DENIED A MEDICAL CERTIFICATE?
What can you do? There are two courses of action available to an individual who has been denied medical certification by the FAA.
THE FIRST ALTERNATIVE (with the NTSB) is available to individuals who, after receiving the FAA’s medical certificate denial letter, believe that they are medically qualified for unrestricted medical certification under the applicable medical regulations (specifically §§ 67.101-113, 67.201-213 and 67.301-313 of the Federal Aviation Regulations.
If an individual believes that he or she is qualified for an unrestricted medical certificate, he or she should seek NTSB review of the FAA’s denial action. The NTSB has the statutory authority to review the FAA’s determination as to whether an individual is qualified for unrestricted medical certification, and the first and most important step in obtaining NTSB review of the FAA denial is to file a petition requesting review by the NTSB no later than 60 days from the mailing/postmark date of the FAA’s denial letter, with the Office of Administrative Law Judges, National Transportation Safety Board. The petition may be in the form of a letter. You must provide a copy of the FAA’s denial letter with the petition.
An individual may, at the same time he or she is seeking NTSB review of the FAA’s denial of unrestricted medical certification, pursue special issuance certification from the FAA. The method to do this is discussed below. In such a case, the individual may request that the NTSB hold his or her petition for review of the FAA denial of unrestricted certification in abeyance pending the outcome of a special issuance request. However, a petition for review of an FAA unrestricted medical certificate denial cannot be held in abeyance by the NTSB for more than 180 days from the date on which the FAA informed the applicant/petitioner of the denial of unrestricted certification.
THE SECOND ALTERNATIVE (with the FAA) is for an individual who may not meet the qualifications for unrestricted medical certification to request a “special issuance” medical certificate from the FAA. Decisions on whether or not to grant special issuance certification (and what restrictions to impose on a special issuance certificate) are completely within the FAA’s jurisdiction, because the NTSB has not been given statutory authority by Congress to grant or deny special issuance status. Thus, the NTSB cannot, and does not accept any request for the issuance of a special issuance certificate, or for review of an FAA denial of special issuance certification. Special issuance requests should be directed to the Manager of the FAA's Aerospace Medical Certification Division.
WHAT CAN WE DO?
FIRST- you must determine if seeking an FAA Medical Certificate is an obtainable goal. There are some past medical histories and disqualifying conditions which automatically prevent the FAA from issuing a Medical Certificate. When that is the case, we advise you of this.
SECOND- assuming the objective is reasonable, and not precluded by the FAR's, we create a strategy crafted to your individual situation with the ultimate objective of achieving a Certificate. While no one can guarantee an outcome- we will work tirelessly and diligently on your behalf.
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