• September 16th, 2023
• Life
• By Steve Shead
• 0
• 0

Part Two - Flying - The FAA Debacle Continues...

UPDATE 09/16/2023

It's been a while. Life has been busy. The only news I have right now is that I have the two sleep studies booked for 10/5 and 10/6. The only problem is my insurance is refusing to pay for them. If I can't get them to understand that these studies prove OSA and Narcolepsy don't exist the studies will cost me another $3225. Yep, the cost of proving my ability to fly is racking up like crazy. There are times when I wonder if it's worth it, then I go flying and remind myself, reinvigorate the passion. It's hard to explain that moment when the aircraft takes flight and the ground drops away. You turn to fly out of the Class C airspace and set up the climb. The scenery is beautiful, serene, seemingly quiet and unassuming yet you know the hustle and bustle of life is going on down there. Even with the noise of the engine, there's a peace to it, up with the birds, away from the real world. Yeah - it's a thing!

I'm also still waiting for my medical information and airmen notes from the FAA. I gave them a gentle nudge this week and they stated it can take up to 40 days to get them back. 40 days will be 9/18, which is just around the corner (I hope). I'm really interested to see what is in my notes. Perhaps an easy fix on why they won't issue a medical, perhaps not.

I am consistently flying every week when I can. I'm still flying the Vans RV-12is to the point where I'm back to intuitive flying. Commercial training is mostly done and according to the CFI's, I have what I need, although I haven't practiced 8's on a pylon yet, and I know that can be tricky. 20-knot crosswind landings are just another landing for me. Rough conditions don't phase me. There's a judgment call on when not to fly, other than that I'm happy to fly in the rain, etc. Aircraft handling is back to being intuitive - I just need the medical and I can be free. That sometimes feels like a huge ask when you don't have it. Trying to find the light at the end of the tunnel can be tricky, but not impossible. The fight goes on.

As with all things, it is a juggling act. What I experience and feel going through this journey affects other aspects of my life and as with all people, can have a heavy burden. If you don't know the passion for flying you might not understand, or maybe you have a passion for something that you couldn't bear to live without, who knows? I have to manage my own expectations, though the 'hurry up and wait' of the FAA is super frustrating. 

I hit 60 years old in July and had the realization that I'm running out of years to fly, or at least it can feel that way, and that scares me. I need to rationalize that fear and remember any flying is a bonus. It's not that I can't fly, I just can't fly solo. Still, I'm keeping everything crossed for a good resolution to the medical issue, especially since paying for an aviation lawyer. 

Enough for now - more as it happens!

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 9/28/2023

Today I received my medical documents and airmen notes from the FAA 50 days after I requested them, and there are over 100 pages of them. I read through the airmen notes part and I have to say it's quite frustrating reading. Doctors asserting opinions of the diagnosis being a lifelong affliction therefore default deny, and, not trusting the testing they asked me to do. There wasn't even room for reconsideration, which is something I thought the FAA tried to do to keep folks flying. I must admit it took me down for a little while. The struggle is real, long and hard. Just the wait time to get any response from the FAA is infuriating. I know folks with my supposed diagnosis have gotten even Class One medicals. I'm betting it took lawyers to make that happen. I will have to wait and see what my legal folks say.

I scanned all of the documents and sent them to the legal firm I engaged. That took a while! I hope this is something they can work with. I was chatting with an ex-CFI who now flies for Horizon, he reminded me that there is a president of others getting a special issuance with the same condition. Sometimes it takes someone not in direct view to point out the positives. Thank you Sean Lenny! 

It's still hard, though, knowing that the default decision was made so harshly seemingly without consideration. Also knowing there have been exceptions but mine was a default no. I am struggling with the finality of it, but that's just tiredness and the ongoing fight kicking in. Let's see what the lawyers say in the coming week, plus, I have the new sleep studies coming up next week.

Meanwhile, since I can't test for Commercial until I can prove more hours I'm moving over to instrument training. There is still the search for an examiner who is willing to fly PIC when testing me. If I cannot find one I will not be able to take the flight test, and I really want to get these ratings out of the way whilst I am temporarily out of medical.

It's been an uphill battle for the last thirteen months and I'm still not seeing a light at the end of the tunnel. When I initially read the airmen notes from the FAA I almost gave up, again. It felt like another reminder that there is an impenetrable barrier between me and flying - I cannot let that become a thing. I gave up once when I self-reported a condition to the FAA - I cannot give up again. There's a trailing thought that perhaps I should have just kept my mouth shut and not let them know. Who knows what or where I would be flying by now? But, that would go against the very fiber of my being and would damage my integrity, thus, I would never do that. This is perhaps one of those very few times that integrity sucks.

It's Saturday now. I had a great flight yesterday practicing vectored approaches to a localizer and did a few touch-and-go's across the river. Just getting the avionics to work for the localizer approach was fun (said no one ever!). Time to relax. Over and out (yeah, corny!).

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/07/2023

It's Saturday today, the day after the sleep studies. Thursday evening I did the nighttime sleep study and yesterday I did the MLST sleep study. The MLST consists of taking a nap every two hours whilst they monitor you. The picture below is what I looked like hooked up for the nighttime study.

Some of the wires were removed for the daytime study though. From 7:30 am through to 3:30 pm yesterday I had to take a nap every two hours. The sleep techs record all the information which includes the mean time to fall asleep, etc. I honestly don't know how I faired. It felt like the same amount of time as the previous sleep study, and that one was clean, but I'm just not sure. Similarly, I think the nighttime study went well, according to my sleep app, but I just can't tell. At least the studies are done now and out of the way. We'll soon see what the results are.

