Getting out of the HPSP?

[Maldini]

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I once heard of a girl that changed her mind about doing the military thing due to some changes in her life and ended litigating her way out of her contract.

Has anyone else heard anything like this, or knew of a way to get out?

I'm assuming that if you do decide to get out, you'd have to pay the entire bill that the government footed for you.

Also, what type of lawyer would you approach for something like this?

 

[colbgw02]

I suggest that you do a search of previous topics. This subject has been covered ad nauseam. Good luck.

 

[orbitsurgMD]

I once heard of a girl that changed her mind about doing the military thing due to some changes in her life and ended litigating her way out of her contract.

Has anyone else heard anything like this, or knew of a way to get out?

I'm assuming that if you do decide to get out, you'd have to pay the entire bill that the government footed for you.

Also, what type of lawyer would you approach for something like this?

You are trolling here and elsewhere on this board.

 

[Maldini]

You are trolling here and elsewhere on this board.

Not really. It's a legitamate question for which I was seeking an answer. You're trolling by coming into this thread with a snarky comment. In fact are you even a student any more?

If someone argues a point with you, you automatically consider them trolling, validity aside.

 

[R-Me-Doc]

I once heard of a girl that changed her mind about doing the military thing due to some changes in her life and ended litigating her way out of her contract.

Has anyone else heard anything like this, or knew of a way to get out?

I'm assuming that if you do decide to get out, you'd have to pay the entire bill that the government footed for you.

Also, what type of lawyer would you approach for something like this?

Possible? Sure, anything is possible.

Probable? Nope. They will fight you tooth and nail, every step of the way, for years if necessary. They shall fight on the beaches. They shall fight on the landing grounds. They shall fight in the fields, and in the streets, they shall fight in the hills. They shall never surrender! (1)

Expensive? Yep. In addition to all the legal fees you'd rack up, you pay back the scholarship plus a hefty penalty. The only exception to this is if the military initiates the separation for some reason; then you are out free.

Worth the money and aggravation? Only you can answer this one. Depends on your level of desperation to get out, I guess.

Lawyer reccommendations? Probably someone really good with contract and/or military law.

My advice: Suck it up and do your time. Believe it or not, it goes quick, it's just painful. Kinda like a kick in the nuts. 😱


References:
(1) Churchill WLS, Speech before British House of Commons, June 4, 1940. Paraphrased.


-- X-RMD Did the crime, did the time, now I'm fine!

 

[West Side]

I once heard of a girl that changed her mind about doing the military thing due to some changes in her life and ended litigating her way out of her contract.

Has anyone else heard anything like this, or knew of a way to get out?

I'm assuming that if you do decide to get out, you'd have to pay the entire bill that the government footed for you.

Also, what type of lawyer would you approach for something like this?

You're looking for a specialist in military administrative law, with experience in contracts. I would suggest working with someone local, although they might not have the most experience. Tough call, but it's like hiring any type of professional. I would ask for references, you or your parents invariably will have contacts in the local legal community. It's all about aspirational contacts: the people you know might not know the right guy, but someone they know will know will know the right guy, savvy?

 

[West Side]

I once heard of a girl that changed her mind about doing the military thing due to some changes in her life and ended litigating her way out of her contract.

Has anyone else heard anything like this, or knew of a way to get out?

I'm assuming that if you do decide to get out, you'd have to pay the entire bill that the government footed for you.

Also, what type of lawyer would you approach for something like this?

And yes, it's going to be relatively expensive. A few of the guys I've contacted quoted me $15K for an administrative seperation attempt, although I suspect that was their opening offer.

Things to consider:

1. depending on specialty, you'll recoup that pretty quickly, even considering time value of money,
2. there will be interest on monies paid in your name for tuition, but they cannot attempt to recoup the monthly stipend (verify the last part, anyone?), and
3. At what price your autonomy? At what price your ability to look yourself in the eye in the mirror? (...wow, that sounded like that ridiculous Army commercial! 😀)

I'm not advocating that you go this route unless you're positively miserable. In my continuing education on the topic, there appears to be some valid upside to the job, but it's clearly more for some people than others. Be creative and dogged with your web research, and you'll most likely be able to answer a lot of questions yourself.

 

[West Side]

Probable? Nope. They will fight you tooth and nail, every step of the way, for years if necessary. They shall fight on the beaches. They shall fight on the landing grounds. They shall fight in the fields, and in the streets, they shall fight in the hills. They shall never surrender! (1)

And you'd be surprise at this, too. Don't get me wrong, expect a hell of a fight. And while the odds are not exactly in your favor, they're not as long as one might think. People are seperated more frequently than I thought, for reasons more wide ranging than I thought. Financial hardship, for instance. As we know, winning the lottery gets you out, but so does having to take over a very modest family farm due to a death in the family, for instance. As was related to me, the asset had a book value of less than $900K, and the officer was not the sole recipient of the farm, but was administratively seperated nonetheless. That's probably as valid a story of financial hardship as one could expect, but you could see all the ways the story could be massaged by someone less scrupulous (shifting of share inherited, for instance...I'm not even a lawyer and that one seems obvious).

