Light Transport; Low Wing; 2 Turbojet Eng
Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine
Flight Crew Last 90 Days 100; Flight Crew Total 7700; Flight Crew Type 1900
Situational Awareness; Time Pressure; Workload; Communication Breakdown
ATC Issue All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Air Traffic Control Issued Advisory / Alert; Air Traffic Control Issued New Clearance; Flight Crew Took Evasive Action; Flight Crew Requested ATC Assistance / Clarification
Company Policy; Human Factors; Procedure; Weather
After reaching FL410 in attempt to avoid building convective activity; ATC instructed to descend and maintain FL340.  Response was unable for weather.  Controller asked if we were refusing to descend.  I responded; 'No; Ma'am; we are unable descend due to weather for 25 miles.'  There was a line of weather with tops indicating near FL500. We were on a 15 degree right vector to avoid weather and a descent in any direction would have been an unsafe decision.  The weather was actively building and FL410 was not on top.  We made the right decision to plan to maintain altitude rather than descend into convective activity. The Controller was not helpful whatsoever.  This is a common route flown by our company and we understand ATC LOAs; however safety was compromised by this particular Controller's response to our situation.  Many other aircraft were deviating and I don't believe she realized the extent of the relatively small; yet extensive line of thunderstorms and lightning on the Ohio-West Virginia border; likely west of her Center's airspace.
A corporate jet crew at FL410 in weather with cloud tops near FL500 declined to descend into the weather for safety reasons and in accordance with ATC LOA's.