There was a bit of a kafuffle around the docs from the FAA. I had scanned all 107 of them at 300dpi and put them in an online share, but the lawyer's office said they couldn't read them, they were blurry. I checked them again and they were just fine, but so as not to argue the point and belabor the issue I sent them UPS overnight. Unfortunately overnight didn't mean the next day because the UPS transport broke down, so it was the day after. At least they got there. I have a call with the legal team on Monday 10/9/23 to discuss what comes next. The lawyer said he had some questions. I'm guessing they wouldn't take this one with a fixed fee if they didn't think there was a chance of winning, and they are experts in aviation medicine and dealing with cases like mine. I'll update this blog after the call.

On another note, I took a two-hour flight in the RV-12is this morning and flew up the Columbia River. The views were breathtaking and the air was calm above about 1000'. Interestingly enough, near the mountains the crosswind was up to 30 knots, below 1500' it was around 8 knots - quite the difference. That made landing at Grove Field on runway 07 quite sporty, but fun. Here's one of the videos flying over fog north of Kelso, WA. 

It was a wonderful flight, not focusing on training, just flying up the river and noticing the scenery around us. We stayed between 1500' and 2000' and just took in the view - stunning! We then did a couple of full-stop landings at Grove and called it a day. I could have flown for another 30 minutes but had things to do at 11 am - it was tempting though.

Now we continue to wait. This seems to be the theme when dealing with the FAA. Folks are telling me 'Oh you'll get your medical back soon' ...from their mouths as the saying goes.

Enough for now - more as it happens!

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/09/2023

Today I had a conversation with my lawyer. It was a tough conversation because he stated it wasn't looking good. It's not out of the realm of possibility but the FAA board doctor who commented on my case for the FAA was pretty determined that it was a default 'no' without any ability to appeal. Even though I read that myself, you can see in the update before that it upset me, it was still very hard to hear. By the end of the call, there was still hope, but it is going to be an uphill battle. If the latest tests come back clean there is still a chance, more so if the new doctor asserts that he believes the original diagnosis was not correct. Just thinking about more delays and more emotional stress is tiring. I have to keep going, I have to get past this, I have to fly! There is nothing wrong with me. In fact, I am healthier than most 60-year-olds out there. The fight goes on.

It feels like the original narcolepsy diagnosis was made too hastily. Absent the circumstances around my life at the time it was ambiguous. In talking with my new sleep doctor, the facts about my lifestyle at that time were and are very important. Let's hope we can play that out in my favor.

Now we wait again. Once I have the results of the sleep studies I'll have a better idea of if there is a path forward. This doesn't get any easier, the waiting and emotional strain that is.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/1/2023

I'm going to be honest, it's been a rough few days. I'm holding on to the fact that when the latest tests come back clean the new sleep doctor can rescind the diagnosis. The wording on the FAA guide states "If additional testing, evaluation(s), or documentation verifies the diagnosis of Narcolepsy was rescinded, no longer requires treatment, or has resolved..." - that's what we're hanging out hat on. It's a narrow focus but it is hope. I keep vacillating in and out of fear that this won't work. The drama pushes me to fly a motor glider, or move back to England - all can be doable but as I stated to the primary AME, I just want to fly GA again. I've had one CFI state "who would challenge you if you owned and operated your own aircraft?" - yeah, I'm sure there are those who are doing that, but my integrity tells me I cannot. As with this medical condition, I didn't need to disclose it. There is no access to medical data by the FAA - I could have negated saying anything and would still be flying today. Again, integrity told me I could not do that. This is one of those time when it feels like being honest goes against you. 

I am trying to stay sane through all of this. Now that the sleep studies are done I need to wait for an appointment with the sleep doctor to discuss, and they are way backed up. To reiterate, this has been a whole lot of 'hurry up and wait'. It is affecting me at every level. It is brining me down - it feels like it's killing me from the inside out. Perhaps that is a little melodramatic but in the moment it hurts, it bites and it is not fair. Is it the end of the world? No! So where does the extreme emotion come from? ...don't know, it just does.

I finally got a reply from the primary AME - she says she sent an email to her friend at the FAA and will let me know the response. I think we know what's coming back from that. I hang my hope on knowing that other folks have gotten a medical with my condition - that keeps me just above water, coupled with having legal representation and there's always hope.

The last call is to purchase something like a Pipistrel SInus - a motor glider with an 80HP engine but a larger wingspan than your average GA aircraft. But that is a last resort thought that will hold me together until the final word from the FAA comes in. No medical needed for a motor glider - oh the irony. It's just as powerful as a light aircraft ...similar speeds, distance, etc but is classified as a motor glider. You can self-assess as to your medical capacity to fly...

Anyway - I was having a moment and needed to jot it down. I can never convey the gravity of my thinking. As it comes into focus it fades away just as quickly. 

One day I'll sleep well. One day I'll fly solo again. That day is almost here.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/18/2023

Just a quick update. Friday at noon PST I will get the results of the latest sleep tests. I can't tell you how nervous I am about that. I don't remember being this nervous about the first set in February. It's like everything hinges on successful test results from these last two sleep studies. That's rolling around my head right now. If the tests are good we can move forward with an appeal directed by my aviation lawyer showing proof that the previous diagnosis is rescinded - even then a good outcome is not guaranteed. The angst continues.

I'm at the head office of the company I work for this week, which is a 3.5-hour drive from home. I come here once a month for peer time and for the board meeting. It's good that I am here such that I can immerse myself in something other than waiting for Friday to come around. Yeah, my tummy hurts and my sleep is out of whack. That's self-induced angst. I can't change the outcome, but I don't know the outcome yet - kind of a catch-22.

I'll update again after I get the results on Friday.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/20/2023

I received the results of the sleep studies today and it is good news. My AHI was 3.5 events per hour with my blood oxygen level never dipping below 90%. The threshold for OSA is 5, and even then they are looking for the blood oxygen level to drop - no OSA - phew!

