Suspended Medical - Doctor has suggested legal action

[airborn0710]

So I've had my medical suspended for almost a year now. I had to quit my job because of this which would have led me to a flying spot by now. My doctor recently wrote a letter to the regional aviation medical officer advising that I am fully recovered, healthy and in no way unable to fly. This was not enough for TC, my medical history seems to disqualify me from holding any kind of medical. I've been advised by my doctor that the best next step is to get a lawyer to fight my case. He has dealt with a similar case involving a flight attendant. Once she had stepped up with a lawyer, TC backed down and let her back in the air. This is obviously going to be a little different for a pilot though. I'd rather not include specifics to my case here... If anyone has any general advice on getting a suspended medical back it would be greatly appreciated. Is the lawyer route necessary?

Thanks!

[CD]

As there are no medical requirements for flight attendants, it's odd that TC would have anything to say about that. If you haven't already, you could consider contacting Civil Aviation Medicine directly to ask the question:

Civil Aviation Medicine Branch Offices

[Sidebar]

If anyone has any general advice on getting a suspended medical back it would be greatly appreciated. Is the lawyer route necessary?

Not sure about the lawyer part, but the first thing you should do is request a copy of every document in your medical and licensing files (2 separate files) from TC as is your right under the Access to Information Act and the Privacy Act. Have your doc look at the medical file so he can better advise you as to how to proceed. Also check the medical standards posted on TC's website. I'm not sure of where, but somebody here could likely post a link.

[airborn0710]

As there are no medical requirements for flight attendants, it's odd that TC would have anything to say about that. If you haven't already, you could consider contacting Civil Aviation Medicine directly to ask the question:

Civil Aviation Medicine Branch Offices

I think in the case of the FA, it was a battle against the employer not TC. More of a human rights case.

I've spoken to my regional aviation medical officer. Not very helpful at all. Basically told me sorry but there is nothing that can be done.

[airborn0710]

If anyone has any general advice on getting a suspended medical back it would be greatly appreciated. Is the lawyer route necessary?

Not sure about the lawyer part, but the first thing you should do is request a copy of every document in your medical and licensing files (2 separate files) from TC as is your right under the Access to Information Act and the Privacy Act. Have your doc look at the medical file so he can better advise you as to how to proceed. Also check the medical standards posted on TC's website. I'm not sure of where, but somebody here could likely post a link.

Good idea, I will do that for sure.

[North Shore]

Assuming (I know!) from your post that you are fairly young (still in your 20's?) you've got to ask yourself about the longevity of your medical issue. Yes, it is resolved at present, but will it uncontrollably recur in the future?

Far better to swallow your disappointment now, and find another career, than have to do the same in 20-odd years when you have a wife, mortgage and children to worry about.

Good Luck!

[airborn0710]

Yup you've assumed correctly. That's sound advice, but I've already started a new non-aviation career. I've cut my loses and assumed the worse, that I may never fly again. I am doing this strictly for myself. It would be great to still be able to fly for pleasure alone. Even if I would get a full CAT I medical back, I probably wouldn't return to commercial aviation because there is still the risk I may lose the medical again.

[Prairie Chicken]

Suspended medicals can be appealed to the TATC but I'm sure there are time limitations from the time the licence was suspended. I'm sure the TATC is the route you will need to go. Hopefully you're not time-X'd on that option.

Check the TATC web site for details.

[airborn0710]

Suspended medicals can be appealed to the TATC but I'm sure there are time limitations from the time the licence was suspended. I'm sure the TATC is the route you will need to go. Hopefully you're not time-X'd on that option.

Check the TATC web site for details.

Since my medical was suspended about a year ago, that time has long past. I did speak with the regional aviation medical officer at the time of suspension and was assured that I would be able to appeal at any time despite what was written on the suspension notice. It was not advisable for me to appeal right away as more time was needed to make sure my condition had stabilized. Hopefully I can still appeal.

[CD]

Late Application

If the date specified in the notice for submitting an application has expired, a written request for an extension of time is provided for, where the notice falls within the following sections:

•sections 6.71, 6.9, 7.1 or 7.7 of the Aeronautics Act;

The request should set out the reason why the application was not filed within the specified period.

