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“Let’s say you have a kidney stone and have been di- rected to produce some reports, undergo ultrasounds and provide a letter from your doctor. If you wait until your medical appointment to disclose that you have kidney stones before providing all the documentation to your AME, and they defer to Oklahoma City for review, you could be sitting without a medical certificate for eight to nine months. And you can’t fly during that time.”
As a result of the abnormally long delay, LoRusso empha- sizes the necessity of pilots getting ahead of the curve. It is presently more vital for them to be proactive in addressing their medical concerns than it has ever been in the past.
“I used to say to pilots, ‘If you get in trouble with the FAA, call me.’ Nowadays, it’s much better to be proactive than reactive. The FAA has gotten so used to saying ‘no,’ that once they do say no, they tend to draw a line in the sand and dig their heels in. They can deny, deny, deny. It’s better to be proactive with them and give them everything they need for their review right from the start. That way, it’s easier to get them to say ‘yes.”
At this point in the process, LoRusso acknowledges that the FAA operates nearly identically in all cases. As a result, he can anticipate which requests the agency will ask of airmen, the consulting AME, or other parties.
“First and foremost, it is important to know that with an attorney, an airman has an advocate in the FAA medi- cal process. Many pilots make the mistake of thinking their AME is an advocate; however, by agreement and contract, an AME is an agent and representative of the FAA tasked with performing evaluations on behalf of the government. An attorney, however, is an advocate. As an advocate, counsel can produce records and proffer arguments per regulation, policy, and agency guidance, which helps avoid the seemingly never-ending stream of FAA request letters. Moreover, an attorney can evaluate an airman’s case and develop a game plan before seeking medical certification.”
He is commonly asked whether having an attorney involved will speed up the certification process.
“The answer is more complex than a simple yes or no. First, I will answer ‘no,’ there is no ‘fast track’ for those airmen who are represented. Rather, the timeline is shortened due to the completeness of the initial submis- sion. As many pilots can attest, the pain and suffering of the FAA’s medical review process is in the cat-and-mouse game of request letter after request letter. Eventually, the FAA either runs out of requests or the airman tires of the resulting delayed process and abandons the pursuit.”
LoRusso is an ATP-rated Citation and Learjet contract pilot who understands the desire to fly as long as pos- sible. He is on standby if an airman faces a challenge to their medical certificate. There are several issues he frequently helps airmen work through. These range from TBIs [traumatic brain injuries], sleep apnea, substance abuse, and dozens of other conditions. Naturally, there are a few conditions that pilots seek counsel more fre- quently than others.
Covington
https://covington.com
April 2023 / TWIN & TURBINE • 17