A pilot who sued the U.S. government after the Social Security Administration mishandled his medical records and allowed the Federal Aviation Association (FAA) to learn of HIV-positive status recently won an appeal on his case.
AvWeb reports a Circuit Court of Appeals has decided that the SSA made an error when the agency turned over the pilot's medical records to the FAA. The man-who received a diagnosis of HIV in 1985-had applied for Social Security disability benefits and disclosed the condition to the SSA as part of the disability application process.
The FAA learned of the pilot's HIV-positive status when it launched Operation Safe Pilot to determine which pilots were receiving SSA disability benefits, and why. The SSA turned over the records of more than 45,000 people with pilot licenses in Northern California.
The pilot had not disclosed his diagnosis because at the time, the FAA did not offer licenses to those taking certain medications for HIV. As a result, the FAA sued the pilot.
The rule regarding HIV and the FAA has since changed. The pilot asserted that he suffered embarrassment and mental anguish because of the SSA's mishandling of his medical records and the FAA's reaction. The court awarded his appeal, which also stated that his right to privacy had been violated.
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