Request for Reconsideration for Denial - Guidance

[Josh G]

I'm a student pilot who has been on hold for a while pending this medical process. After progressing to the point of being ready to solo I scheduled a 1st class medical exam in May of last year thinking it would go smoothly seeing that I'm a perfectly healthy, fit, and active 30 year old; a somewhat naive decision.

I was taking lexapro for anxiety/depression from June 2020 until January 2022. It didn't do much for me, and due to an improvement in life circumstances, I felt, along with my prescribing physician, that all those issues had resolved and I didn't need the SSRI any longer. It's worth mentioning that in the year since I've last taken lexapro I haven't experienced anxiety/depression, nor were my symptoms ever serious enough to require hospitalization or any other kind of in-patient care. However due to this past diagnosis my application was deferred.

In the deferral letter the FAA asked for medical records. In the records from my doctor, there is mention of marijuana use. This resulted in a SECOND deferral asking me to explain the nature, duration, frequency, etc. of my marijuana use in addition to a clean drug test. I complied and 2 months later, in December 2022, received my denial on grounds of substance abuse, with the mention that I can submit a "written request for reconsideration," but that I have 30 days (January 11th) to do so. A second letter specifies a list of things I need to accomplish in order to be considered for a Special Issuance Authorization.

To be honest I was very shocked to get the denial considering at no point in my life have I ever been 'dependent' on illicit drugs or alcohol, and that no reasonable person would categorize my past, occasional use of marijuana as 'abuse'. At this point it's been about 15 months since I last used it. (It had been about 6 months at the time of my initial medical exam). I'm planning on writing for the reconsideration and special issuance, but I want to make sure I understand the letter and do everything exactly how they want me to.

My question is: what exactly do I need to submit to them alongside my request for reconsideration? Is it enough to just say that I want to be reconsidered and I'm going to take the steps they have laid out for me? The list of things they need from me will take time to accomplish, and although I'm willing to comply, I won't have it all done by the time the 30 days expires. Alternatively, is it better to just acquiesce to the denial and apply again from scratch at a later date? I don't want to get hit with a firmer denial Everything I've read on this forum about other cases is just making me more confused. Thank you!!

 

[Half Fast]

Try to look at your situation the way an outside observer like the FAA might. For example, when you write:

...thinking it would go smoothly seeing that I'm a perfectly healthy, fit, and...

To the FAA, that's not true. You are NOT perfectly healthy. You have been diagnosed with anxiety/depression and you have been taking an SSRI for it. Perhaps you no longer need it, but it's also possible that you still have the anxiety/depression but now that you're off the med your condition is untreated. That's what they'll have to determine.

Now, when you write:

...no reasonable person would categorize my past, occasional use of marijuana as 'abuse'.

Plenty of reasonable people (and the FAA) would categorize obtaining and using a federally prohibited psychoactive substance for recreation as "abuse." If you don't see it that way, that in itself is a problem. Try to see the situation through an evaluator's eyes.

Regardless of that, though, this is what the form says:

You have used an illegal substance within the last two years, yet you stated otherwise on the application (lying on a federal form is itself illegal, by the way) and the FAA found out from your medical record. Can you see that your credibility is damaged?

Now, regarding:

Is it enough to just say that I want to be reconsidered and I'm going to take the steps they have laid out for me? The list of things they need from me will take time to accomplish, and although I'm willing to comply, I won't have it all done by the time the 30 days expires.

Our house AMEs ( @bbchien and @lbfjrmd ) might want to weigh in here, but my guess is that if you just submit a letter requesting reconsideration without giving them something new to consider, they'll just reach the same conclusion again. Why wouldn't they? If you truly can't get the list submitted by the deadline, I don't see the point in making the request. You have a denial now; why get a new one? Just work with your AME to put everything together and start over. You can expect an SI to take a fair amount of time.

Step 1, though, is to go discuss the entire situation, including the letter and the list from the FAA, with your AME and see what he recommends.

 

[lbfjrmd]

"My question is: what exactly do I need to submit to them alongside my request for reconsideration? Is it enough to just say that I want to be reconsidered and I'm going to take the steps they have laid out for me?"

YES

You then will have 60 days to do and compile the data they want. And a 30 day extension if needed. Your AME should be able to help. If he/she cannot help ... find one that can!

 

[Josh G]

Thanks for the reply. As far as the anxiety/depression issue, yes I admit to naivety in regards to that diagnosis and the FAA's attitude toward it, and I understand that they need to do their due diligence as far as that's concerned. This is not a continuing or recurring issue in my life and I'm fully confident I can demonstrate that to them.

