By John Alan Cohan, Attorney at Law
In Northern California,
46 pilots have been indicted for lying to federal authorities to
obtain medical certification from the FAA while, not disclosing
debilitating conditions that would ordinarily disqualify them from
holding pilot certificates. The pilots were identified during an
18-month criminal air traffic safety investigation by the FAA and
the Social Security Administration. The pilots claimed to be
medically fit to fly, yet at the same time were receiving Social
Security payments for medical disabilities.
The investigation looked into more than 40,000 pilots, and the
California indictments may be just the tip of the iceberg. The
investigation involved both commercial and private pilots.
“The fraud and falsification allegedly committed by these
individuals is extremely serious and adversely affects the public
interest in air safety,” according to Nicholas Sabatini, an
FAA associate administrator.
The investigation initially focused on 48 pilots, most of whom
were receiving disability payments for illnesses such as paranoid
schizophrenia, bipolar disorder and disabling heart conditions. The
FAA’s Office of the Flight Surgeon has jurisdiction to
certify pilots as to medical fitness. A surprising number of pilots
face denial of medical certification based on mental disorders and
other conditions. Many common conditions, such as cardiac valve
replacement or permanent cardiac pacemaker implantation, preclude
medical certification at the present time.
“To get their certificates, these people had to lie or
falsify paperwork,” according to Charles H. Lee, Jr., an
assistant inspector general for investigations at the Department of
Transportation.
According to court
documents, the pilots in question failed to provide true statements
on their medical history forms, as required by the FAA, in some
cases lied about a previous illness or said that there had been no
prior medical diagnosis or treatment for conditions for which the
pilots were separately receiving disability payments.
It is not at all clear whether physicians are also involved in
the scandal. An FAA-designated Aviation Medical Examiner (AME) must
examine pilots before medical certification can be obtained.
Presently, the Flight Surgeon lists about 200 nonapproved
medications, including antidepressant drugs known as seratonin
uptake inhibitors such as Prozac, Paxil, Zoloft, Luvox, Celexa and
Effexor. Even if you have have just a mild mood disorder and take
Prozac, you will have a problem getting medical certification. A
surprising number of pilots face denial of medical certification
because they are taking antidepressant or seratonin blocker drugs
(SSRI’s) such as Prozac, which could imperil a pilot’s
functions. Medical certification requires that airmen be able to
exercise the duties privileges of a pilot in the class applied
for.
In addition, numerous medical conditions will disqualify you
from medical certification, including, among others: diabetes
mellitus, myocardial infarction, cardiac valve replacement,
permanent cardiac pacemaker, personality disorders that are severe
enough to have repeatedly manifested itself by overt acts,
substance dependence or abuse, and epilepsy. Pilots are also denied
medical certification if they have had an organ transplant. The
concern is that the candidate may suffer side effects from
immunosuppressant drugs, or that the organ might be rejected.
The primary goal of the
airman medical certification program is to protect not only those
who would exercise the privileges of a pilot certificate but also
air travelers and the general public. If you are denied medical
certification you can appeal the denial or reapply in the future.
But if you think you have a medical situation which could pose a
problem, you should have legal counsel review the exact nature of
the diagnosis and other details to better plan your strategy before
applying. The appeal must be filed within 30 days of denial,
If you are denied medical certification you can request
reconsideration of the decision by the Manager, FAA Aerospace
Medical Certification Division (AMCD) or an FAA Regional Flight
Surgeon (RFS). As appropriate, an Administrative Law Judge (ALJ)
will schedule and conduct a hearing on the question of a
pilot’s eligibility for certification. If the ALJ’s
decision is unacceptable to you, the matter may be appealed to the
full board. If the full board affirms the denial of certification,
you may seek review by a U.S. Court of Appeals.
Some think the FAA doesn’t come to grips with medical
progress until well after the general population does. The FAA
takes a cautious course in approving drugs to treat conditions that
could imperil a pilot’s duties. At what point in science can
we say that a medical condition is no longer a threat to flight
safety because it can be medicated?
For instance, the FAA thinks that anti-depressant drugs, even
the new ones, have long-term affects on the central nervous system,
even though the Federal Drug Administration has approved these
drugs and millions of people take them without significant side
effects.
FMI: John Alan Cohan is a lawyer who handles tax and aviation
matters. He serves clients in all 50 states, and can be reached at:
(3l0) 278-0203 or via e-mail at JohnAlanCohan@aol.com