View Full Version : What are my chances of a sucessful appeal?


Odai
21st Nov 2011, 16:49
Hello,

Almost two years ago, I lost my JAA Class 2 Medical Certificate as a result of starting on Escitalopram SSRI medication. I posted here for advice at the time:

http://www.pprune.org/medical-health/398704-medical-certificate-suspended-due-medication.html

I got plenty of great advice from this community. Still however, I am having issues getting my medical back. After I made that thread, I was on 10mg escitalopram daily and then this was reduced to 5mg daily over a total period of about 1.5 months. So in February 2010, I was off the meds completely. However, even a month after that (the CAA had told me I would have to wait for that amount of time after stopping the medication for my case to be reviewed), I was still in treatment (psychotherapy, no meds at all), and so could not get my medical back.

From that time until May 2010, I was referred between various doctors, eventually being put on a treatment plan with a psychologist. Since then, I have been attending regular sessions with him. However, due to the nature of the treatment and my condition, I decided in February 2011 to try to get my medical certificate reinstated with the support of reports from the various doctors I'd seen (whilst still undergoing treatment). The CAA's response at the time seemed very black and white. They basically stated that, due to the fact that I was still on a treatment plan (ignoring the nature of both the problem and the treatment), there was no possibility of the certificate being reinstated, and that I should get back in touch with them with a final report from my doctor once the treatment reaches its conclusion.

Recently, I decided to try again, and to appeal this decision. Basically, I'm going off the idea that my condition is really a minor one, with no significant or specific psychiatric disorders being diagnosed. Specifically, I have issues with perfectionistic thinking patterns and obsessive compulsive tendencies (I don't even meet the minimum number of criteria to be formally diagnosed with Obsessive Compulsive Disorder). These have never had any impact on my flying at any point.

I spoke to an Aeromedical Adviser on the phone, and was advised that as I am still under treatment then, again, they may well not be able to do anything for me, but that I can go ahead and try to appeal anyway.

When this whole mess began, whilst I was obviously very disappointed, I did feel as though being grounded was for my own good, and that the "rules are there for a reason". As a result, I wasn't really too resentful. However, by now, I have to admit that I feel as though 99% of this struggle is a fight against a ridiculous amount of red tape, and that there is no significant benefit to me being grounded whatsoever.

My plan of action now is to write (or email) the CAA as advised to appeal the decision, and also requesting they write to my psychologist to obtain any necessary information.

I am posting here to ask for any help or advice any of you can offer. Is there any thing specific I should mention in the email/letter? Any past experiences to share etc?

I'm finding this situation quite frustrating, and I'd greatly appreciate any input you may have. :)



Naki Boy
22nd Nov 2011, 00:48
Hi Odai,

Sorry to hear of your issues re medical. Just a question are your so called OCD symptoms aviation related? For example are you feeling like you need to do a lot of corrections with dials, throttles, mixtures when not needed or are these OCD traits in normal day life?

DSM are a waste of time. Anxiety is anxiety OCD falls under that category you just supposedly have a reaction to do something compulsive which relieves anxiety. Am i right? If it is aviation related I think that is where the problem lies. An yes we all do the checking thing dont we as pilots.

Odai
22nd Nov 2011, 13:39
Hello,

Many thanks for your response. :)

I do have issues with behaviour/thoughts that can be considered perfectionistic and similar to what OCD sufferers go through, but I do not meet the diagnostic criteria.

Also, I have never experienced any issues with this in relation to my flying.

I'm just not sure how I can go about convincing the CAA of this.

Odai
29th Nov 2011, 13:23
Hello,

I'm wondering whether a formal letter or an email to the medical department would be more appropriate here. Does it make any difference?

Irish_Avro_Driver
29th Nov 2011, 18:26
Is your psychologist helping - does he/she have a idea or roadmap as to the length of your psychotherapy ?

zero1
29th Nov 2011, 20:14
Sorry to hear about the experience you have had to date and as a long term suffer of General Anxiety disorder (GAD), plus the loss of my CPL and CAA class 1, I know the feeling only too well of going through this process... Having said that there are a few things to be aware of:

• Whilst under a treatment plan the CAA are likely to consider that you are still ill, despite not being on medication. The first thing to do is contact the CAA and ask them what type of report they need to confirm you are well and fit for flight. This is likely to be in the first instance, a report from you consultant and then by your GP to confirm you are not on medication and free of symptoms. Depending on the length of your illness you will need to demonstrate that you are free of symptoms for a period of time this could be 3 or 6 months irrespective of whether you are still seeing a consultant.
• Alternative and assuming your GP is happy to sign you off for a professional driver medical you can still fly on the NPPL with or without taking SSRI drugs... This will allow flight in UK airspace VFR only, so no overseas trips
• Lastly the medical rules are changing in April 2012 as EASA are taking over the medical standard, this being the case I would also ask the CAA how this will affect your case.
• Finally, for those of you who do not suffer a mental health issue then you are lucky as 1-4 people will be affected by this in their lives and in some work groups this reduces to 1-3 were stress in the work place is seen as a trigger. Depression and Anxiety are the most common and these are made up of many conditions, ranging from the severe to mild in presentation.


Best of luck... :ok: