Suing FAA Medical

cali

Senior Member
Mar 29, 2015
279
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Has anyone lost their ATC job for the FAA pulling their medical cert at the regional level and then appeal the FAA's decision at the FAA HQ level only to have the FAA at HQ to reverse their decision and reinstate their medical cert? Because this is the situation I'm facing...I was a prior FAA employee who was let go due to washing out and not retained by the NEST. I reached a settlement agreement shortly after with the FAA through the MSPB to be reinstated pending the typical medical clearance that everyone is required to pass. During this reinstatement process I worked for a contracting company doing ATC and while I worked with FAA HR, they said they would not honor my settlement agreement and reinstatement because they diagnosed me with a personality disorder from events as a juvenile and in the military that the FAA said was fine when I was first hired. The fact that the FAA said these incidents where fine when they first hired me in 2014 and then say those incidents are not fine anymore and linked to a personality disorder is shady for lack of better words. The FAA's diagnosis of me having a personality disorder not only caused me to stall my reinstatement with the FAA but also caused me to lose my contracting ATC job. If FAA HQ overturns their medical decision and reinstates my medical cert, doesn't everyone agree that I should be compensated for essentially what would be a "misdiagnosis" at the regional level and I should receive back pay from them causing me to lose my job? I'm just looking for at least one person who was negatively impacted financially because of a misdiagnosis at the regional level and had the FAA overturn their decision at the HQ level. It seems I've been put in a situation not many have been through, as far as losing a contract ATC position due to FAA misdiagnosis and being involved in a settlement agreement from a previous stint working for the FAA.
 

Stinger

Epic Member
May 24, 2009
1,563
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There was someone else that posted recently that's in the same position as you. Was working a contract tower, and ran into the medical problems when applying for the FAA. ATC medical revoked, so no more contract controlling, until it's all sorted out.

Probably something that the FAA would rather just settle on instead of doing the whole court thing, so how it'll turn out is totally unknown.
 

cali

Senior Member
Mar 29, 2015
279
0
16
Well I'm for sure suing for lost wages, defamination, damages, stress, having to relocate, not being able to afford insurance and seeing doctor for things no related etc...its BS the FAA thinks they can just cause someone to lose their job on the spot like that. Biggest flaw about this careerfield, you're just one docs decision away from being jobless. And EVERYONE in the careerfield can easily be in a similar situation.
 

cali

Senior Member
Mar 29, 2015
279
0
16
Idk your current situation but since its EEO, can you not do the MSPB legal process? And yes I totally feel ya on that...the doc that said I had a personality disorder was a contracted doctor and so no one from the actual FAA has ever talked to me, yet they make career decisions on the paper scribbles of outside docs...
 

cali

Senior Member
Mar 29, 2015
279
0
16
So after the doc that did your exam made the phone call to the FAA flight surgeon and was told it's ok, the doc still didn't medically clear you!? So are you currently in the process of suing the faa/dot? I'm guessing you've never been a FAA employee?
 

lowapproach

Epic Member
Oct 29, 2010
1,316
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The FAA's diagnosis of me having a personality disorder not only caused me to stall my reinstatement with the FAA but also caused me to lose my contracting ATC job. If FAA HQ overturns their medical decision and reinstates my medical cert, doesn't everyone agree that I should be compensated for essentially what would be a "misdiagnosis" at the regional level and I should receive back pay from them causing me to lose my job?
My dude. For argument's sake, I'm going to assume that you don't have a disqualifying personality disorder.

You are most likely in this position because someone in HR is mad about your MSPB settlement, and spent time looking for a way to avoid giving you a Class 2. If a regional FAA flight surgeon helped some region's HR find that way to avoid giving you your medical certificate, why is FAA HR at the HQ level going to overturn that in your favor?

If FAA suspends your medical certificate, you lose your job. You lose your job, you probably can't pay a lawyer to help you sue the FAA for its decision, a decision which a court may ultimately find justified regardless by medical evidence that the FAA did not fully consider the first time around.

Forget about back pay. The FAA does not owe you a Class 2 just because it settled with MSPB to reinstate you, and if FAA HQ doesn't overturn the regional flight surgeon's decision, you will need to show why his medical opinion was wrong to some court or administrative panel just to get reinstated. How hard will that be if you can't work as a controller in the meanwhile?
 

cali

Senior Member
Mar 29, 2015
279
0
16
My dude. For argument's sake, I'm going to assume that you don't have a disqualifying personality disorder.

You are most likely in this position because someone in HR is mad about your MSPB settlement, and spent time looking for a way to avoid giving you a Class 2. If a regional FAA flight surgeon helped some region's HR find that way to avoid giving you your medical certificate, why is FAA HR at the HQ level going to overturn that in your favor?

If FAA suspends your medical certificate, you lose your job. You lose your job, you probably can't pay a lawyer to help you sue the FAA for its decision, a decision which a court may ultimately find justified regardless by medical evidence that the FAA did not fully consider the first time around.

Forget about back pay. The FAA does not owe you a Class 2 just because it settled with MSPB to reinstate you, and if FAA HQ doesn't overturn the regional flight surgeon's decision, you will need to show why his medical opinion was wrong to some court or administrative panel just to get reinstated. How hard will that be if you can't work as a controller in the meanwhile?
For argument's sake, if I get told I have a personality disorder by a contracted doc at the regional level because I told him my favorite color is yellow and that doc associates everyone with the favorite color of yellow as having a personality disorder, you don't think I'd have a case? Obviously that's an extreme comparison but the arguments in my case aren't far from that logic. One doc looked at my juvenile record and associated it with a personality disorder. Even though I went through the Air Force, Security Clearance process, and hired by FAA before with my juvenile record known and signed off ok. Honestly, the doc that said I had a personality disorder, simply didn't look into the facts surrounding my juvenile record that made it seem far worse than what it was. I mean lets be real...if the docs claims were that strong, how the hell did I join the Air Force doing ATC, then ATC as government contractor, and then ATC in FAA? Now after 15 years has passed since my juvenile days and no incidents at all since then, you're gonna tell me I have a personality disorder and can no longer do ATC for life? It's a joke and a battle I'm willing to take to the highest level. I'm no worried about the financial burden on pursuing this, I'm prepared!

To answer some of your paragraphs, you're damn right someone in HR is mad, in fact I can tell you there's more than one person who is. If what you said is true, that they looked at a way to avoid giving me a class 2, that makes my case even stronger. It's called "collusion"!

Next question, why would FAA HR at HQ level overturn this? Well first off all, the appeal isn't through the HR office, it's through the FAA Medical office at HQ. And if you know anything about the FAA, you should agree with me that the FAA is SOOO bad at the left hand not knowing what the right hand is doing. I could give you a dozen examples of this but it would take forever. Just believe me. Honestly, it doesn't really matter if FAA HQ overturns my appeal, because the buck doesn't stop there. The next appeal process is an administrative judge through the NTSB and then my valid arguments will be outside the FAA and away from bias. The FAA loves to play by their own rules in their house, but once you bring arguments outside the FAA, they start playing fair. That's how my settlement agreement worked the first time. I presented the EXACT SAME FACTS to the FAA and they brushed me away. When I presented those facts to the MSPB, guess what? The FAA offers a settlement...Think about it!

Your next point, I've had a lawyer for over 2 years and counting. I know part of the FAA's logic is to just tire people out with delays and have them give up, but I'm not budging.

Your last point, how hard will it be if you can't work as a controller in the meantime while going through a court? Ha I don't mean to be "that guy" but I have a master's degree and a side business, I'm fine. Bottomline, I DON'T HAVE A PERSONALITY DISORDER and I be damned if I'm gonna be mistreated because of one CONTRACTED doc that said I do, even though I have dozens of letters of character by ex-coworkers who are ATC that said I'm good. Also have letters from high regarded docs, who signed off on me not having a personality disorder. I spent $9,000 seeking third party docs (Who are highly regarded in their fields) to fight this small time CONTRACTED doc's decision.
 
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cali

Senior Member
Mar 29, 2015
279
0
16
Exhibit A
Not retained by the nest...


Exhibit B
Seems to me that ya do...




uhhh. do you even own a mirror?
Lol you don't know the specific facts. You think the FAA would have reached a settlement to get me reinstated if they thought what they did was justifiable? Look into the mirror and ask yourself that. If that was the case, you'd hear all NEST rejects get offers back in. Go troll somewhere else
 
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boots

Senior Member
Jan 6, 2017
261
3
18
Lol you don't know the specific facts. You think the FAA would have reached a settlement to get me reinstated if they thought what they did was justifiable? Look into the mirror and ask yourself that. If that was the case, you'd hear all NEST rejects get offers back in. Go troll somewhere else
I'm pretty sure he quoted you. Those were words that you typed out on this very website.