The Inspector General recommended that FAA work with the Social Security Administration (SSA) and other disability benefits providers, to develop and implement a strategy to conduct checks of applicants for airman medical certificates with the databases of SSA and other disability providers, and take appropriate enforcement actions where falsifications are found. The IG also recommended that FAA consider revising our Application for Airman Medical Certificate to require applicants to explicitly identify whether they are receiving medical disability benefits from any provider. I am pleased to inform you that the FAA is moving forward to implement both of the IG’s recommendations.
FAA is working to develop a program, in cooperation with the Office of the Inspector General for the Social Security Administration (SSA), to cross-check randomly selected applicants for FAA airman medical certificates with the SSA disability database to determine if any applicants are receiving disability benefits from SSA. We hope to start by cross-checking applicants to the SSA database, because to receive SSA disability benefits, an individual must be totally disabled. Thus, virtually any applicant who is receiving SSA disability benefits will necessarily have a condition that would disqualify the applicant from holding an airman medical certificate from the FAA. We are still in discussions with the Social Security Administration, with the goal of signing a Memorandum of Understanding regarding the use of their database, and exactly what information the SSA will be able to divulge without violating privacy rules. Before we consider expanding the cross-checking of applicants to disability databases other than the Social Security Administration, we have to consider the potential resources required to conduct investigations and make medical determinations regarding an applicant’s disability and whether that condition disqualifies the applicant from holding an airman medical certificate.
In order to proceed with cross-checking applicants for airman medical certificates against the SSA disability database, or any other database, FAA must first revise the system of records notice for FAA’s “Aviation Records on Individuals” to permit disclosure of the records through a routine use. This will require publishing a notice of the revised system of records in the Federal Register, and a period for public comments, before the records may be disclosed, and FAA can begin any cross-checking. This process may take six to twelve months to complete. However, we will immediately begin efforts to implement the IG’s second recommendation, the addition of a question to the airman medical certificate application regarding disability benefits. The FAA will take appropriate administrative actions to change the application form to include the new question. Once that is completed, the new application form can be printed and distributed to Airman Medical Examiners (AME) nationwide.
We are proposing to change the Airman Medical Certificate application to add a question specifically asking if the applicant is receiving any disability benefits. While this additional question appears straightforward, the investigative work will begin after a positive response to the question. Once an applicant indicates that he or she is receiving disability benefits, FAA must then investigate to determine the disability benefits provider, the condition for which the applicant is receiving disability benefits, and the extent of the applicant’s disability. Social Security disability benefits, as I’ve already stated, are based on 100% disability, and would, presumably, disqualify the applicant from holding an airman medical certificate in virtually all cases. However, the Department of Veterans Affairs (VA) disability benefits, for example, cover a wide range of gradation from minor disabilities to total disability, and many conditions that would qualify for VA benefits would not necessarily disqualify the applicant from holding an airman medical certificate.