Failure to disclose sleep apnea

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I have had sleep apnea for ten years. Currently have a PPL and third class medical. Didn't disclose initially and again for first renewal. Did not realize sleep apnea should have been reported. Plan on going to AME with sleep study, letter from doctor that says I am fit to fly, results of machine, and an apology letter to faa for not doing what I was supposed to do. What is going to happen? And how long before it does? Any ideas?
 
The first thing you should be doing is consulting with an aviation attorney. Let he or she guide you on how to best handle your non disclosure. Speak with the Attorney before going to the AME and before sending the "apology letter" to the FAA.
 
From what I heard from doctor Bruce the faa doesn't want to enforce unless it has too, takes to much man power. Instead if you disclose the condition to them hey will send a letter acknowledging and warning of the consequences of it were to happen again . However, I don't thin you need to pay for an attorney. Ron any input?
 
Unregistered said:
From what I heard from doctor Bruce the faa doesn't want to enforce unless it has too, takes to much man power. Instead if you disclose the condition to them hey will send a letter acknowledging and warning of the consequences of it were to happen again . However, I don't thin you need to pay for an attorney. Ron any input?
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Yes -- Bruce is a great source for medical advice, but he's not an attorney. Adam is an attorney, and attorneys are a much better source for legal advice. So, I'd discuss this with both Bruce and an aviation attorney before doing anything. Also, since you now know your medical was not properly obtained, I would advise not flying in a medical-required operation until the situation is resolved with a new issuance or other FAA approval.
 
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asgcpa said:
Consult with Dr Bruce Chien.
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Ditto. You don't want to do anything without talking with him or one of his collegues. Don't send anything to the FAA, you're not going to do it right.

You don't need an attorney. Yes, you're exposed to enforcement because you screwed up. Having an attorney does not change that and having an attorney does not stop the FAA from taking action if they choose to. The FAA is usually more interested in having safe pilots than in having ex-pilots unless you're either unfit to fly or display attitudes that they judge make you dangerous. Work with Dr Chien and do what he tells you to do.

And ground yourself now. It's a much stronger position if you've grounded yourself and do the testing to prove that you're OK before you talk with the FAA. Yes, it means you go months without flying. Get an instructor or friend to be PIC if you really need to fly.

You have a medical problem. Put your emphasis on taking care of yourself, make sure your priorities are in order.
 
PS - after all the "you'll go to a Federal pound you ... prison" posts, the OSA SI is pretty simple to deal with.
 
For me, if an attorney (who isn't trying to get my business) tells me I need to consult an attorney, well, that's who I'm calling. Then I'm calling Dr. Bruce and doing what both of them tell me.

Good Luck, I hope this gets straightened out quickly.
 
Matthew said:
PS - after all the "you'll go to a Federal pound you ... prison" posts, the OSA SI is pretty simple to deal with.
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This is true, but getting the SI is a pain if you haven't had the sleep study and wakefulness test done yet and are newly diagnosed. Bruce will tell you that you absolutely have to have the wakefulness, and in your specific case it will probably help grease the skids at the FAA, but I've also heard its not necessary.

I am not now, nor have I ever been an attorney however. I've only walked your same mile (and maybe a little more). And yes, I'm one of many that have been to Peoria. ;)
 
I had OSA. Went the sleep study, use a CPAP. The SI is no big deal. Download the data; proof of use; letter from your doctor. I am not an expert that's why you should seek one. With that, good night all.
 
I think some are missing the point, The OP's problem is NOT sleep apnea. I suspect he can likely still get a medical with the right assistance. His problem is that for two medicals in a row he failed to disclose a known medical condition.I said it before that in my opinion you should be contacting an aviation attorney to protect yourself. AOPA maintains a list of Aviation Attorneys who can assist. Best of luck.
 
iflyvfr said:
This is true, but getting the SI is a pain if you haven't had the sleep study and wakefulness test done yet and are newly diagnosed. Bruce will tell you that you absolutely have to have the wakefulness, and in your specific case it will probably help grease the skids at the FAA, but I've also heard its not necessary.
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Dr Bruce told me the wakefulness test was not required, and I got my SI without one.
 
AdamZ said:
I think some are missing the point, The OP's problem is NOT sleep apnea. I suspect he can likely still get a medical with the right assistance. His problem is that for two medicals in a row he failed to disclose a known medical condition.I said it before that in my opinion you should be contacting an aviation attorney to protect yourself. AOPA maintains a list of Aviation Attorneys who can assist. Best of luck.
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Adam, if I recall, part if the problem is the way the MedXpress questions are worded. There is no specific question, ie do you have sleep apnea? Dr Bruce had to ask me the question due to my weight history. Instead, the question is buried as a "pulmonary disease". I misread the question as one asking about lung issues as emphysema, copd, etc. Maybe the OP just misunderstood a poorly worded question.
 
JimNtexas said:
Dr Bruce told me the wakefulness test was not required, and I got my SI without one.
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Believe me, I would have skipped it if I had been advised otherwise. Mine was 5 years ago.

I did however, ask and get the OK to sleep at home and come in for the test the next morning. Highly recommended approach. :yes:
 
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