You have used an illegal substance within the last two years, yet you stated otherwise on the application (lying on a federal form is itself illegal, by the way) and the FAA found out from your medical record. Can you see that your credibility is damaged?

Also a fair point, though it's worth mentioning (although surely not valid through the eyes of the FAA) that marijuana is legal at the state level in much of the country and that the context of my use was only ever illegal 'federally,' though obviously that is what matters to them and it was foolish to not disclose it when I initially filled out the form. I'll use the same language I used regarding anxiety/depression: this is not a continuing/recurring issue in my life and I'm happy to prove that to them.

Thanks again for the reply. I've been waiting to hear back from my AME for two days and want to take action before this 30 day deadline runs out which is why I posted, but I'll definitely be discussing this all with him

 

[TCABM]

…My question is: what exactly do I need to submit to them alongside my request for reconsideration?..

Engage an AME with experience in these matters. @lbfjrmd is one. Another is @bbchien.

Outside of that, not much else to do. You may have a long hill to climb, but it may, although not guaranteed to be summit-able.

 

[Lndwarrior]

Try to look at your situation the way an outside observer like the FAA might. For example, when you write:



To the FAA, that's not true. You are NOT perfectly healthy. You have been diagnosed with anxiety/depression and you have been taking an SSRI for it. Perhaps you no longer need it, but it's also possible that you still have the anxiety/depression but now that you're off the med your condition is untreated. That's what they'll have to determine.

Now, when you write:



Plenty of reasonable people (and the FAA) would categorize obtaining and using a federally prohibited psychoactive substance for recreation as "abuse." If you don't see it that way, that in itself is a problem. Try to see the situation through an evaluator's eyes.

Regardless of that, though, this is what the form says:

View attachment 113738​

You have used an illegal substance within the last two years, yet you stated otherwise on the application (lying on a federal form is itself illegal, by the way) and the FAA found out from your medical record. Can you see that your credibility is damaged?

Now, regarding:



Our house AMEs ( @bbchien and @lbfjrmd ) might want to weigh in here, but my guess is that if you just submit a letter requesting reconsideration without giving them something new to consider, they'll just reach the same conclusion again. Why wouldn't they? If you truly can't get the list submitted by the deadline, I don't see the point in making the request. You have a denial now; why get a new one? Just work with your AME to put everything together and start over. You can expect an SI to take a fair amount of time.

Step 1, though, is to go discuss the entire situation, including the letter and the list from the FAA, with your AME and see what he recommends.

Perhaps the least judgemental and intelligent response I have ever seen to such a medical question on this board. This forum could benefit from more people like you.

 

[bbchien]

There is a lot of information in that denial and “for further consideration” letter that perhaps you aren’t getting….but I suspect you need proven sobriety and a high level evaluation” IAW part 67, rather that “But I’m fine”, which is only, to FAA, an assertion…..

 

[Half Fast]

rather that “But I’m fine”, which is only, to FAA, an assertion…..

And that assertion is from someone who has already made a false statement on the medical form (pot use).

 

[Josh G]

There is a lot of information in that denial and “for further consideration” letter that perhaps you aren’t getting….but I suspect you need proven sobriety and a high level evaluation” IAW part 67, rather that “But I’m fine”, which is only, to FAA, an assertion…..

As I said, I'm more than willing to take the steps they've laid out for me, and obviously saying 'I'm fine' is not sufficient and not what I'm suggesting. As I've already made mistakes in this process, I'm eager to do everything correctly from here on out and I want to make sure I'm providing them with what they expect, when they expect it.

And that assertion is from someone who has already made a false statement on the medical form (pot use).

Yep, I screwed up. I can't unfry the egg. Fortunately there seems to be a path toward redemption and I'll keep pushing toward that goal.

I just spoke with someone at the FAA and the information I was given lines up with what @lbfjrmd said. Thank you all for your responses and advice.

 

[Baked Potato]

And that assertion is from someone who has already made a false statement on the medical form (pot use).

But that use may or may not have been illegal depending on where he resides?

 

[SkyChaser]

But that use may or may not have been illegal depending on where he resides?

It is illegal at a federal level. It was a federal form, so they don't care if it's legal at a state level. They're at a federal level. He also lied and said he hadn't used it within the last two years, when he's used it as recently as six months ago. It really doesn't matter that it was legal where he resided.

 

[SamSES]

I found some CCTV footage of the inner workings of the FAAs medical professionals

 

[Palmpilot]

But that use may or may not have been illegal depending on where he resides?

It's illegal if he resides in the United States. His state not having a law against it does not alter that fact.