VR requested after sunset of 1/1/09 (California)

[cement]

How will this en banc pending decision affect a case in which the applicant didn't request Vr services until after 1/1/09? Defendants denied services based on the statute sunset date. Have we now created a potential for retro vrtd for delaying a benefit that didn't exist when it was requested?? We sent the applicant numerous VR reminder notices throughout 2008 and before, we got no response until well after 1/1/09.

[jakelast@aol.com]

Based on the en banc decision, any claim for retro VR would be an inchoate and hence non-vested right to benefits and now barred by the statutory repeal of VR. there is no requirement that you take any action on the request for benefits at this time.