lying/ommitting on medical

[Unregistered]

what would you advise someone who had recently become subject to allergies and asthma (both controlled) and lied/ommitted about it on a recent first class medical? they are ready to come clean and report it on the next one but are worried about it being in their medical history. should an attorney be contacted? dr bruce?

 

[bflynn]

Talk to Dr Bruce, give him a check for a consult and then say "I royally screwed up, I didn't report this".

There are ways to get straight again, but it might take some time.

 

[poadeleted20]

First thing to do is contact an AME like Bruce Chien to find out if your allergy condition is disqualifying or not. If it isn't, then you can do what was suggested above. However, if the condition is disqualifying, you should a) stop flying and b) contact an aviation attorney for how to arrange to anonymously inform the FAA about your inaccurate application and arrange an amnesty.

 

[Morgan3820]

What allergies?

 

[James331]

First find out if it's disqualifying

Find out if it's on a record the FAA will ever be able to see, I.e. You bought some Viagra in Mexico once or something

Then talk to Bruce.

However, if the condition is disqualifying, you should a) stop flying and b) contact an aviation attorney for how to arrange to anonymously inform the FAA about your inaccurate application and arrange an amnesty.

... Or just stop flying and don't renew your medical ever again.

 

[poadeleted20]

Find out if it's on a record the FAA will ever be able to see,

I wouldn't recommend that anyone bet on the Federal government not being able to find a medical record. And remember that Martha Stewart went to jail not for illegal financial activities, but rather for lying to the Feds about things she had done legally.

 

[stratobee]

It's like talking to law officers. They'll be the first to tell you themselves - never, ever volunteer info to them. Nothing good comes from it. Same with the feds or AME's: never give up information, they're not on your side and they won't "understand" or give you points for being honest. Unless it's debilitating or a true hazard for flight safety, keep mum. So what if you had a spliff 2 years ago or are allergic to cats?

 

[dans2992]

What do you mean you're "worried about it being in their medical history?" Do you mean you're worried that by reporting it, you'd be adding it to your medical history, or that you are worried it will be discovered in your medical history by the FAA if you didn't report it?

Since you're talking first-class medical, your career likely depends on it, so tread carefully....

 

[dans2992]

I wouldn't recommend that anyone bet on the Federal government not being able to find a medical record. And remember that Martha Stewart went to jail not for illegal financial activities, but rather for lying to the Feds about things she had done legally.

Nothing is a sure thing, it's all about odds. You have to weigh:

1. If you report it - The odds of being disqualified for a medical, or having to jump through ridiculous hoops for one

vs...

2. The odds of the FAA pulling records, putting two and two together, and being interested enough to pursue you on it.

 

[poadeleted20]

Nothing is a sure thing, it's all about odds. You have to weigh:

1. If you report it - The odds of being disqualified for a medical, or having to jump through ridiculous hoops for one

vs...

2. The odds of the FAA pulling records, putting two and two together, and being interested enough to pursue you on it.

...and the potential criminal penalties for getting caught violating 18 USC 1001.

 

[RotorAndWing]

Nothing is a sure thing, it's all about odds. You have to weigh:

1. If you report it - The odds of being disqualified for a medical, or having to jump through ridiculous hoops for one

vs...

2. The odds of the FAA pulling records, putting two and two together, and being interested enough to pursue you on it.

When you consider that CAMI does over 500 enforcements a year, I'd say those odds are pretty good.

 

[dans2992]

When you consider that CAMI does over 500 enforcements a year, I'd say those odds are pretty good.

Are there records of these cases available to the public?

I heard a number bouncing around that at least 10% of pilots would not qualify for their medical if they were fully honest. Or, maybe it was that 10% don't even hold a medical, I forgot.

Just curious if these 500 are CAMI going through people's pre-school records looking for evidence of ADHD and revoking their medical, or sanctioning the guy who crashed his plane and doesn't have a medical.

 

[JeffDG]

I wouldn't recommend that anyone bet on the Federal government not being able to find a medical record.

I've been entirely honest, but the majority of my medical records are beyond the jurisdiction of even the FedGov

 

[Clip4]

What is the likey response from the FAA when the applicant basically admits on a subsequent Class 1 medical application that they lied on the previous application?

There was a formal amnesty period for the folks on anti-depressants.

 

[poadeleted20]

What is the likey response from the FAA when the applicant basically admits on a subsequent Class 1 medical application that they lied on the previous application?

No canned answer for that -- could be anything from "just don't do it again" to an Emergency Revocation, depending on what it was and what they've done since. However, there's also the fact that a First Class medical is required only for operations requiring an ATP, and ATP's must meet a higher standard, specifically, the "good moral character" clause; lying on a medical is grounds for revocation on that basis -- see various cases on point in the NTSB files. That said, the fact that someone came forward and admitted it demonstrates at least a currently positive attitude toward compliance, and that goes a long way towards softening the FAA's heart.

 

[Jeff Oslick]

To the OP, you may want to have an off-the-record discussion with Dr. John Phillipp, based in Glendora, CA. (his # is out there on the web). He is a senior AME, and handles many difficult cases, but is also a professional allergist, so he might have a different spin on this than other AMEs, in your particular case.