Denied by FMSCA (lazy eye), suggested to look into state driving (NY) Where to go from here?

Discussion in 'Questions From New Drivers' started by Cdbrant1, Jul 24, 2017.

  1. Cdbrant1

    Cdbrant1 Bobtail Member

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    Jul 24, 2017
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    Hey everyone, I'll try to keep this as short as possible. Anyone with ANY feedback or knowledge of these situations (whether positive or negative) please chime in.

    Basically I could not pass the DOT physical due to a lazy eye. Everything else was fine, but the condition is not correctable as far as I know.

    I saw an optometrist within the 30 days who wrote me a great letter (excellent peripheral vision, scored 100% on color test, overall visual acuity 20/20, and stated in her medical opinion I can safely operate a CMV.) Still denied me.

    I applied for a vision exemption through the FMSCA and was denied. They stated because of my lack of CMV experience, it could not be determined I would be as safe as the next person without a vision deficiency. I called the FMSCA and spoke to a nice lady who suggested looking into driving within my state to gain that experience I was denied over.

    Where do I even start? I'm kind of lost as where to go from here. How and where do I apply for a CDL to drive in NY with the vision issue? Is there a specific program for it?

    Is it realistic I can obtain a CDL A within NY state?

    Does anyone know anything about medical variances? K restriction? Particularly in NY?

    I have pretty much a blank check through NYS (up to 10,000$) for vocational services, should I forget about being a truck driver and use the money toward something else?

    To be honest, I want the CDL A because you can make money and I am not the 9-5 office kind of guy. The trucking school was 5200 and only 11 weekends. Quick.

    Has anyone seen a Dr. and actually gotten a CDL with a variance?
     
    moloko Thanks this.
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  3. ZVar

    ZVar Road Train Member

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    Why would you want to get in a career where every 1-2 years you will have to fight just to keep your job?
    I suggest a vocation that does not require as much regulation on eye sight.
    Plumbing, electrical, welding all pay good and no worry every physical if you will keep your career.
     
    MrEd Thanks this.
  4. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    Computers pay dng good. My bro in law is 19. Got his C+ cert. Working on associates degree. Already has job lined up when he graduates making 60k start.
     
    pattyj Thanks this.
  5. Cdbrant1

    Cdbrant1 Bobtail Member

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    Because it's quick. All it is to me is a means of making money. Where else can you make 50k + for only 11 weekends of classes? Know what I mean?
     
    Chinatown Thanks this.
  6. Chinatown

    Chinatown Road Train Member

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    I'd try the intra-state driving to gain experience. Some of us aren't cut out to sit in an office or punch a time clock in a factory or retail store.
     
    MrEd, Velli, RedRover and 1 other person Thank this.
  7. Dennixx

    Dennixx Road Train Member

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    Your drooping eyelid can be fixed.
    Check w an eye doctor and facial plastic surgeon.
    They remove some eyelid muscle.
     
    G13Tomcat and longbedGTs Thank this.
  8. bubba mark

    bubba mark Medium Load Member

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    If you are unable to get certified you won't be able to get any job in state or out that requires a CDL. Have you tried going to a different Dr?
     
    Chinatown Thanks this.
  9. moloko

    moloko Road Train Member

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    Do you have an appeals process in this situation? Because you're saying your optometrist had adjudged you as fit for duty per the DOT regulations. This other doctor is arbitrarily denying you the medical clearance. Meanwhile, the FMCSA is probably making a decision based on limited information, and are assuming that you are not as safe as the next person without a vision deficiency. You have objective medical evidence showing that you do not, in fact, have a vision deficiency. Call them back, and explain the situation--but before you do that, send them the documents from your optometrist showing you are fit for duty per DOT regulations . Make sure that optometrist states in their letter, that they are familiar with the DOT regulations specifically. That is key.

    Their argument will unravel completely when you can show them you do not have a vision deficiency. You could also call out the doctor who is arbitrarily denying you a medical clearance, for disability discrimination. If he's not performing objective medical tests to show you do not meet the minimum vision requirements, then he's just discriminating against you at first glance--clear and simple.

    You have evidence that you do not have a vision deficiency--from an optometrist. The optometrist specializes in eye disorders and is far more qualified than this idiot doing your physical. Let me guess, he's a chiropractor or P.A. or some other unqualified idiot who refers every fat guy to his buddy's sleep apnea clinic down the street. That's your argument dude, if this idiot doing your DOT physical isn't equally as qualified as your optometrist, I'd say he should shove his opinion up his orifice.

    You see what I'm saying? Don't give up the fight and nail them as hard as you can on this one. You're being discriminated against based on stereotypes, and that's against the law. Blow the whistle on this one, please.

    If your lazy eye isn't actually causing a legitimate vision impairment--and it sounds like it is not based off your optometrist's assertions--then I think your doctor is discriminating against you based off stereotypes. Essentially, you're being denied a DOT medical clearance for cosmetic reasons, and that is not legitimate at all. I'm pretty sure that is illegal, it's probably an ethics violation on this so-called "doctor"'s part , and I think you can nail them good on this.
     
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  10. longbedGTs

    longbedGTs Heavy Load Member

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    Yep, but from what I've read, they use muscle from the forehead to assist the levator muscles(which hold the eyelids up). I have had a lazy eye all my life and never had any problems with the DOT physical...and vision in that eye isn't as strong as the other and everything has a slight blue tint to it.
     
  11. Chinatown

    Chinatown Road Train Member

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    The OP probably should go to another state and start over and not mention anything about the past. No reason to invite problems that don't exist.
    Maybe he has relatives in a faraway state and can go there and use their address. While there he can say, "Know what? I think I want to be a truck driver. Any cdl schools around here?"
     
    bottomdumpin and longbedGTs Thank this.
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