Before I go into those details about Fabian's interactions with me, Due to the FAA's draconian policies, that were not even modified during COVID in the Summer of 2020, I as a Commercial Pilot that started flying in 2007 was forced to find a "FAA Approved" psychologist and that John Matthew Fabian is the one one approved for all of Central Texas. I did now any of the information presented in this website that has been under contruction and constantly updated since 2021. Not even reviews of Fabian. (who has none for Texas, just Ohio) which the FAA did not afford me the time to inviestigate
I;m also pointing out that Fabian did not present an agreement to sign unlike a designated pilot examiner or DPE which oversees a pilot's checkride to obtain a pilot rating. Those signed agreements also include the Pilot's Bill or Rights which was passed Sen. Inhofe has passed through Congress in 2012 https://www.inhofe.senate.gov/newsroom/press-releases/inhofes-pilots-bill-of-rights-becomes-law#:~:text=The%20bill%20requires%20a%20GAO,of%20intentional%20falsification%20against%20pilots. mirrored https://drive.google.com/file/d/1WHO13v9UApanb5ldLeaBocqd2wJKTvej/view
Which required the General Accountability Office to review the FAA medical certification process and requires the FAA to act on the GAOs recommendations within a year. The GAO outlines a number of problems in 2014 in confusion or reporting that however have not been fixed to this day. In fact if anything it had opposite effect where the FAA made the way of reporting past medical history a bigger trap to screw over pilots. Example the old paper from 8500 only lists as "mental disorders" anxiety, depression, ect,
This awareness by the FAA of the vagueness of form 8500 goes back to at least 1987 where The FAA has expressed concerns about the possible vagueness of the Form in the past. The Broderick Memorandum, a 1987 FAA document, noted that the FAA needed to “think about changing the form and substance of the questions asked in” Form 8500-8, in part because the “vague, qualitative, and evaluative nature of these questions" has made difficult the prosecution of people in the past.
https://caselaw.findlaw.com/us-9th-circuit/1137095.html It was only compelled to address it due to Senator Inhofe's legislation and the GAO report along with the forms previous vagueness made it more difficult for the FAA to have pilots prosecuted for perjury where the caselaw continued, If the FAA sees fit to change the questions, it is well within its domain to do so. Meaning the FAA can arbitrarily move the goal posts and instead of changing the reporting to better benefit the pilots, the FAA changed the reporting to strengthen their perjury trap. Likewise the FAA recently moved the goal posts by losening Cardiac requirements but refusing to divulge the data as to why https://www.zerohedge.com/medical/faa-wont-divulge-data-behind-pilot-heart-arrhythmia-decision
Form 8500's replacement, in 2012 is a website called MedXpress, which lists disorders in dropdown menus that have to be answered, which includes many previously unpublished "mental disorders" such as ADHD, which the FAA to this day does not published as one of the 15 medical disqualifiers. https://www.aviationmedicine.com/article/aeromedical-certification-amcsdiws-faa-waiver-processing/#:~:text=The%20fifteen%20mandatory%20disqualifying%20medical,)%3B%20psychosis%3B%20bipolar%20disorder%3B%20personality
Unless otherwise directed by the FAA, the Examiner must deny or defer if the applicant has a history of: (1) Diabetes mellitus requiring hypoglycemic medication; (2) Angina pectoris; (3) Coronary heart disease that has been treated or, if untreated, that has been symptomatic or clinically significant; (4) Myocardial infarction; (5) Cardiac valve replacement; (6) Permanent cardiac pacemaker; (7) Heart replacement; (8) Psychosis; (9) Bipolar disorder; (10) Personality disorder that is severe enough to have repeatedly manifested itself by overt acts; (11) Substance dependence; (12) Substance abuse; (13) Epilepsy; (14) Disturbance of consciousness and without satisfactory explanation of cause, and (15) Transient loss of control of nervous system function(s) without satisfactory explanation of cause.https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/standards/
The report also has stated that a greater number of previous required deferrals by Aviation Medical Examiners or AMEs should now be allowed to be granted a standard issue medical by the AME https://www.gao.gov/products/gao-14-330 However evidence shows that the FAA still has by and large not updated their policy which Dr. Blue calls out at 25 min 26 seconds. https://youtu.be/iNWhpl4DtmA?t=1526
