Legal Guidance for Medical Responses (AOPA + Pilot Protection?)

[Seeking Guidance]

Hi all- my medical was denied due to a legal incident that occurred many moons ago.

The FAA has sent me a letter requesting the "circumstances" surrounding the incident along with other vague requests.

I will of be 100% truthful in my response; however, I am unsure how to answer them as they are not asking me a direct question concerning it. What do they mean "circumstances?"

I want to be co-operative and ensure I provide them with the information they are requesting, while at the same time I want to ensure I do not say something that is misinterpreted and requires further explanation.

I would like to hire an attorney to help me navigate the answers as well as obtain the other information they are requesting as I do not have it. Is there anyone out there that you could recommend?

Would AOPA with Pilot Protection Services be of any assistance?

 

[WDD]

Call AOPA and ask them if they can help. I think they could. I've always found them very helpful.

 

[TCABM]

Denied or deferred? Legal issue relating to DUI/Drug arrest/conviction? Lawyers probably won’t be able to help with that.

 

[midlifeflyer]

Denied or deferred? Legal issue relating to DUI/Drug arrest/conviction? Lawyers probably won’t be able to help with that.

True. But the first step is to find out.

 

[midlifeflyer]

What do they mean "circumstances?"

They want to to tell them what happened in your own words. Were you out of work and stole the loaf of bread to feed your starving children? Or was it a lark on a bet from your friends at the frat house?

And yes, professional advice is always a plus. The goal is to (a) be truthful and not minimize, but (b) avoid saying something unnecessary or in the wrong words to make things worse.

Yes, Pilot Protection Services is helpful. Sometimes they can give you guidance directly; other times they may guide you to someone to help on a one-on-one-basis. It may be legal or it may be medical. A lot depends on the specifics.

 

[flyingron]

Frankly, AOPA is *NOT* going to be of help to you. I've been through that. An attorney isn't going to get any traction with the aeromedical department either.
You need to be working with an expert with the aeromedical system (that will be a subset of the AMEs out there not an attorney).

You're a little scant on the details. Usually, with a criminal conviction enough to awaken their notice, there's an "it's unclear if you meet the requirements" letter which includes a lot of psychological testing. Some of it is perfunctory (MMPI, ink blots, etc...) and some is going to be a longer subjective analysis by a recognized psychiatrist which is going to take as many visits with him as he feels he needs to have your evaluation.

One thing that did help in my situation is some conversation with the regional flight surgeon and her pilot advocate. She was able to decode the initials at the bottom of the letters sent out to allow some direct communication (which I suspect OKC would prefer not to happen). Probably shaved several weeks of mailing back and forth.

 

[bbchien]

They want your narrative of exactly what happened.
And even if they didn't ask for it things they will:
Evidence that you have no had a continuing bad record: Criminal background search and 10 year DMV search. Perhaps even recommendations for supervisors as to your reliability and trustworthiness (or clients).

The decision point is all about whether you need a HIMS psychiatry investigation or not, to resolve it....or whether a denial will be the end.

We can tell lots of things from your narrative:
"The writer exhibits defiance and thinks it was no big deal, what's YOUR problem"
"The writer's tale is improbable-->he is gilding the lily, not lying but not able to address the unvarnished truth" (too much varnish).
"The writer appears to have insight and has had no further incidents for 10 years...."

I've read hundreds of these. Some, I advise, "You have no chance. Just stop here". Others I read and know that they are fully completely recovered and for them it wil NEVER EVER happen again.

So far it's been pretty accurate.
Also understand, that what you want has to given to you by the Doctors. There isn't a lawyer in the county that can grant you an authorization to fly.

Now note that in the case of the confirmation of Mr. Cavanaugh to the Supremes, he was below the standard for an ATP medical but he was confirmed anyway. That is the one circumstance in which the legal community can get you, what you wanted. It sez something about our national priorities. And now I will say no more.

B