TATC Guide for Applicants - Aviation Mode

[airborn0710]

Late Application

If the date specified in the notice for submitting an application has expired, a written request for an extension of time is provided for, where the notice falls within the following sections:

•sections 6.71, 6.9, 7.1 or 7.7 of the Aeronautics Act;

The request should set out the reason why the application was not filed within the specified period.

TATC Guide for Applicants - Aviation Mode

Ok I think my reason is as good as any. I will look into it. Thanks!

[TeePeeCreeper]

Check your PM's

[The Fish]

Airborne where are u located??
I know a couple of AMEs who may be able to help you.

[Colonel Sanders]

It's a waste of your time and money unless you have
more doctors with more aviation qualifications than
Transport has, willing to testify that Transport's doctors
all have their heads up their @sses. Good luck with that.

Even if you win on the facts, expect to lose at the first
review, and have to spend $$$ to appeal. It can take a
long time before you finally get in front of some people
who don't make emotional, biased decisions.

You probably have better things to do with your time
and money, than fighting city hall. Get on with your life.

[airborn0710]

It's a waste of your time and money unless you have
more doctors with more aviation qualifications than
Transport has, willing to testify that Transport's doctors
all have their heads up their @sses. Good luck with that.

Even if you win on the facts, expect to lose at the first
review, and have to spend $$$ to appeal. It can take a
long time before you finally get in front of some people
who don't make emotional, biased decisions.

You probably have better things to do with your time
and money, than fighting city hall. Get on with your life.

I was wondering when this type of response was coming. Sorry but I'm not taking no for an answer before I get fair consideration by TC. I'll use all the money I've saved over the past year not flying

[Colonel Sanders]

fair consideration by TC

Best of luck with that. I hope you're successful but
try to keep your expenditures of time and money down.

[Castorero]

It is difficult to tell what is what without knowing the nature of the illness that disqualified you in the first place.

Knowing for a fact that, within limits, the CAME/RAMO will bend over backwards to keep you flying or get you back to it once you are healthy, there must be some very compelling medical reasons for their decision.

If those medical reasons are absent, then by all means get a lawyer and fight it. I would, however, ask your GP/CAME to pony up some cash for this fight so that you are not wasting all of YOUR own money.

All things being equal, you have been given some good pragmatic advice ... to get on with your life.

Hard to swallow, I know,but I have personally seen people fight their insurance carrier or WCB for years over dubious cases which even when eventually successful, were no more than moral or Pyrric victories.

These kind of cases take a tremendous toll on ones emotional, personal and family life that can result in lost years one can never recover.

So, choose your battles carefully.

Once you get your medical file, as it is your right to access, go and talk with a medical specialist in the area of your affliction and weigh your options.

Sometimes a good talk with your Pastor, Rabbi or Iman will help to put things in perspective.

I feel for your loss.

C.

[Conquest Driver]

As far as the "Stature of Limitations" goes on an appeal, you may wish to consider an alternative.

Simply do a new medical, which will most likely be denied, then appeal that decision.

Best wishes

[airborn0710]

As far as the "Stature of Limitations" goes on an appeal, you may wish to consider an alternative.

Simply do a new medical, which will most likely be denied, then appeal that decision.

Best wishes

What do you mean by the "Stature of Limitations" ? I'm just trying to see how applying again would be beneficial. My initial suspension stated that if I had new medical evidence from my attending doctor I should forward it. I did this about a month ago, and my application was denied again. However this time there was no option to appeal or attend a hearing.

[Inverted2]

Are you dealing with the TC doctor in Toronto? My aviation medical doctor says the new guy has been nothing but trouble as of late.

[airborn0710]

Are you dealing with the TC doctor in Toronto? My aviation medical doctor says the new guy has been nothing but trouble as of late.

I sure am. And yes, he has been pretty unhelpful to say the least. i didn't know he was new.

[Prairie Chicken]

In this case, I imagine the 'statute of limitations' means the time within which you must file an appeal. Failing to do so would indicate you have accepted the decision or suspension. You might want to call the TATC and ask them if their guidance material isn't clear on your case.

Also, in exceptional or unusual circumstances I have seen the TATC accept an appeal when clearly it appeared to be outside their purview--but they accepted and proceded with the appeal anyway.

You're likely well aware of this by now, but if not--DOCUMENT all your correspondence, activities, phone calls, who you talked to, times & dates! Keep a record of everything. You're likely to need it at some point.