• May 2nd, 2025
• Life
• By Steve Shead
• 0
• 0

Part Four - FAA Appeal Failed - On to the NTSB

UPDATE 04/29/2025

I had a call with my lawyer today. Here's where he tells me that appealing to the NTSB is not covered by the contract I have with them. They want $15,000 retainer, plus an hourly charge. Yowzer! I did not see that coming. At no point during the conversations where I have asked about next steps and cost was this ever disclosed. That was a shocker. So, I'm on my own again. Almost three years in and not gotten anywhere.

I have already put together the NTSB required documents and emailed them, as well as sending a certified mail package to them later when I go out. If it wasn't looking good before, it's looking even worse now. The NTSB is not known for overturning FAA denials, to be honest, even if I think I have been wronged. 

In quiet moments, I sit and think on what is going on, and I don't get it. The FAA have outlined requirements in an AME guide. I fulfilled those requirements and some, and am still being denied. It is safer to fly than to drive a car, but you don't need a medical to drive a car. I would swear, but that doesn't belong here.

Okay, so I am regurgitating things I have already written but I'm stuck behind how assinine this is. I'm still going to fight. I'm told most would have given up by now. I don't know that I believe that, but I'm not giving up until I've satisfied the last avenue to get this done.

I'm off to walk the dog and mail the docs.

---I walked the dog and posted the certified mail---

A thought crossed my mind as I re-read the above update. Have I given myself credit for the fight? Sounds odd, right? I am fighting hard. I am committing time, money, and a whole lot of 'me' to the fight, but have I given myself any credit? I am fighting hard, and I am proud of myself for not giving up. Three years is an awfully long time to carry a burden like this, but it is a worthwhile cause. I am worth it ...the cause is worth it, and damnit, I deserve to win. I am being too hard on myself...

There ...I said it! Come win or lose, I can hold my head up high knowing I fought with everything that I have. I will not leave anything on the table. On the opposite side of the curve I will not let this define me. I will not let this bring me down. I am better than that.

Now that it is on paper, I can move forward. Per Ardua Ad Astra!

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/05/2025

No updates, but I did fly this weekend and wanted to show the passion is still there, as well as prove it to myself. My friend McKenzie (CFI) and I flew from Troutdale to Astoria to Tillamook back to Troutdale. The weather was stunning and the views simply amazing. This is why I fight - this is flying - this is me. Here are a couple of pictures.

McKenzie and I traversing the Columbia River.

Me doing some 360's for pictures - it was scenic after all!

Looking south - Tillamook is inland of the bay that you see on the left there.

Ah! That's the ticket! :)

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/12/2025

No updates, yet. No acknowledgement of the appeal documents I sent - nothing. Not sure how long it is supposed to take to acknowledge receipt. If this is an indication of how the timeline for this appeal is going to go, it's going to be months - again.

Meanwhile I requested my airman's notes from the FAA again. If there's something in there the lawyer can use he will continue the fight - if not, it appears that short of $15k, we're done.

This is the interesting part. I get an email from an FAA employee stating my file is too big to mail, and I only asked from September last year to date. That in itself is odd. The email stated I can pay for the paper file, of have it electronically sent to me via a system/service called "Huddle". That's an aha moment. For the three and a half years I've been fighting this I have had to wait a minimum of five weeks to get my file. And now they tell me they have this electronic method. I'm blown away. The irony is, they will send the file and once I have acknowledged it, they will delete it. Though the platform is two way, that is to say it takes uploads as well as offering downloads, an airman is not allowed to use it to upload data. It would make life a lot easier for those of us fighting if we could upload data instead of continually mailing it, but the FAA does not allow that. That seems quite backwards to me. I know the FAA employees are just doing their job the best they can, but boy are the government making it hard for those of us that are struggling with an antiquated and biased system.

I swear, if it is there is another assertion against granting me a medical from a retired sleep professional I'm going to scream. You know the thought here - how can they overrule currently certified (not retired) professionals? I guess I beat that one to death but everytime I think about it I get annoyed. I'm hoping I get the file this week. I'm also hoping to get acknowledgement of the appeal this week, but that might be asking too much.

For now, here's another picture of me in my happy place.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/13/2025

I received my airman's notes packet today. That was a quick turnaround - quickest yet - gotta start with a positive. Where this leaves me though is something to be desired. I haven't read all of the communication yet since there's over 2900 pages but from what I have read, the same retired sleep doctor has asserted again that I cannot have a medical. The point remains that he is retired. One paragraph that got my blood boiling is below:

"I review Dr. <redacted>'s letter. As there is no evidence that Dr. <redacted> reviewed either contemporaneous documentation of symptomatology or the results of the MSLT, I give little weight to the Dr's. conclusion.”