The MLST showed a median sleep latency of 8.5 minutes per nap with zero SOREMS (significant onset of rem sleep). The threshold for Narcolepsy is a median of 8 minutes per nap with at least two of them with SOREMS. Much as it looks like it is close at 8.5, with no SOREMS it can't be classified as Narcolepsy. So great results. 

I have informed my lawyer and have asked my sleep doctor if he is willing to have a conversation with my lawyer. He needs to check the rules but doesn't think it will be a problem. Then we put together the case to appeal based on two sets of results showing no OSA and no Narcolepsy.

I'm relieved, but I know it doesn't mean the fight is over. The FAA can still say no, though I think my case is strong. I'm going to rest now. It's been a tough week worrying about the results, as well as being at the head office for a week. Perhaps I'll write some more tomorrow.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 10/30/2023

Things are still moving. I did the neurological exam today with no issues. The new sleep doctor is writing up the case in accordance with the FAA's requirements. My previous sleep doctor has promised to send over a summation of my treatment over the years ...so, yeah, things are moving.

This is where the new lawyer tells me he has seven cases ahead of me and knocks out two cases a week. That makes me nervous since I need to submit the new sleep studies to the FAA within 90 days and that will be early January 2024. Once he's written up the case I'll take it to an AME, and he'll send it over to the FAA and, hopefully, the magic happens and I get a special issuance. The problem is, even the lawyer is hurry up and wait. Much as it's not a huge amount of time it still means waiting. I'm on edge - I want this done - I've fought hard for 13 months against all the barriers thrown up at me, and the one theme along the way is "hurry up and wait". Yep, I'm whining - but I'm human and I'm super frustrated. Deep breaths - it's still heading in the right direction!

Ok - end of rant. I'll just have to deal with it and hope this time it all works. 

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 11/05/2023

The neurological exam came back - all good, and the write-up the new sleep doctor did was perfect - the truth of course, but very well written. All I need now is the complete history from my previous sleep doctor and I will have provided all the information requested by the lawyers. The maximum wait time for that history is 15 days, so shouldn't be long now. The lawyers say they can probably get to my case by the end of November. We need to be careful we don't go outside of the 90-day window for providing a current set of sleep studies. Once the write-up is done I will need to go to the AME and apply for a medical again, with the information provided by the lawyer. The lawyer will send the letter directly to the FAA - or so I'm told. Then it will be another couple of months before I hear anything back. Waiting is the most painful part.

I have to stay optimistic - I've fought so hard and spent a lot of money just getting this far, the lawyer seems to be optimistic also. He wasn't giving anything away in the beginning and was all but out of hope when we got the airmen notes back from the FAA. Now he is upbeat and thinks we have a good chance. I'll take it.

Meanwhile, the instrument training is going well. I've done a couple of hours under the hood so far; am working on online training with both Sportys and Flight Insights and have the sim ready for practice. It's been a long time since I've flown solely by instruments, but it came back pretty quickly - even got a compliment from the CFI-I specifically to flying VOR radials - nice! I'll continue down that road until I get my medical, then probably accelerate training after that. I need hours to qualify for commercial after doing a lot of commercial training. It will all come together in the end.

The last work week was a tough one. I've had to pick up a lot more work with one of my department managers resigning and have even less time to work on ground school or learning of any kind. Not that I should be whilst working, but sometimes a natural break in working and thinking left room for some online training. This weekend I had some work to do in my office - adding the new monitor to the sim and testing out the new setup. On Saturday I was chasing down an online order that seemed to have gotten lost as well as helping one of my staff with a firefight at work. That sucked up any free time I had, unfortunately. Yeah, life sometimes gets in its own way. Still - just need to focus.

Wrapping this up I have a sense of calm. I can't fight the timing, it is what it is. Things are coming together slowly and this time with an added focus of adding an industry expert lawyer. I feel better about things, I feel like we have a chance. I'll keep that close and keep fighting.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 12/06/2023

It seems my database decided to dump some entries so I had to restore from mid November. That being said, I have provided the legal team 9 years of history with my sleep doctor. I'm still waiting for the full set of documents from the medical folks but at least I have some to work with.

I have an appointment booked with my AME for 12/27/2023 to restart the medical process. My lawyer will provide information to take with me since it will automatically be defered. From there my lawyer will send docs to the FAA directly on my behalf. It looks promising but it's been 15 months already, I don't want to get my hopes up too much.

One thing I am noting more so this past few weeks is my temperament is off still. I know I've mentioned it a few times, and it's probably and eclectic mix of 'life' and still dealing with this issue. I need to find more coping mechanisms to get past what this feels like. I still fly - I'm still learning - I'm still loving aviation, but not being able to fly on my own or with loved ones and friends is irking the hell out of me, and is very expensive. I don't want to rattle on too much on this. Life really isn't that bad, I'm just stuck in the moment and am feeling sorry for myself. I am human after all.

I'll update this some more when I have time, but at least things are moving forward. I'm trying to stay positive though the weather in the PNW isn't helping - it's dreary, and I can't fly in certain weather. I'm willing ...the weather isn't!

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 12/24/2023

The day is drawing closer. I have an AME appointment on Wednesday 27th at 9 am. My lawyer is sending over the draft packet to me before then. He'll be sending the packet to the AME for the appointment. It's exciting and scary at the same time. Could this be it? Could I get my medical now? I think I have a strong case, according to my lawyer. I feel cautiously optimistic.

This has taken a toll on me financially as well as mentally. My temperament has been stretched and my tummy has been churning too much. A lot of costs - lawyers, medical appointments, sleep studies, and the like; and a whole lot of angst. I have watched a student take his PPL and then last week pass his IFR check-ride. Meanwhile, I'm stuck on the sidelines behind the FAA's process and lack of flexibility. I'm 60 years old, time is ticking by, I need this to be done for all the reasons, and for my sanity.

