Medical Certificate Denial

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If the Aeromedical Certification Division (AMCD) or the Regional Flight Surgeon (RFS) deny a pilot’s application based on a medical condition that is specifically disqualifying as set forth under Part 67, the denial is final and may be appealed to the National Transportation Safety Board (NTSB).  If the AMCD or the RFS deny an applicant based on a medical condition that is not specifically disqualifying then the applicant may appeal to the Federal Air Surgeon (FAS).  An unfavorable decision by the FAS may also be appealed to the NTSB.  Appeals are heard by an Administrative Law Judge (ALJ) employed by the NTSB.

Following a hearing with the ALJ, either party may appeal the ALJ’s decision to the full board of the NTSB.

The attorneys at Barnett Law Offices are trial lawyers skilled in every aspect of trial law, procedure and Pilot’s Bill of Rights.  In cases where a petition for reconsideration is appropriate, Barnett Law Offices, review the rationale for the denial and prepare and petition for reconsideration that includes medical analysis, medical literature and any new medical information available to support reconsideration.   In cases where a petition for review is appropriate, the attorneys of Barnett Law Offices gather the pertinent evidence, interview and retain expert physicians where necessary and represent the pilot at a hearing before the ALJ.  The evidence often includes the testimony of expert physicians who have examined the pilot and can attest to the pilot’s fitness for flight.

Following a hearing with the ALJ, either party may appeal the ALJ’s decision to the full board of the NTSB.

Barnett Law Offices prides itself in providing the best appellate advocacy for the pilots that they serve. Our attorneys have considerable experience with appeals at all levels.