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