My lawyer, Zeke Denison from Ramos Law, has been awesome. I know where I am in the process at all times and I get guidance for each step. At one point he didn't think we were going to make it. Then something changed (and more sleep studies were done) and we were back in the game. He's been open and honest at all times.

It's sad to think that to get the FAA to see reason you need to engage a lawyer. Flying itself is an expensive game, let alone having to fight the FAA with a lawyer to get something that to most medical professionals is a no-brainer. Yeah, the FAA needs an overhaul.

I have so much in my head about what I'm going to do once I get the medical. Lots of flying to catch up - purchase a plane - fly, fly, fly. If you have the passion for flying you'll get it. On that note, it is Christmas Eve so it's time to get some celebration on and enjoy the holidays. Happy Holidays to everyone out there. I hope your hopes and dreams come true.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 12/27/2023

Today I met with my AME for a class 3 medical, which we know is automatically deferred due to a pre-existing disqualifying condition. It all went smoothly, thankfully. He has the 13-page write-up from my lawyer along with the 63 pages of enclosures (supporting documentation). He said he empathizes - stuck behind the government machine that is so backward it creates more issues than it solves. Sounds familiar, doesn't it? All is not lost.

There is a president that this can be won, but I have to say I'm feeling anxious right now. Anxious that I might not win the fight. As much as I can say I know that I am airworthy (and I am), I'm up against bureaucratic hypocrisy. It's draining, depressing, saddening, and yeah, maddening. Hopefully, this feeling of being behind the curve will go away soon. It's going to be a couple of months before I hear anything back, and that's going to be torture. 

I go into a spiral of trying to find information on the web. I see where there is hope, but equally see where there is not. My lawyer stated "I’m confident we have done what we needed to give you the best shot possible" - not sure how to interpret that. His legal statements in the 13-page letter show that we have followed the FAA requirements to the letter. Why would we not succeed? Is it because of the ambiguity from the FAA? The latest disposition regarding Narcolepsy issued January of 2023 states:

"Condition “B” of the Disposition Table defines the reconsideration requirements for an airman with “current or historical diagnosis on medical records WITH NEW information which rescinds this diagnosis.”32 Specifically, Condition “B” states “if additional testing, evaluation(s), or documentation verifies the diagnosis of Narcolepsy was rescinded, no longer requires treatment, or has resolved” the airman may submit 1) a current, detailed neurological evaluation from a board-certified neurologist or sleep specialist, 2) a type 1 or type 2 sleep study performed within the previous 12 months, 3) a MSLT performed within the previous 12 months, and 4) results of any additional testing for FAA review."

Doesn't that sound like they will entertain a diagnosis as resolved? Yeah, still going round in circles and probably will continue to do so until I get some indication from the FAA. Meanwhile, I fly every week. Since starting this journey I have flown 53 hours, all without issue. I even have two CFI endorsements on my file that were sent to the FAA.

I need to stop. I have to get back in balance so that I can sleep, and operate normally in my day job but, inside, I'm a mess. My spouse doesn't quite get how deep this goes - and I need to keep it that way. I have to contain how I feel and let it run its course. I'm not done yet.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 01/01/2024

It's January 1st, 2024 and I'm still on the rollercoaster of emotions from the submission for my FAA medical. I see the hope and feel great, then fear creeps in and I got into Google research mode, and let the past denials drive me insane. It's tiring...

I've spent time looking at aircraft that I want to purchase and get too excited to see just the one that I want, but then realize it's not a given that I'll get the medical and my heart sinks again. I have to stop doing this to myself. It could take months to get an answer back from the FAA, and even then it could be a no. 

Why am I writing this? I'm twisted up inside and am trying to let it out so that I can be a husband, be a senior executive at the company I work for, and be 'present' in my own life, instead of going down the emotional roller coaster of wanting and waiting.

I know - you don't want the hear me whine - but - I am human and if writing it down eases the burden, so be it. I'm still fighting, still in infinite hope of a positive outcome. I'm sure my stomach is a mess inside from the stress and worry but am ever hopeful that it will all be worthwhile.

In the meantime, I fly. I'm doing well getting through instrument training. I fly when others won't because of a little weather. I know my limits and tolerances and would ground myself in a heartbeat if I didn't think I was safe to fly, even after all this bullshit with the FAA. Oops ...off on a tangent again. Time for some sleep.

Still fighting ...

Onwards and upwards!

Cheers

Steve

P.S. After appeal number two to my health insurance, they are going to pay for the sleep studies. That's excellent news!

UPDATE 01/11/2024

There is nothing new to report. Just noting that checking in on my application for a medical, the MedXpress portal shows the application as uploaded but not in review, yet. It says it will take 26 days to review - but then we know that's probably not going to happen.

Why am I writing this? My mood ...I'm vacillating between success and failure - totally conjecture but I'm obsessing, and I need to get that out of my head. I've re-read the aviation lawyer brief - it looks solid to me. It follows all of the guidelines and requirements outlined by the FAA - so - why do I feel this way? Truth be told, I don't know. Fear of failure? Fear that I won't get cleared to fly? Yeah, all of that. I just need to let it go, and let the thing run its course ...I logically know that but can't seem to stop obsessing ...it's a human thing I guess.

For the sake of sanity, I'll stop writing for now. Needless to say, this is hard for me. Trying to remain objective and get on with life is tough. Yes, it means that much to me. If you know, you know. No, I'm not being dramatic - that's not me - just feeling it and trying to let it out.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 01/24/2024

There is nothing new to report. The application in MedXpress is still showing as transmitted, still. It states 26 days to review - I'm assuming 26 business days so that should be up soon, if not already.

The waiting is tough, not knowing when it will be reviewed let alone when a decision will be made. Meanwhile, there's another plane I'm interested in buying. Give it a month and I'll have enough cash on hand to pay without a loan - that's huge. The irony is the plane is available at the airfield that I fly regularly from. I'm not going to post it here since I don't want to get my hopes up, but one can dream. 

I'm still trying to find holes in the application. It feels like a legal game more than a medical one. If I can satisfy the FAA's legal requirements they will issue my medical, and I really believe that is what we have provided - but - what do I know. Just another futz that's stuck behind the antiquated and unfair FAA system.

Meanwhile, yep, still flying. The last three flights have been restricted by weather. Instead of IFR training we're just 'flying'. Much as I want to complete the IFR training at least I'm still flying. There were a couple of days when nobody else wanted to fly. The weather wasn't conducive to teaching, but was 'just ok' to fly - so - we flew. We flew a C172M (180hp) and just tooled around locally. At least I got my butt in the air. 

So, like I said, nothing new - we continue to hurry up and wait.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 02/05/2024

The MedXpress website now states my application is now in review - and seeing that made my tummy jump through multiple hoops. The review message states:

"We have started the review of your application. We strive to complete our review and provide a response within 60 business days. Please check back for status updates."

Another two months - well, it's not set in stone. I've heard horror stories of folks waiting up to a year, but then those are folks who haven't provided all the information the FAA asked for. That being said, I've been on this journey for 18 months, so I guess not far from the truth. My first run at this without a lawyer didn't end well. It took a lot of work from my lawyer to get the application past the possible issues I created trying to go it alone. And therein lies the rub. Most folks won't get far without a lawyer, yet not everyone will be able to afford the cost of going the extra mile.

The waiting continues. Meanwhile, I have a couple of aircraft in mind to purchase once my medical is issued, and I will fly my pants off to get my hours up, and cross countries done. Or am I speaking too soon? I hope not. I live in hope.

If you are living vicariously through me - hang in there. Soon, I'm hoping soon I will have this sorted.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 02/17/2024

Here we are a month and a half after MedXpress submission already. At least the medical application has moved to 'in review', but a note on the website states it can take two months or more to make a decision. They are backed up and have to do due diligence on the 76 pages of information we sent over. Meanwhile, my tummy does a backflip every day when I think about it. We gave them everything they asked for and all of it was clear and clean, so why would they not issue? Seeing how the FAA operates and hearing all of the horror stories leaves me feeling cold towards the whole process. 

I keep going back to the January 2023 AME guide which it states:

"Condition “B” states “if additional testing, evaluation(s), or documentation verifies the diagnosis of Narcolepsy was rescinded, no longer requires treatment, or has resolved” the airman may submit 1) a current, detailed neurological evaluation from a board-certified neurologist or sleep specialist, 2) a type 1 or type 2 sleep study performed within the previous 12 months, 3) a MSLT performed within the previous 12 months, and 4) results of any additional testing for FAA review."

The irony is it doesn't state it will approve the medical, just that the FAA will review it. Both sleep specialists have stated the condition is resolved. The FAA physician that made assertions on the appeal last time had stated 'resolved' means resolved for six months or longer - and it's 18 months. All of the negative things he stated on the appeal that caused the denial have been bulleted out and addressed in the communication sent to the FAA. If it were a normal process or appeal outside of the FAA I would call it done, but we don't know how the FAA is going to respond.

The irony - and I've probably stated it here before a few times - I drive three and a half hours to the HQ of the company I work for once a month, and three and a half hours back. I still have my driver's license with no accidents or issues. 

The reality is I need to stop thinking about it and get ready to appeal, just in case. I've flown nearly 55 hours in the last eighteen months; completed a lot of training; flown over 100 hours of procedural flying in my home simulator to better arm me to fly - I'm ready. It's time. This needs to be done. I swear this has messed up my tummy.

Anyway, I should stop complaining and get on with my day. I complain here in the hope that it reduces the burden and gives me a little peace over the weekend. Was even thinking of turning this into a book - wouldn't that be interesting? Though you have to wonder who would buy it!

Here's a picture flying the Vans RV12is last week. No one else would fly because the weather was off. Winds weren't too bad but there were clouds scattered between 1200 and 1500 feet - we just danced around 'em. The sky - my other happy place.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 03/13/2024

Still no update. The MedXpress website states 60 business from when the application went into review. That works out to be around April 16th, give or take a few days - so - still over a month away. I struggle with why all of this takes so long, especially when they say they prioritize deferred medicals over everything else. I can't fathom how it is ok for it to take this long. I think part of that is being 60 years old now I feel like I'm losing available time to fly.

It's this time of the evening (8:30 pm) when it hits me harder. After a long working day when I'm tired - it's the middle of the week and it sometimes feels like this will never be resolved. As I always state, I'm still flying, and I have an aircraft I'm really interested in purchasing, but it's all on hold. 

The lawyers seem to think I have a good chance. I've answered all the FAA's requirements. I swear I've read the letter sent to the FAA that many times I could recite the darn thing. 

Anyway, I feel like I'm babbling so I should probably wrap this up. It's almost time for bed anyway.

Still fighting ...

Onwards and upwards!

Cheers

Steve

UPDATE 03/31/2024

Yep ...you guessed it, still no update. I'm expecting it will be April 16th at the earliest, and since I sent them 76 pages of documents it might take longer. 18 months is a long time to wait for this, and it has taken a toll on me. I'm super skeptical now as to whether I'll ever get clearance to fly, no matter how many doctors say I'm good to go. I'm hoping to be proved wrong, but keep getting stuck in the cycle of thought - if the doctors are saying I am good to go  - no symptoms therefore nothing to treat, why is the FAA holding back? Do their doctors know better than my specialists? Yep - my brain is going around in circles again, and frustration is a constant. I have amassed nearly 60 hours of flight time since starting the process 18 months ago but can't take any tests because I don't have a medical. I just want to fly. I'm safe, I'm more alert than most, I'm fitter than most, especially at my age, so why?

Yeah, I'm in a pity party right now. I'm human and have to allow the flow now and then. It won't keep me down. Meanwhile, I have a job to do and more flying to be done. Spring is here and the weather is clearing up - time to get airborne more and finish up the instrument training. That's a tough one since I need a lot more cross-country and IFR hours, but can't fly alone. I can use a safety pilot but they can't use me (apparently) because of my lack of medical. Ugh ...I need to stop thinking about this now.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 04/20/2024

Still nothing from the FAA. I might have miscalculated 60 days from when the application went into review by not taking into account holidays, specifically since they said 60 'business' days. If that's the case it will be April 22nd. They say 'We strive to complete our review and provide a response within 60 business days' - no guarantees it would seem though.

Whilst I've been waiting I've been looking into insurance should I purchase an aircraft once cleared. I was surprised to find the insurance for the Globe Super Swift I was looking at was $7400 with over 25 hours of instruction stipulated. I get that it's complex, but still seemed a lot. I would have loved to buy that bird, but I find the insurance and stipulations just not worth it. On the other hand, I'm looking at Vans RV-6A, which seems reasonable at $1300. Perhaps I can find and IFR ready RV-6A, we'll see.

Meanwhile, I keep on flying at least once a week. I'm well into the IFR training hours, just need some cross-country flights and hours under the hood. It's hard to explain how it feels to be blocked by the FAA - having to fly with someone all the time. Solo flying was something I used to cherish. It was my solace - I could break from the realities of life and just fly, and it irks me to be blocked by something that shouldn't be in my way. I've proved to the FAA that the condition no longer exists. I've been cleared by two experts and haven't used the medications for well over a year. It might be that 76 pages of information take time to sift through. 13 pages were the letter from the lawyer showing why I should be cleared to fly, including siting the FAA's own rules and answering 'expert' questions. The rest of the pages were results from medical tests, etc. I just hope after all this that nothing is missing from the information sent over. Another submission would be another three to four months, and that would crush me.

I'm getting even more frustrated with the process. I know it's counterproductive, but I can't help it. 20 months so far and I feel like I've been going in circles. Sometimes I search the web for information, but there is not much for Narcolepsy, even misdiagnosed Narcolepsy. I've seen a lot of edge cases for other conditions get special issuances, and I've seen a report that in 1999 the FAA cleared multiple pilots for medicals - just knowing the crap I've been through getting this far feels like it will never happen. I have to stay positive and will the universe to act in my favor. At least I can afford to fly, even with an instructor or safety pilot. End of rant.

In the meantime, here are some pictures from a flight on a cloud day. They cheer me up.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/8/2024

You might have guessed there is still no news from the FAA. It's coming up on five months from submission and zero communication, other than a status change on the MedXpress website. The system is badly broken. My lawyer tells me the FAA has 24,000 cases in backlog. Meanwhile, folks like me are left hanging without any clue how long this will take, as well as the FAA having the right to overrule medical experts. I guess I'm feeling bitter tonight considering it's been 21 months since I started what I thought would be a simple journey back to flying, and I'm tired and annoyed. This leg has been particularly brutal, and costly. Two sets of sleep studies, a neurological exam and paying to engage a lawyer. Not cheap, so I get why some folks just give up. I cannot give up, I just can't.

I sometimes do a Google search on FAA timing for deferred medicals, and even then, and with AI, I get ambiguous results. The latest is 115 business days from submission. I will be 115 business days from submission on June 14th, assuming my calculations are correct. I log into the MedXpress website every day to check - my heart skips a beat each time hoping I'll know either way.

I try not to let it get to me - but it does. My proverbial wings are clipped. Much as I fly most weeks I have to fly with a CFI. I want to fly more, I want to fly with my friends and family, I want to fly alone. Am I whining? Yes damn it, I am. I've been flying since 1984 without issue. I've proven myself fit to fly - but I'm stuck.

Yep - this is turning into a pity party. If you know, you know. Flying is in my blood, it's a part of me and bureaucracy is holding me back. So, on that note, I'll stop whining and move on. I sincerely hope that when I update next I will have good news.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 06/05/2024

Yep - still nothing. No indications, no movement but at least, no questions. I've not updated in a while because nothing has changed. The difference today is, I filed a request with our local congressman to help get insights on where the application is. There is a process whereby you can request help with a government agency is you are stuck in a process. I would say after the extened period of time of this application alone, almost 6 months is an extended period of time. It's simple to do. Fill out a Privacy Act Waiver and outline the issues you are having. I had my lawyer frame out the issues and a request from help. Within a couple of hours I got a response from the congressperson's office stating they had received the request and were taking action, and an affirmation that they will work this case through to completion, though they don't guarentee a favorable or swift outcome. I've heard that the FAA have to address congressional requests as a priority so I'm hoping it helps timing one way or another. We will see. If you were to read the forums most have stated that within a week or so of a congressional request they had a response from the FAA, and 99% of those were positive outcomes. One can but hope.

In the meantime I have been saving hard to purchase an aircraft. I was looking at a local Mooney M20C but after flying it decided the price wasn't great for the way it flew, or the condition it was in. I'm still interested in a Mooney, or a Bonanza 35. If not a complex aircraft then I am also looking at the Grumman Tiger. Time will tell what I choose. It's a a capital investment either way, even if I purchase before my medical comes through. It's getting expensive flying every week with an instructor as a safety pilot. Much as I am doing IFR training, I've burned past the instructor required hours and just need cross country and IFR flight time, all of which I could get solo or with a safety pilot that I don't have to pay instructor's fees for. Not whining - just stating some facts.

Time to get back to work. Fingers crossed for a positive outcome from the congressional query to the FAA!

