If an individual fails a 1st class flight physical today, can he, and how soon, take a 3rd class physical?

Question

If an individual fails a 1st class flight physical today, can he, and how soon, take a 3rd class physical?

Answer 1

The applicant can re-apply after 30 days.  See the regs here:

67.409   Denial of medical certificate.

(a) Any person who is denied a medical certificate by an aviation medical examiner may, within 30 days after the date of the denial, apply in writing and in duplicate to the Federal Air Surgeon, Attention: Manager, Aeromedical Certification Division, AAM–300, Federal Aviation Administration, P.O. Box 26080, Oklahoma City, Oklahoma 73126, for reconsideration of that denial. If the person does not ask for reconsideration during the 30-day period after the date of the denial, he or she is considered to have withdrawn the application for a medical certificate.

Answer 2

the AME should be able to pass the individual for the 3rd class medical based on the 1st class medical examination. after all, it's less stringent.