It cannot be emphasized enough these "mental disorders" in the MedXpress Drop down were not on form 8500 and the reducing of vagueness by the use of MedXpress only benefits the FAA in giving them a more clear cut way to prosecute pilots for perjury over their medical history. I can attest to this when I went to get a Second Class Medical in Nov 20, 2007. The ADHD question was not asked. Only with MedXpress was it asked, I answerer it truthfully in September 21, 2018 for my current AME and he felt there was no problem issuing me a Standard Issue Unrestricted First Class Medical, nor did he feel it was an issue in January 7, 2020 after I earned my multi-engine and single engine commercial ratings. In should also be noted that the FAA violated its own statues flagging my medical more than 60 days after issuance. https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/app_process/general/authority/#:~:text=A%20medical%20certificate%20issued%20by,%2C%20or%20the%20Manager%2C%20AMCD%20. A medical certificate issued by an Examiner is considered to be affirmed as issued unless, within 60 days after date of issuance (date of examination), it is reversed by the Federal Air Surgeon, a RFS, or the Manager, AMCD. However, if the FAA requests additional information from the applicant within 60 days after the issuance, the above named officials have 60 days after receipt of the additional information to reverse the issuance. However the FAA issued certified letters with the laser printed signature of Dr. David Obrien MD well past the 60 days demanding additional information on May 29, 2020, with identical copies sent certified mail June 7 2020 and June 26, 2020. The the FAA demanded I take the Cogscreen with one of their approved psychologists within 60 days in certified letters dated July 8, 2020, with identical copies sent certified mail July 18, 2020 July 21, 2020, July 30, 2020 August 7, 2020 and August 11, 2020 in the middle of the COVID lockdowns demanding this must be done only with an FAA approved psychologist and if no response was given within 90 days of the date on the letter the FAA would refer my case for "legal enforcement action" or a denial of medical certification. Notice the legal enforcement action was written first and denial of medical certification was written second. Also the clock starts when the letters are dated by AAM-300 in Oklahoma before it's mailed, not when received by the pilot.
The question, "Have you ever in your life" does not start at age 18 but at conception as far as the FAA is concerned. So not listing getting tagged with ADHD age 8 in 1991 has the consequence of permanent loss of not only a pilots medical certificate, but all their flight ratings as well as a felony conviction leading too 5 years in prison and a $250,000 fine https://www.aopa.org/news-and-media/all-news/2008/march/25/pilot-sentenced-to-jail-for-lying-on-medical-application This cannot be emphasized enough, especially when so many people ask, why did you not report this to the FAA and why pilots avoid medical care like the plague as stated above. All the more reason why The 118th Congress needs to inquire why is the FAA allowed to violate HIPAA regulations when it comes to medical privacy and discrimination as part of the 2023 FAA reauthorization Act.
The one exception is for transgenders where the FAA is no longer considering it a "Mental Disorder," not due to anything proactive regarding aeromedical reform by the FAA but because of a lawsuit filed by the Transgender Law Center. sites.google.com/site/no2cog/supporting-evidence/faa-no-longer-considers-transgender-a-mental-disorder-nor-requires-a-psych-evaluation
Getting back to John Mathew Fabian, not only did he not present me with a written agreement to sign, he didn't he even check my ID. Flight schools post 9/11 are not only required to have a flight students State/Government issued ID on file, but also proof of citizenship, either a birth certificate and/or passport. DPE's check a pilot's ID, logbook of flight hours, as well as signed documentation from the flight school and sign into the FAA's computer system for checkrides called IACRA. The only written personal information Fabian gathered from me was what that the FAA requested which consisted of my college transcript and driving record in advance via email, something most pilots do not have to turn into the FAA and the only thing signed from me is the check I handed him the day I arrived. I can't emphasize this enough, Fabian did not check ID to verify who I was or have me sign an agreement on top of keeping the whole process secretive. He even originally wanted me to mail a check to him in advance which I rebuffed and he was not to pleased about. Fabian also refused to take a character reference list I compiled.