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 06/19/2024

There is a slight change in the MedXpress portal. It says the FAA sent a correspondence yesterday, but the process still remains "In Review". This might be a reaction to the congressperson's request for information on timing, or might not. I really don't know. I tried calling to get them to email me the letter instead of waiting but the message said they can't answer the phone at this time. So, I called the local flight surgeon and got the message that they were on a federal holiday, which was odd since yesterday wasn't a federal holiday. So, at least something is coming in the mail, but I have no clue what. I will be working from the other side of the state next week so will probably have to wait until I get home to see what they sent. That bites to be honest, but it is what it is. I just want this nightmare to end.

There are other things afoot regarding flying, but I'm not going to talk about them until I have some sense of action. I find that I get excited about something then have my hopes dashed, so, I'm refraining from getting excited about anything flying-related right now until there is some concrete action. That, in itself, is sad isn't it? Perhaps that will change when the nightmare is over.

That's the update for now.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 06/21/2024

I called the flight surgeon for Washington State and had them email the letter to me. It said my medical records are being forwarded to the Federal Air Surgeon's psychiatry specialist for consultation. Once reviewed it goes back to OKC for a decision. Considering it didn't get default denied on the initial review makes me cautiously optimistic. I don't know if I dare get my hopes up though. 

I'm reading forums about possible next steps. If the psychiatrist review is favorable I should be issued a special issuance within a couple of weeks. The problem is I don't know how long it will take for the review to happen. Much as it appears to be a path forward it's still going to be "hurry up and wait". 

I talked to my lawyer this morning and he said it looks promising. He suggested I request my airmen notes from the FAA to see if I can get any further insight into why it went the route of a psychiatrist. It might be something to do with my case being a complex medical issue, and they want to sanity-check the path forward - well, here's to hoping.

With all that's going on around me right now the stress is quite high. What I've noted is that doesn't affect my sleep like it used to. I have a sleep pattern that works, and keeps me awake and aware all day. Stress is a constant in my life but it is something that is under control, which is quite nice. Noting that I get better sleep off the medications than I ever did on them still hits me pretty hard. Have I wasted 17 years on a false diagnosis? That's tough - but - what I know from life is that you can't change the past, therefore stop punishing yourself for it. If I can function as well as I am under this kind of stress imagine what it's going to be like when this is resolved. Now there's a positive thought.

I do need to stop trolling the forums though. I'm picking up on a lot of negativity as opposed to subjective information, which is counter-productive to wanting to feel positive about next steps. Time feels like it moves slowly when waiting for something like this whereas it marches on at a frantic pace.

Regardless of outcomes I will fly - I have to. I am flying tomorrow as it happens.

Ok - now I'm rambling again. Time to get some rest.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 06/30/2024

As you might have fathomed I check the MedXpress website every day, multiple times a day, and today was no different. With it being Sunday I didn't expect to see any changes, but color me surprised to find out my application is now in 'Final Review'. That doesn't mean it's a done deal, but reading through the forums where folks have gotten that far, they have all received their special issuances, or medicals. So, I'm cautiously optimistic. That's the good news.

The bad news - my position at the company I was working at was eliminated on Thursday of last week. That was a shock that I did not see coming and has put a cloud on any plans I had of finishing ratings. I need to consolidate and save money just in case I can't find a new job in a timely manner. There's a whole lot more thought and emotion in that loss ( as you can probably imagine), but this series of blog posts is about the FAA medical. Much as this loss affects me emotionally, it will not dictate how I succeed, that I know. With that stress, the stress of fighting this battle with the FAA, and the stress of trying to sell our house I'm surprised I have maintained my sanity - though sometimes I'm not sure that I have.

That being said, I may have a positive curve ball up my sleeve, but I'm not going to reveal that one until it's all finalized. Life goes on... and you know the tagline.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 07/07/2024

Here's the 'up my sleeve' thing. Right before I was laid off I purchased a 1997 Vans RV-6A from a guy local to me, based out of Troutdale (across the river from where I live). With that aircraft, I get a shared hangar for $175 a month, and the guy who shares the hangar with me is a Vans authorized RV transition trainer (CFI).

Why did I purchase you might ask, knowing I don't yet have my medical? Note that I am not going to break the rules. No medical = no solo flying. If the worst-case scenario happens and I don't get my medical I have more than enough folks willing to fly with me and pay half the fuel costs. Those are folks who need flying time as they work towards a specific rating or gaining hours to fly for the majors. I made sure there were ample folks available in that case.

I have done half of the type training so far, with the other half happening tomorrow morning. That will give me four hours of transition training on type, which is the minimum required by insurance. From there, I have one fellow who needs to rack up cross-country hours. We'll put together some times to share the fuel costs and get some flying done. My aircraft was built for bigger folks (the previous owner is 6' 3"), and this guy is 6' 2" and over 220lbs. If I remove all the extra padding from the seat he'll fit nicely. I currently have to heavily pad the pilot seat so that I can see over the panel, but that's ok. Much as I want to fly solo at least I can fly.

Here's a couple of pictures for reference. The undercarriage and wheel pants need painting, but that isn't a super expensive thing to do. This aircraft flies well and is very stable and slick. I'm estimating flying around 140 knots at 8.5 gph - that's quick and quite sippy on the gas. This plane has a basic panel but enough for VFR flying, which is what I'm going to be doing for a while. It's a beautiful, well-built, sturdy, and fast little two-seater, and is a ton of fun to fly.

Here's a side view:

Here's the other side view:

...and here's the panel. Yes, it is basic but it has everything I need, though it's missing an attitude indicator and larger compass:

I've flown it twice so far and am getting used to the semi-automatic constant speed prop, as well as having to add some flight checks like using the booster pump, remembering how to use the carb heat and leaning off the engine on the ground, as well as in the air. It's a learning curve but I'm getting it. The guy I purchased it from is being really helpful and responsive to my questions, which is a boon. 

So, there you have it. Some exciting news - I am a proud aircraft owner flying out of a towered airport now. That's quite the responsibility and is going to be a lot of fun.

