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

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

Postby cement on Wed Apr 15, 2009 12:00 pm

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.
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Re: VR requested after sunset of 1/1/09 (California)

Postby jakelast@aol.com on Tue Aug 18, 2009 3:20 pm

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.
Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain & Claffey
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