Legal Question in Appeals and Writs in Georgia

insurance

my daughter has been going through chemo and all that comes with it.

she is married to a military man whom she thought she was divorced from. as it turns out they are still married pending him coming back from afghanistan and signing some kind of affidative. she has been paying for her chemo and treatments all this time out of her pocket. almost a year now. she found out yesterday she is still legally married to the soldier. she called champus tricare and asked them if they would reimburse her for all her treatments and they told her no. that since one of there military doctors did not sign off on her treatment or recommend it they would not reimburse her nor would they pay for the remaining treatments. can they do this? and are they liable for reimbursing her. the dicorce was filed for in november of 05 but the soldier was shipped to afghanistan and was not able to follow up. when he did he found he still had papers to sign. he did not use a lawyer but a place that filled out the papers for him. she has paid out a lot of money for these treatments and i want to know if legally since she is still a dependant are they lable for reimbursing her? and are they liable for paying for the rest of the treatments .


Asked on 10/26/06, 12:45 pm

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: insurance

Based on the facts you have outlined here, you have a valid claim for damages against Champus. There is no reason a physician cannot approve the charges "nunc pro tunc" (now for then) and force Champus to pay them.

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Answered on 10/26/06, 1:03 pm


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