Agreed. The reason I don't want to do this is that it would reset my medical date and require me to either drive quite a distance to my regular AME in a different state (since I won't be able to fly myself, but preferable, since he's very good, if a bit expensive); or else find a good AME here, something I've been unable to do yet. This is a fairly remote, rural state, with very few local resources for pilots.
Thanks Mike, but like I said, my guy is pretty good too. Also a difficult case AME with a lot of devoted pilot clients. The game changer would be someone of the same caliber locally, but such an animal does not seem to exist.
[/QUOTE]
Does something Dr. Bruce or some other AME has said lead you to believe the FAA is going to revoke your medical even if they find out you currently have a disqualifying condition? Maybe they don't care as long as you are not going flying when you shouldn't. I can understand you not wanting to take that chance, though. Is Dr. Bruce is suggesting you turn in your medical voluntarily so that you can claim that it was never revoked or denied?One thing that may not have been clear in my OP is that he is apparently not just doing this on his own initiative, but has been advised by the rehab agency's lawyers to do it. As such, I'm not sure that threats from me against him personally are going to carry much weight. I need, at the very least, good legal representation.
According to Yodice's latest communique, the best way to find a qualified attorney from the panel list is to ask a few local attorneys on the list for references. There is exactly one (1) local attorney on the list.
I will probably end up saying just that but first I want to know what legal basis they are going by, if for no other reason than to be able to discuss it with my own lawyer, once I have one. I do respect your point though, that I have to be very careful not to give them anything they can use against me.
Not sure what you are driving at here.It's mostly that I don't want to take the chance. If they send a letter requesting "more information" with a deadline, I am pretty well screwed, unless I send in my medical.
I will probably end up saying just that but first I want to know what legal basis they are going by, if for no other reason than to be able to discuss it with my own lawyer, once I have one. I do respect your point though, that I have to be very careful not to give them anything they can use against me.
I think that once they say they are reporting it, you don't have anything to lose by following up.
What bear poking? This was in response to my question about their legal basis for reporting directly to the feds. I've talked to a lawyer (got back to me this afternoon) who is equally interested to know the case they are basing their position on.
It's not at all clear to me that they won't take action. For one thing, I own an airplane. From what I've read, that's one of the criteria for emergency revocation, particularly given the information is coming from a third party (and presumably that third party has an urgent reason for reporting, right? since this is not done routinely). For another, as I said in the OP, I just don't want the stress of back and forth with OKC at this time, if they ask me for further info.
Or more seriously find a real FAA office most likely to drop the ball and forward their contact info.:wink2:
I would not say the MD has "reasonable cause" to believe this unless he or she has evidence that you are trying to exercise the privileges of you medical certificate. You are self-grounding. But IANAL.
I have the case printout. It is not very long and has mostly to do with state case law. The name of the state and case citation are redacted as there are so few POAers from this state that it would be identifying if I revealed it.
So there you have it, the rehab director believes I present a threat to public safety purely because I am a pilot and own an airplane and am currently unfit to fly. However, the wording of the HIPAA exception implies that the only reasonable interpretation on the part of the FAA, when they see the rehab report, is that I'm a rogue pilot who has expressed an intent to continue flying despite the injury.
That's emergency revocation territory.
My lawyer is out of the office until late this afternoon, so no word from him yet on whether or how this can be fought, or whether I should be thinking seriously about sending in my medical for cancellation.
Bingo. And if they report, they are declaring reasonable cause to believe, which I would interpret exactly the same way you do, that they think I am trying or will try to exercise the privileges of my medical cert.
Not for self grounding, but for (implied) NOT self grounding. Read the post again. Physician informs FAA under good faith belief that a threat to public safety exists, which doesn't make sense if pilot if self-grounding. You wouldn't expect to see many cases like this in the literature because the number of care providers who would blab to the FAA under these circumstances is vanishingly small.