first consulted the Aviation Medical Examiner on your specific case. Make sure he or she is a senior examiner with substantial experience in special issuance medical certificates.

They will know how to best prepare necessary copies of records and other information to get you past any potential hurdle for your specific situation.

Hopefully, Dr. Bruce will come up soon and ofter more detailed information.

 

[Henning]

Will being treated with depression with anti-depressants cause an issue getting your medical? Will it ever become an issue if one was going to become a commercial pilot? In other words, if it is an issue, where does the FAA or whatever governing body it is draw the line?

Yes, you will have problems if diagnosed with mental issues (including depression) and are taking antidepressants. There are attempts in process to allow for a 3rd class medical for a very limited set of asymptomatic monopolar depressives being treated by SSRIs. At this point, there is nothing in the future to allow for any psychotropic meds for commercial level 2nd and 1st class medicals nor any active issues of mental illness. Should you work through the issues and meet an observerved period of time with no issues and pass a major battery of tests without the use of medications, then maybe, just maybe, they might consider issueing you a medical.

At this time, your best option, should the physician helping you with this agree, is to go Sport Pilot for now (flying is flying really) and research AMEs, some are more educated on all this than others, and go to them for a consultation, do not fill out an 8500 Application for an Airman Medical until you KNOW you are in a position to get it passed through.

At this point, the FAA brooks NO margin whatsoever, there is one exception, and he had to sue the FAA for his medical.

 

[poadeleted20]

Essentially, if you are diagnosed with clinical depression and on anti-depressants, you will not be flying again until at least six months after you stop taking those drugs and have been psychiatrically cleared of the condition.

 

[bbchien]

Unreg, if your total exposure to the antidepressive was less than 6 months the AME is empowered to make the call.

Longer than that, there are many many hoops through which to jump. Lying and omitting is nearly always eventually found out, and if you have it's the end of the career. Currently, the psych eval for this usually runs about $2K financed privately. I may be out of date in the cost department.

 

[TMetzinger]

A buddy of mine is a fed agent, and just finished going through a similar process to get cleared to resume his duties. His bill was around $4K (fully covered), but that's in the DC area (expensive), and doesn't reflect the discount that folks without coverage usually get when paying for it. So Bruce's $2K estimate is probably a safe bet as a minimum cost for most places except the really expensive areas (like LA, NYC, etc).

 

[Unregistered]

Would someone run into problems getting any type of pilot's license, or just certain ones (lets say the person took the medicine for more than 6 months)?

I am confused. I understand not being a commercial pilot, but I don't see the harm in recreational flying while suffering from a condition that is being treated. Are the issues with getting a medical for ANY license, or just those like instrument ratings and commercial ratings?

Also, would this affect someone pursuing an light-sport aircraft license?

 

[poadeleted20]

Would someone run into problems getting any type of pilot's license, or just certain ones (lets say the person took the medicine for more than 6 months)?

It's not the pilot certificate, it's the medical certificate, and yes, it would affect all classes of medical certificate.

I am confused. I understand not being a commercial pilot, but I don't see the harm in recreational flying while suffering from a condition that is being treated. Are the issues with getting a medical for ANY license, or just those like instrument ratings and commercial ratings?

The issues would affect even the lowest (Third) class of medical certificate, which is required for all airplane pilot certificates other than the Light Sport.

Also, would this affect someone pursuing an light-sport aircraft license?

That's not entirely clear. If you have a valid driver's license, and your personal physician says that your medical condition will not prevent you from safely acting as a light sport pilot, and you have never had an FAA medical certificate denied or revoked, the guidance from the Federal Air Surgeon suggests you could legally fly light sport despite a condition which would result in a denial of a medical certificate. However, this has never been addressed by the FAA Chief Counsel.

 

[dmccormack]

If you have a valid driver's license, and your personal physician says that your medical condition will not prevent you from safely acting as a light sport pilot, and you have never had an FAA medical certificate denied or revoked, the guidance from the Federal Air Surgeon suggests you could legally fly light sport despite a condition which would result in a denial of a medical certificate. However, this has never been addressed by the FAA Chief Counsel.

Holy Lawsuits, batman...

So there are many, many test cases out there flying LSA with just a Driver's License who may be found -- after the accident -- to have been flying illegally?

Wow.

 

[TMetzinger]

I don't think they'll have been found to be operating "illegally". "Carelessly", "Recklessly", perhaps.

Operating in compliance with the FAR is no real protection in the event of a lawsuit, though it MAY affect your insurance coverage.

 

[poadeleted20]

Holy Lawsuits, batman...

So there are many, many test cases out there flying LSA with just a Driver's License who may be found -- after the accident -- to have been flying illegally?

Wow.

Given what it says in Administrator v. Merrell and NTSB, 190 F. 3rd 571, 577 (D.C. Cir, 1999)...

The FAA is not required to promulgate interpretations through rulemaking or the issuance of policy guidances, but may instead do so through litigation before the NTSB. ... The fact that this mode of regulatory interpretation necessarily is advanced through the "litigation statements" of counsel does not relieve the NTSB of its statutory obligation to accord it due deference. ...the FAA is entitled to launch new policies through administrative adjudication...

...yes, it's entirely possible that the FAA could announce via an enforcement action that a Light Sport Pilot who has a serious medical condition (like clinical depression) or is taking a psychoactive drug (like an SSRI) is in violation of 14 CFR 61.53(b)/(c) even if s/he has found a non-AME physician to say it's OK. Remember -- regardless of the FAS's guidance, the plain language of the regulation itself puts the onus on the pilot, not his/her personal physician.

Section 61.53: Prohibition on operations during medical deficiency.

(b) Operations that do not require a medical certificate. For operations provided for in §61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.
(c) Operations requiring a medical certificate or a U.S. driver's license. For operations provided for in §61.23(c), a person must meet the provisions of—
(1) Paragraph (a) of this section if that person holds a valid medical certificate issued under part 67 of this chapter and does not hold a current and valid U.S. driver's license.
(2) Paragraph (b) of this section if that person holds a current and valid U.S. driver's license.

Please note that I'm merely speculating on possibilities based on precedent cases and the wording of the regs. I have no reason to believe one way or the other what the FAA might actually do in such a case.

 

[Henning]

Would someone run into problems getting any type of pilot's license, or just certain ones (lets say the person took the medicine for more than 6 months)?

I am confused. I understand not being a commercial pilot, but I don't see the harm in recreational flying while suffering from a condition that is being treated. Are the issues with getting a medical for ANY license, or just those like instrument ratings and commercial ratings?

Also, would this affect someone pursuing an light-sport aircraft license?

Light Sport does not require a medical, the onus is on you to determine whether you are safe to fly.

As for any rating requireing a medical, as it currently stands there are no provisions for issuance of a medical of any class to the person you state (taking SSRIs for more than 6 months) while actively taking them, and if no longer taking them, without the full workup required outside of sueing the FAA.

 

[dmccormack]

Please note that I'm merely speculating on possibilities based on precedent cases and the wording of the regs. I have no reason to believe one way or the other what the FAA might actually do in such a case.

...but that reasoning would not beyond the scope of an insurance provider due for a payout....