Fabian also lied during the interview process, stating whatever I said would "not leave the room" which was an intentional lie in order to coerce incriminating testimony. When I didn't fall for that, Fabian then used leading questions to craft an answer to what HE desired. Even threatening that he can see inside of me which he has a pattern of claiming to read minds such as when he stated it on the stand during the March 2022 trial of Dabrett Black. https://twitter.com/ClayFalls/status/1501604936873914380 The news reporter thought it was a joke when Fabian wasn't joking. Black hired Fabian as a defense witness where Black was on trial for the capital murder of Texas DPS Trooper Damon Allen which Black was ultimately convicted of.
Fabian described him as "an ordinary guy under extraordinary circumstances" https://twitter.com/ClayFalls/status/1501596889388625921 Because "ordinary guys" murder law enforcement at traffic stops https://www.kxxv.com/story/36915567/affidavit-trooper-killed-on-thanksgiving-died-from-gunshot-wound-to-the-head and had a prior history of violence against DPS Troopers https://www.facebook.com/watch/?v=10155201532846545 The Jury came back with a guilty verdict.
In a similar trial in Ohio in 2019 where Quentin Smith was accused of murdering a Westerville Police Officer, Fabian was brought in by the defense to label smith as having a "broken brain" A term Fabian uses in many if not most of his cases, as reported by The Columbus Dispatch, https://www.facebook.com/8945512054/posts/dr-john-fabian-a-board-certified-forensic-psychologist-and-neuropsychologist-sai/10156890176812055/ and their local NBC Affiliate www.nbc4i.com/quentin-smith-trial/ Jury also returned a guilty verdict.
Fabian demanded I tell him how my Father died, stating if I don't, I would never fly again. Looking back on it trying to get through the process with the least resistance and not pushing back at Fabian was the wrong course of action because Fabian's behavior and actions of malpractice fit the mold of a predator hunting his prey. This is especially apparent because Fabian was also violating my 5th Amendment rights. Fabian admitted in the interview that he only spent time in a flight simulator once, and has no idea what it takes to a pilot, even though he markets his quote unquote expertise as such on his website http://johnmatthewfabian.com/faa/ and even bragged he ended the career of an air traffic controller, as well as his fixation on the Germanwings crash which when viewed in hindsight were major red flags. Fabian also mentioning he refers people to "cognitive rehab" specialists which fits the mold of who Joe LoRusso states are bought and paid for hacks.
That interview on August 1, 2020 lasted a little less than an hour, and was the only time I saw Fabian personally. Fabian clamed on the stand of the Dabrett Black murder trial, "He likes to get a flavor for the person and not just read records. He doesn't want biases coming in." https://twitter.com/ClayFalls/status/1501609160026337284 That is not exactly truthful since how can one "get a flavor someone" in only maybe an hour? There is much more to Fabian being less than truthful on the stand below. Fabian also demanded I keep my mask on the whole time. He also told me not to take any caffeine before the test, as in no coffee, cola, or tea claiming it would interfere with the drug test. The actually assessments were conducted the next day on August 2, 2020 by his two technicians, one who was a trainee.
It cannot be emphasized enough that Fabian and his technicians forced me to take the entire assessment wearing a CO2 trapping cognitive robbing mask https://sites.google.com/site/no2cog/supporting-evidence/cdc-publication-admits-covid-face-masks-trap-co2-leading-to-cognitive-loss?authuser=0, in an old building that had stagnant CO2 soaked air which Harvard University states causes cognitive loss, sites.google.com/site/no2cog/supporting-evidence/carbon-dioxide-concentration-indoors-linked-to-cognitive-loss-according-to-harvard-study?authuser=0 behind Plexiglass dividers which Virginal Tech and Johns Hopkins stated creates "death zones" of stagnant air, https://sites.google.com/site/no2cog/supporting-evidence/plastic-barriers-ineffective-in-stopping-spread-of-covid-19-while-trapping-co2?authuser=0 Fabians office also had cheap laminate floors that could have outgassed noxious gas as well https://www.iqair.com/us/newsroom/your-laminate-floor-could-be-toxic as their was a strong smell of ozone in the office where he was running electrostatic air filters in a poor attempt to mask this, with the Ozone https://ww2.arb.ca.gov/our-work/programs/air-cleaners-ozone-products/hazardous-ozone-generating-air-purifiers#:~:text=Air%20cleaners%20that%20utilize%20ionizers,such%20as%20walls%20or%20floors. itseffects causes cognitive impairment according a 2022 Yale University Study. https://ysph.yale.edu/news-article/ozone-exposure-linked-to-cognitive-decline-in-older-adults-ysph-study-finds/ Fabian's personal office itself was cluttered with artwork laying all over the place including against with walls with barely enough room to walk to a chair and a bunch of folders stacked on his desk. Without factoring in at best how those environmental conditions would adversely affect my performance which either displays gross incompetence, or Fabian knew these adverse conditions would negatively affect my performance in order to rack up another fail considering he bragged to me about having the medical of an air traffic controller's medical revoked. Either way, that in itself is an act of malpractice.
