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CalAttorney2, Attorney
Category: Military Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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U.S.Army and have used Tricare Prime since retiring from 20+

Customer Question

I am Retired U.S.Army and have used Tricare Prime since retiring from 20+ years of service in 2003. I had lived in Tennessee covered under Tricare South and last year Sept 2015 we moved to North Carolina Tricare North and I have had nothing but problems. My Pain Management procedures that were covered no problem under Tricare South are all getting Denied under Tricare North region, even though we have provided the documentation that it was covered under Tricare South just in Aug 2015. I want to sue Tricare and Tricare North Health Net as this is NO WAY for TRICARE to operate where every region is different and if a Veteran or Active Duty soldier qualifies for coverage for something in one region it should be covered in all regions. Tricare is Tricare Period. I was also denied a Surgery needed on my cervical spine that is FDA approved and is covered under Tricare West since 2014. I need and wish to Sue Tricare and Tricare North and I wish to go on National Television and let America how screwed up this Tricare Health Insurance program is for Active Duty Soldiers, Retirees, and Veterans!!! This is appalling!
JA: OK. The Military Lawyer will need to help you with this.
Customer: OK, so now what?
JA: Have you talked to a lawyer yet?
Customer: NO, I'm looking for a GOOD Lawyer!
JA: Anything else you think the lawyer should know?
Customer: In this forum I have provided as much info in as concise a manner as possible, but can go into greater detail once I meat with a Lawyer
JA: Got it. I'm sending you to a secure page where you can book your 1:1 with the Military Lawyer. I'll share everything we've discussed.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.
I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 1 year ago.
I don't inderstand? I already provided this! I need a good lawyer as I want and am going to Sue Tricare! Also want to Sue HealthNet who is the insurance company who manages the Tricare North Region
Expert:  P. Simmons replied 1 year ago.

This service can answer questions...but we can not represent you (so we can not file suit on your behalf)

Based on this do you have a question?

Customer: replied 1 year ago.
How do I go about doing this law suit and do you reccommend a good lawyer to file this law suit with?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today. Your prior expert opted out (this sometimes happens as we are not employees of the site and sometimes have other issues that prevent us from following up).

I am sorry to learn of this situation, I have reviewed your post above, and it appears you have a situation in which you want to sue both your private insurance carrier and TriCare (which is administered through the Department of Defense). This creates a fairly complex pattern of litigation.

Your underlying claim is usually a form of "bad faith" (what we call a breach of contract claim brought by an insured against their insurance carrier when the carrier refuses to provide the benefits stated in the plan). These tend to be somewhat complex, and there are usually only a handful of specialists that handle these, although you can usually find a general civil litigation attorney that is willing to take on the case depending on the specific facts of the claim.

Your second issue is the fact that Tricare is run by the DOD. This means that you are more likely than not going to end up in Federal Court, and dealing with the US Attorney General's Office. This doesn't mean you shouldn't sue, or that you should be overly worried about the claim, but it does mean that they take this very seriously and they tend to litigate very vigorously.

There are also other issues associated with the fact that the DOD enjoys "sovereign immunity" which means that your procedure is more nuanced and time sensitive. (So you will want to contact multiple lawyers in an effort to find one (do not call one or two and hope they might take your case, call many attorneys and then see who calls back and what they say))

Unfortunately, we cannot provide you with a specific referral on this forum, but I can provide you with a couple of resources to help you find local attorneys (remember, you can "spread a wide net" and any attorney in the state can represent you).

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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