Medical seperations are also more common, for pretty lousy reasons, in my opinion.

Finally, hopefully, you've kept all records and paperwork sent to you from the military, for any reason whatsoever. If they have failed to perform on any portion of their contact, a federal judge would have the ability to render the contract invalid.

 

[IgD]

And you'd be surprise at this, too. Don't get me wrong, expect a hell of a fight. And while the odds are not exactly in your favor, they're not as long as one might think. People are seperated more frequently than I thought, for reasons more wide ranging than I thought. Financial hardship, for instance. As we know, winning the lottery gets you out, but so does having to take over a very modest family farm due to a death in the family, for instance. As was related to me, the asset had a book value of less than $900K, and the officer was not the sole recipient of the farm, but was administratively seperated nonetheless. That's probably as valid a story of financial hardship as one could expect, but you could see all the ways the story could be massaged by someone less scrupulous (shifting of share inherited, for instance...I'm not even a lawyer and that one seems obvious).

Medical seperations are also more common, for pretty lousy reasons, in my opinion.

Finally, hopefully, you've kept all records and paperwork sent to you from the military, for any reason whatsoever. If they have failed to perform on any portion of their contact, a federal judge would have the ability to render the contract invalid.

Denial is a wonderful thing.

 

[R-Me-Doc]

And you'd be surprise at this, too. Don't get me wrong, expect a hell of a fight. And while the odds are not exactly in your favor, they're not as long as one might think. People are seperated more frequently than I thought, for reasons more wide ranging than I thought. Financial hardship, for instance. As we know, winning the lottery gets you out, but so does having to take over a very modest family farm due to a death in the family, for instance. As was related to me, the asset had a book value of less than $900K, and the officer was not the sole recipient of the farm, but was administratively seperated nonetheless. That's probably as valid a story of financial hardship as one could expect, but you could see all the ways the story could be massaged by someone less scrupulous (shifting of share inherited, for instance...I'm not even a lawyer and that one seems obvious).

Medical seperations are also more common, for pretty lousy reasons, in my opinion.

Finally, hopefully, you've kept all records and paperwork sent to you from the military, for any reason whatsoever. If they have failed to perform on any portion of their contact, a federal judge would have the ability to render the contract invalid.

Yes, people are admin sep'd and medically separated all the time, for all the reasons you mentioned above, and then some.

None of them are doctors.

I once did a med board on a physician who literally could not walk from one side of the room to the other. Returned from the review board as "fit for duty." Their reasoning? "Well, he doesn't have to walk -- he can just sit at a clinic desk to see patients . . . "

Of course, if you wanna keep buying those lottery tickets, be my guest . . .

X-RMD

 

[West Side]

Yes, people are admin sep'd and medically separated all the time, for all the reasons you mentioned above, and then some.

None of them are doctors.

I once did a med board on a physician who literally could not walk from one side of the room to the other. Returned from the review board as "fit for duty." Their reasoning? "Well, he doesn't have to walk -- he can just sit at a clinic desk to see patients . . . "

Of course, if you wanna keep buying those lottery tickets, be my guest . . .

X-RMD

All the instances I'm referring to were HPSP recipients.

I mean, it comes down to your anecdotal experience versus mine, and we're bound to come to different conclusions as we're looking for two different things, but I think it's to the OP's benefit to know there's an option, albeit EXTREMELY DIFFICULT and a potential waste of resources.

And that medical board's rationale is lightly insane...

 

[West Side]

I know where R-Me-Doc is coming from, but last I heard you were a civilian with an HPSP girlfriend who had never gone on active duty. So where, pray tell, would you get any "anecdotal experience"?

The 8 military administrative attorneys I interviewed when looking for counsel on this situation. I asked for their experience in the matter in the last five years, both positive and negative. All were willing to share quite a few war stories, with both types of outcome.

To the original OP, I think if you're going to retain anyone, run, don't walk, from someone that represents any sort of guarantee, or even a better than 25% chance of success. Anyone that would say that is an out-and-out fraud. I had one instance of a hard sell like that, and immediately discounted the guy from serious consideration. I have a feeling that's even a violation of bar association rules/ethics...

 

[BigNavyPedsGuy]

I know where R-Me-Doc is coming from, but last I heard you were a civilian with an HPSP girlfriend who had never gone on active duty. So where, pray tell, would you get any "anecdotal experience"?

Aww snap!! Good memory!!