Rusty Pilot

"appeal" probably wasn't the best choice of words, challenge may be more appropriate. I never had to go any "official" appeal route. Each time the FAA would request documents or testing, I would challenge it with questions about why it was needed because the information they were seeking was already provided through other submissions, etc., etc. I just refused to blanketly accept their requests and tried to get them to justify their actions. Now often times they would ignore me and just repeat their requests and I would respond with some of what they wanted combined with information that they did not request and wasn't directly on point. It really became a game of back and forth. I had already lost my medical and had no way of getting it back unless I could succeed. So I had nothing to lose at this point. Now it wasn't just the requests the FAA made. It was very difficult to find a doctor willing to take my case and do the tests the FAA was seeking. Mind you in my case it had to be neurologist or neuro surgeon, I could not just go to any doctor. The tests the FAA was requiring were very specific. I had numerous doctors refuse to "treat" me per the FAA request. I went to one neurosurgeons office of 6 doctors and explained my plight and dropped off my file for their review. A week later I returned to the office to schedule an appointment and was told by the office manager that after reviewing my medical history and the FAA's requested exams, that there was "no doctor on staff qualified to perform these tests". This was an office of 6 neurosurgeons and they weren't "qualified"?????? I went to one doctor who came right out and said he was concerned about liability. So for a long time I couldn't even get a doctor to do what the FAA was asking. But I remained stubborn and eventually did find a doctor who was willing to do the testing. Dealing with the political bureaucracy was frustrating beyond words. I fully realize the enormity of the responsibility the FAA has concerning the safety of the aviation community and by no means was I trying to undercut that. But one size does NOT fit all and this was the approach the FAA was taking. All I was seeking from the FAA was fairness. I had suffered a serious medical issue no doubt. But my medical issue was resolved 100% with no future repercussions and this was well documented to them right from the start. But the FAA refused to accept this and instead began a campaign essentially asking me to prove a negative. It was just crazy. In any event I was successful. I honestly believe that my persistence was the key.      

John Kelly:
Hey Gary "I feel your pain".....I too had a problem with the FAA concerning a medical issue. ..

Another thing John you probably know once you get that SI 3rd class you can switch to BasicMed.  I went through what seemed like The Battle of Atlanta with them after bypass surge.  Once I got that SI and then a few months later it was BasicMed for me.

I find myself in similar circumstances.  I have been researching getting into Part 103 ultralights.  The variety of these little 254lb aircraft is amazing!  There is one that can be purchased either as a kit or fully built that looks exactly like a J-3 Cub!  You should look into it!  No medical, no license, no logbooks, no mechanic, and many times no hangar required!

I was turned down years ago and got 3rd class back 18 months ago.  I wish I had taken the LSA route. My advice is DO NOT get turned down.  I find a good medical examiner to work with and it you will not be successful go with the LSA.  I spent 10 years trying to get my medical back - believe me I wish I had done LSA.
 

Hey Gary "I feel your pain".....I too had a problem with the FAA concerning a medical issue. Long story short, I had an AVM (similar to an aneurysm) rupture in my brain which resulted in brain surgery. The AVM was removed completely. They are not like a disease, they don't grow back. Once they are gone, they are gone. My surgery was 100% successful and I recovered fully with NO physical repercussions and NO physical limitations. In fact, I was healthier than I was before the AVM ruptured, since prior to surgery I was like a ticking time-bomb never knowing if or when the AVM could rupture. After recovery, I went to get my 3rd class medical (which had expired) the FAA went ape. They immediately DENIED my application. This started a chain reaction of them denying me and me appealing their decisions. This went on for nearly 4 years. Each time they would require a special test or different hoop to jump through, I would question it and the validity of the request and appeal their request. I had one Doctor who is an AME spend about 45 minutes on the phone with Oklahoma trying to reason with them concerning my present condition and their request. I'm not trying to be funny but you would have a better conversation with a rock. The FAA was just relentless in their requests for tests, documentation and more. It seemed like they were trying to wear me down hoping I'd give up. I didn't. I kept submitting documents, doctor's reports, appeal letters and more. In the end I succeeded. I had to wait for the FAA to issue my medical since an AME could not. That was a few years ago and I recently just renewed my 3rd class with an AME and had no problem. My only suggestion is that if you want it bad enough (I did) just don't give in. That's what they seem to want. Appeal, question, submit documents and more, just don't give up. Best of luck, hope you're back in the air soon.