Back to reality - there is no change on the MedXpress website. It is still showing "final review". I'm hoping it doesn't take too much longer for them to issue my medical.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 07/10/2024

Well, not good news so far. I got a 'stop' notice in the MedXpress portal that says "You are not medically cleared to operate an aircraft". Whilst that seems definitive my lawyer says it doesn't necessarily mean denied. We need to wait and see what the letter from the FAA states when I get it.

Right now I'm still in shock, so I'm not going to write much. I'll update once I get my head together.

EDIT: I petitioned the regional flight surgeon for the letter, and received it. It was a denial of the medical and a denial for a special issuance - but - on the second page it stated:

Quote:

I am willing to reconsider your request for airman medical certification with submissions of the following information:

• Provide the clinical progress notes (actual clinical records) and test results associated with the original evaluation and diagnosis of narcolepsy from all health care providers (e.g., neurologists, sleep specialists, etc.). Include the results of the original diagnostic polysomnogram (sleep study), multiple sleep latency test (include the results of any urine drug tests for medications or substance use during the MSLT), and any documentation of adequacy of sleep in the two weeks preceding the tests/studies.
  
  
• A detailed clinical progress note from your treating physician regarding sleep apnea in accordance with the enclosed specification sheet or equivalent.
  
  
• A PAP device report that meets the following qualifications. (1) MUST cover the last 12 months, not just the last 30 days. (2) It shows the actual time the device was used during this period. (This is different than a report typically generated for insurance providers which only shows if the use is greater or less than 4 hours). (3) Target goal should show use for at least 75% of sleep periods and an average minimum of 6 hours use per sleep period.

End quote

The first one, well, that diagnosis was twenty years ago. I sent a request for medical records to the hospital where that doctor worked since he's not there anymore. I'm hoping that those records still exist and that they can still provide them. Just in case I also petitioned Stanford for my records, since they took over from the first guy. I am on edge again. The rules state that medical records only need to be kept for ten years. What do we do then? Ugh ...my head ...

What is interesting about the second two is that I do not have sleep apnea That was stated in the documentation already sent to them. I'm not yet sure how that needs to be handled. Again, the lawyer should provide more context around what we need to provide to satisfy that one.

Thought dump - but I'm still going around in circles. What if I can't get the medical records? Am I hosed? 

I'm meeting with my lawyer tomorrow (yeah, my birthday) at 2:30 to discuss what comes next. So many questions ...sigh.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 07/11/2024

I spoke with my lawyer today, and all we can do is try to gather the information needed. For the first item, I called the hospital associated with the doctor who initially diagnosed narcolepsy. They are going to do a records search. If they don't find anything they will send a letter stating the records do not exist or have been destroyed. That will take a week or so. I was told to check in 3pm on Monday 7/15. 

I also need to request partial airmens notes (again). My lawyer will send over the date range I'll need to submit the request to the FAA then follow up with the regional flight surgeon to get it expedited. More time ...sigh.

For the other two related to sleep apnea I'll need to send the FAA letter over to my sleep doctor and ask him to again iterate the results of the sleep study that showed no OSA, fill out the form attached to the letter and remind the FAA that since there is no sleep apnea there will be no records of using a CPAP since a CPAP is not required.

It feels like I'm chasing my tail again, giving the FAA information they already have or know. But, if that is what it takes to get the medical sorted I'll do it. I just wish each step didn't take so long.

Now I need to go do some more sleuthing for information.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 07/17/2024

I've been searching for records and so far am not finding any. The hospital stated I have never been a patient there, which means the doctor was a private practice and, since he seems to no longer be practicing my notes would have been destroyed. There seems to be a somewhat universal 10-year time frame for deleting medical records.

I tried the sleep lab that conducted the test. They have no records either so I'm assuming they have a data retention period also. I've asked for them to confirm but it's probably not a priority for them.

I even reached out to Stanford. They were in between the original diagnosis and the sleep doctor I spend nearly ten years with. I've heard nothing back from them, plus that was a long shot.

So, all I have is the one-page record that my sleep doctor sent showing the results of the MLST. I don't know how this will play out with the FAA. Perhaps they will be fine with the note stated the records no longer exist and the doctor is no longer practicing. At this point, I have no clue.

I'm still flying, though now I'm flying my airplane with fellow pilots. My conscience will not allow me to fly outside of the rules, and I'm ok with that. Today we flew from Troutdale, to Eugene, to Scappoose for fuel, then back to Troutdale. That was a 2.8 hour flight and was awesome. The RV6A is slick and fast, and handles really well, although I still need to get better at landing it. I always seem to flare too soon ...or was it that my passenger pilot friend weighed 300 pounds? Perhaps both!

Anyway, here's a wing-tip view of today's flight ...pretty awesome.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 07/20/2024

I realized that the referring doctor for the sleep studies was a different person and tracked them down. They are still practicing however I haven't been a patient in nearly 20 years so my records were destroyed. Oh well, it was worth a try. They were supposed to send an email confirming that on Friday, but I haven't received it yet. I'll follow up on Monday. If I can get an email confirmation, that would probably help me.

I'm keeping my eye out for other pilots that have a medical that want to fly my plane with me. There are folks out there who need flight time or cross-country time for their ratings, and splitting the cost would be about a $50 commit for 3 hours flying - not a bad price. That also means I stay current whilst I wait for my medical. Plus, my biannual flight review is due early September - need to get that done. I have a CFI who can do that at least.

I'm still waiting for the airman records from the FAA. That's the last piece of the puzzle before I meet with my sleep doctor again for the two follow-up questions the FAA sent over. It would be a lot quicker if we just sent over the answers but my lawyer wants to be thorough - I guess I can't argue with that, though we're coming up on two years fighting this, one year with a lawyer. It's stifling...

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

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