On top of which Fabian's technicians administered the test out of sequence. Gary Kay PhD, the Cogscreen creator, stated under oath in court that the Cogscreen had to be administered first because of how overly sensitive it is and that any brain fatigue from other tests administered first will cause a false positive. sites.google.com/site/no2cog/supporting-evidence/cogscreen-ae-designer-gary-kay-deposed-on-lawsuit?authuser=0 and you wonder why that 2017 FAA Whitepaper that stated the Cogscreen is "100% accurate" has disappeared off the internet. The test creator admitted in cross examination under oath the test is susceptible to false positives which not only contradicts the white paper but is also more in line with what Dr. Jack Hastings stated in his presentations.
Fabian's techs had me start taking the MMPI-2 for 20-30 minutes at first in the waiting room because they were not prepared when I arrived on time. The technicians then had me stop taking the MMPI-2 part way through to have me take the Cogscreen in the exam room, then had me finished the MMPI-2 back in the waiting room after taking the Cogscreen. On top of everything else, the baselines are out of date since according to a May 2022 Cambridge University Publication, Those that have been infected with COVID, (which is pretty much everyone by summer 2020 let alone now) has cognitively aged the population 20 years. https://sites.google.com/site/no2cog/supporting-evidence/cambridge-study-covid-causes-cognitive-impairment-of-20-years-of-aging?authuser=0 The FAA also intentionally uses an obsolete test in the MMPI-2 over the MMPI-3 https://www.nationalpsychologist.com/kahler-v-kansas and backed up https://drive.google.com/file/d/1PqCyelv3gNzoUbKYgQjm8rO-qgK7XADN/view?usp=drive_link due to the higher failure rate of the MMPI-2
https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/media/MMPI-2%20Versus%20MMPI-3.pdf This has since been deleted off the FAA's website to hide this evidence, a copy of that document can be viewed here https://drive.google.com/file/d/1iiCu87y-7MmBBytEpdR8drC7ApeFOF8V/view?usp=drive_link That higher failure rate is mostly attributed to false positives that the MMPI-3 was created to try to eliminate. Due to situations like this, it has been made illegal for technicians, especially trainees to administer the tests in Washington DC and that only the licensed psychologists themselves can administer them. The Cogscreen itself and its codebase from 1987 is a blackbox and as stated by Dr. Blue inappropriate to use and I go over it's faults including the 35 second timed math section later in the email. It should also be noted that the listening component baselines are also obsolete due to the loss of hearing comprehension caused by the masks. https://cognitiveresearchjournal.springeropen.com/articles/10.1186/s41235-021-00353-7 There were other tests that day as well including a test at the end called the PASAT which audibly spits out numbers that you are suppose to ignore and add together out loud over the numbers which Gary Kay also stated under oath in court, makes everyone cry. The PASAT would probably also be condemned by the California Department of Education in the same vein as timed math along with most math instructors. This article in the NIH from 2011 entitled Paced Auditory Serial Addition Test (PASAT): a very difficult test even for individuals with high intellectual capability does not speaking highly of the test at all https://pubmed.ncbi.nlm.nih.gov/21755126/ stating in the conclusion Even under ideal circumstances, PASAT is a very difficult test for the general population. It may not be ideal for neurologists to screen, assess and follow up patients with cognitive function in multiple sclerosis. Fabian's office and being forced to wear a mask the entire time was hardly ideal conditions. A question that should be asked, why is the FAA using a test for multiple sclerosis for ADHD testing, especially at the end of a 4+ hour testing session when the test taker is exhausted?
