CLASS ACT GROUP ANNOUNCES U.S. FEDERAL COURT OF APPEALS RULING AGAINST MILITARY RETIREES LIFETIME, GOVERNMENT FINANCED MEDICAL CARE
Court concludes Government Promise of Government funded medical care to WWII/Korea Military Retirees not valid.(TRICARE for Life is unaffected)
FORT WALTON BEACH, Fla. -- (18 November 2002) In a highly anticipated, but astonishing decision, one that could have far-reaching financial implications for millions of U.S. military retirees, the U.S. Court of Appeals for the Federal Circuit, Washington, D.C. ruled today that Military Retirees have no legal standing and the U.S. government was authorized to break the promise and is not liable to provide lifetime, free medical care to those servicemen and women who served their country honorably for 20+ years. (See ruling at www.fedcir.gov case 99-1402)
"This battle is not over. We were all aware that whichever way the Court of Appeals ruled, that the case would be appealed to the U.S. Supreme Court. Much to my surprise and astonishment, it is G.I. Joe that is appealing" says Colonel George "Bud" Day, USAF, Ret, the attorney representing some 22,000 clients. "We will employ every offensive weapon we have at our disposal for presentation of this case to the U.S. Supreme Court". Rest will come when every possible argument is exhausted. Our fight will be geared to convince the U.S. Supreme Court that military retirees are legally guaranteed to receive the benefits they were promised by the government when they signed up to devote their lives to the service of their country. We should never have been forced to wage this fight, but we are in it and four Federal Appeals Court Judges in their support of our cause gives strong hope." Col Day believes the Courts decision is misguided, weak and our government cannot be allowed to trample her warriors in favor of budgetary waste and continued political pork abuse. One of the most highly decorated military officers since General Douglas MacArthur, Colonel Day, MOH, former POW, took on this case more than six years ago. "This has been the crusade of my life and I wont rest until the last round is fired." "I hope every military retiree and veteran take this Appeals Court set-back personally and demand your Congressional Representative and Senators take legislative action in conjunction with our legal fight to right this wrong."
Officials at the Department of Defense breached their contract with military retirees over the age of 65 -- mostly World War II and Korea War career veterans -- to receive medical care in military hospitals. This forced the retired members to buy Medicare B and other supplemental insurance costing @$3,600.00 per year, to have the coverage which the U.S. previously provided for decades. The payment of about $300.00 per month is cost prohibitive for many elderly G.I.s.
"After 20 years of care in military hospitals, my wife and I were kicked out and forced to rely on Medicare," says Robert "Bob" Reinlie, one of the Plaintiffs. "This is not what I was promised when I pledged to serve my country for 20 years. Im astonished the U.S. Court of Appeals has supported this injustice."
Class Act Group will continue our initiative toward class action status and those military retirees who want to stand shoulder to shoulder with us in this fight and who believe they are eligible are encouraged to contact the Class Act Group at 32 Beal Parkway, SW, Fort Walton Beach, Florida 32548-5391. Eligible plaintiffs are limited to: military retirees who voluntarily retired with credit for 20 or more years active duty, entered into active duty before December 7, 1956, are aged 65 or over and currently paying or have previously paid for Medicare Part B. The groups phone number is 1-800-972-6275, Fax (850) 664-6385, and their email address is lawsuit@classact-lawsuit.com. For more information, log onto www.classact-lawsuit.com .
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