What the actual ...yeah, that pushed my buttons. It clearly states in the letter from that specific doctor that he had reviewed all case notes, MSLT's, Polysomnigraphs and documentation for the last at least 16 years, and made his assertions based on that. There are so many thoughts going through my head. How in the hell is this ok? An expert in the field trained by the guy that discovered what causes narcolepsy is being sidelined because a retired, non-practicing doctor doesn't think he reviewed the data? Holy cow! This is the height of idiocracy and further highlights just how broken the system is. I have no words anymore. 

I haven't received a reply from my lawyer yet. Not that I think they will do anything since they've already asked for another $15k - but I'm at a loss as to how to deal with this now. I have already spent over $10,000 on this. I cannot justify any more money - but - I'll be damned if I let petty bureaucracy deny me my basic right.

I don't feel like I'm being unrealistic. After all is said and done, I have the proof that I don't have the disorders mentioned - yet - the FAA chooses to listen to this retired guy over my doctors. I can't tell you just how frustrating this is ...I want to run around the block screaming. I feel the tension in my legs, in my whole body in fact. It's like being a child and not having control of something that should be simple. Even now I can't explain how it feels.

Why continue you ask? I don't know that folks can fathom what flying means to me. I could actually purchase a particular aircraft and register it as a motor glider, and legally fly it without a medical. I coud fly ultralights, balloons, gliders. I can drive a car and have a motorcycle license ...but I cannot fly - why? 

Yeah - I'm in pity party mode a little right now. I can't seem to get the frustration out of me. I though writing this would help, and it is a little bit, I guess. 

I need to disconnect and try to let it go.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/13/2025

I got a reply from my lawyer, and it appears we are done. Much as he agrees that the FAA retired consulting doctor should not have disregarded another physician's opinion, there is nothing to be done. He cited aeromedicine versus standard ...which really doesn't make sense, to be honest. I am at the mercy of bureaucracy...unfortunately.

After nearly three years, I can't believe we are at this point. Folks are saying that an NTSB appeal is rarely successful. It doesn't matter what opinions my doctors have because they are not well-versed in aeromedicine. Funny - I thought all medicine is the same - but what do I know?

I still haven't received confirmation that the NTSB has received my appeal - I wonder how long that will take. The internet seems to think seven days ...so maybe soon? I actually don't remember when I sent it. I think it's over a week now but it's all blurring together. 

Not a pity party over here - just citing some facts. Yeah, I'm tired - physically and mentally exhausted with everything that's going on right now, but I'm still 'on it'. Let's see where the appeal leads.

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

UPDATE 05/21/2025

I got a reply from the NTSB that they have received the request for the appeal. They don't mandate a lawyer be present if it goes to an actual court hearing, but they suggest you have one. Yeah, I can't afford that.

I wonder how many qualified folks abandon their quest for a medical because it all becomes too expensive? If I want representation for the NTSB appeal it will cost me a retainer of $15k, and hourly thereafter. That's on top of around $15k already spent to get rejected three times.

My case hinges on the retired FAA consultant dismissing testimony from a board-certified doctor who actually met me with, and had access to over 16 years of my medical history. He's the one who stated I do not have Narcolepsy or Cataplexy. If I can get the NTSB to see that dismissing that was wrong, I may stand a chance. Even then, I am told it is less that 5% chance of turning this around.

My lawyer has stated that aeromedicine experience can overrule normal medical experience; however - my case hinges on whether there is an established history of Narcolepsy with Cataplexy. My point is I was misdiagnosed, and the testimony from the last doctor confirms that. Still, in an antiquated system, I'm not sure how that will hold up. The system isn't rigged in favor of airman, it's rigged against us. I get that it is in the name of flight safety but still does not make sense.

MOSAIC currently allows anyone with a driver's license to fly according to certain rules. LSA class aircraft, no more than one passenger, etc, etc. I have a driver's license, but I still cannot fly. There is more to that, but there is a point.

I don't know how long any of this is going to take. If they want an 'in person' court hearing where will that be? So many questions. I'm still unemployed and cannot afford any more expenses, so we'll see where this goes.

I might have to come back in and edit this at some point. It feels like verbal diarrhea right now! ...streamin thoughts ...or is that screaming thoughts?

Still fighting ...more as it happens.

Onwards and upwards!

Cheers

Steve

 

 

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