Those tests cost $2,000 and took 4 hours to complete. which his techs said, "I didn't well enough on" without going into further detail and made me come back for a second day of additional testing over several hours the following week on August 9th, 2020 for additional $500, Also being forced to wear a mask the entire time. At one point during the second day, the male tech freaked out when his mask broke and ran and hid having a panic attack. He was fidgety the whole time like he was on amphetamines, the trainee who was a woman kept trying to shove her chest into my eyeline during the tests she administered to see if it would distract me. Interestingly enough his techs only took a urine sample for the drug test on the first day but not the second. The male tech said to me, well you could always learn a musical instrument and busk under a bridge to earn a living.
It should also be noted that that Fabian stated, "Just follow the instructions and you'll do fine" The reality was that the instructions on a lot of the tests were inadequate and with some of the tests not given at all, such as the first test on the second day which was the "Wisconsin Card Sorting Test" where the tech just dropped a laptop computer in front of me and said, "here you go" and I asked him for instructions and did not give them. If I didn't do research on these tests before day 2 I would have failed them. The tech took great offence to any info of the tests being published online. Many psychologists feel you can't study or prepare for the tests to perform better so why keep everything secret if knowing how the sausage is made does not affect the result? Because like everything else practice always improves results and these quacks want as many fails under their belt, even if they have to cheat by literally making people take the tests blind with no directions, unless you go their "cognitive rehab" specialist which is a creative way of pay this person a lot of money to "allow" you to study for the Cogscreen. This act of overt malpractice is not only immoral and unethical, but should also be illegal especially since kickbacks are involved.
Fabian even admitted to me over the phone a month later that I can indeed hold an attention span and that the other tests given conflicted with the Cogscreen and those day two tests results stated I was perfectly fine, but he still was going to tag me with ADHD and claim that I'm cognitive slow going off on pink flags and the red flag on the timed math section while talking of both sides of his mouth claiming yes those day one tests were unfair, the day two tests such as the Wisconsin Card Sorting Test contradicted those (essentially admitting they were false positives) however Fabian ignored the day two tests claiming I'm smart but have the cognitive ability of a 12 year old, specifically in math.. Basically not only was the second day nothing more than a $500 cash grab since he already made his decision before day two ever happened, re-listening to the recording of the conversation, he got defensive when I questioned him about his motives including how could someone be diagnosed with Attention Deficit Hyperactive Disorder if they don't have a deficiency of an attention span or claiming I had a 6th grade level math skills when I graduated from the University of Texas at Austin with a Bachelors of Science Degree in Radio Television Film where I had to pass college level math and science courses. He also didn't factor in that I had earned a Multi-Engine and Single Engine Land Commercial ratings passing 3 separate written tests and 4 separate checkrides. Fabian also seemed to be gratified that he clipped the wings of another perfectly capable and safe pilot.
These are major acts of malpractice as well as information suppression and as stated above, it can't be emphasized enough that it seems that the FAA Aeromedical Division known as AAM-300 is more concerned about their 3rd party contactors hitting a quota of failing pilots and air traffic controllers using obsolete baselines than actually having a fair assessment or conducting background checks on their 3rd party contractors to see if they are above board. It should also be asked, what is the point of the other tests outside of charging the pilot more money if as Dr. Brent Blue pointed out only the Cogscreen results are factored in. If the other tests clear the pilot then there is something foundationally wrong with the Cogscreen.
Fabian's substance abuse arrest history, behavior of malpractice, and failing to identify is only the tip of the iceberg. With the FAA failing to conduct a proper background check on John Mathew Fabian, FAA clearly didn't find the caselaw that stated that he was "less than truthful or credible" about his testimony or credentials, essentially calling him a liar in multiple court cases out of Ohio where he was called to testify as a forensic psychologist.
As I come to find out later, Fabian's fixation with 9-12 year olds is not only frequent but also very disturbing.