{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-1135.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-1135.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-1135.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-1135.1.html"}],"law_id":84434,"edition_id":1,"section_id":84434,"structure_id":16253,"section_number":"51.1-1135.1","catch_line":"Appeals","history":"1999, c. 144; 2000, c. 889; 2001, c. 694; 2005, c. 473.","full_text":"The Board may elect to develop an alternative to the process set forth in the Administrative Process Act (\u00a7 2.2-4000 et seq.) to allow appeals of case decisions related to the payment of disability benefits under this chapter. This alternative process shall be modeled after the claims provisions as provided for in the federal Employee Retirement Income Security Act of 1974, as amended, and shall (i) provide for adequate notice in writing to any participant whose claim for benefits has been denied setting forth the specific reasons for such denial, and (ii) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a review of the decision denying the claim. Articles 3 (\u00a7 2.2-4018 et seq.) and 4 (\u00a7 2.2-4024) of the Administrative Process Act shall not apply to any portion of this alternative appeals process. However, any person aggrieved by, and claiming the unlawfulness of, a final case decision issued pursuant to this alternative appeals process, whether issued by the Board or by the Board’s delegate, shall have a right to seek judicial review thereof. Such judicial review shall be in accordance with Article 5 (\u00a7 2.2-4025 et seq.) of the Administrative Process Act.","order_by":null,"text":{"0":{"id":302656,"text":"The Board may elect to develop an alternative to the process set forth in the Administrative Process Act (\u00a7 2.2-4000 et seq.) to allow appeals of case decisions related to the payment of disability benefits under this chapter. This alternative process shall be modeled after the claims provisions as provided for in the federal Employee Retirement Income Security Act of 1974, as amended, and shall (i) provide for adequate notice in writing to any participant whose claim for benefits has been denied setting forth the specific reasons for such denial, and (ii) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a review of the decision denying the claim. Articles 3 (\u00a7 2.2-4018 et seq.) and 4 (\u00a7 2.2-4024) of the Administrative Process Act shall not apply to any portion of this alternative appeals process. However, any person aggrieved by, and claiming the unlawfulness of, a final case decision issued pursuant to this alternative appeals process, whether issued by the Board or by the Board’s delegate, shall have a right to seek judicial review thereof. Such judicial review shall be in accordance with Article 5 (\u00a7 2.2-4025 et seq.) of the Administrative Process Act.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16253,"edition_id":1,"name":"Provisions Applicable to Disability Benefits Generally","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":14528,"metadata":{},"date_created":"2026-06-26 04:11:19","date_modified":"2026-06-26 04:11:19","permalink":{"id":235601,"object_type":"structure","relational_id":16253,"identifier":"5","token":"51.1\/11\/5","url":"\/51.1\/11\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14528,"edition_id":1,"name":"Sickness and Disability Program","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:48:32","date_modified":"2026-06-26 03:48:32","permalink":{"id":235467,"object_type":"structure","relational_id":14528,"identifier":"11","token":"51.1\/11","url":"\/51.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67624,"structure_id":16253,"section_number":"51.1-1131","catch_line":"Supplemental benefits for catastrophic disability","url":"\/51.1-1131\/","token":"51.1\/11\/5\/51.1-1131","metadata":false},{"id":72679,"structure_id":16253,"section_number":"51.1-1131.1","catch_line":"Employer contributions during disability absences","url":"\/51.1-1131.1\/","token":"51.1\/11\/5\/51.1-1131.1","metadata":false},{"id":78576,"structure_id":16253,"section_number":"51.1-1132","catch_line":"Health insurance coverage during disability absences","url":"\/51.1-1132\/","token":"51.1\/11\/5\/51.1-1132","metadata":false},{"id":82552,"structure_id":16253,"section_number":"51.1-1133","catch_line":"Life and accident insurance coverage during disability absences","url":"\/51.1-1133\/","token":"51.1\/11\/5\/51.1-1133","metadata":false},{"id":67876,"structure_id":16253,"section_number":"51.1-1134","catch_line":"Optional insurance during disability absences","url":"\/51.1-1134\/","token":"51.1\/11\/5\/51.1-1134","metadata":false},{"id":65692,"structure_id":16253,"section_number":"51.1-1135","catch_line":"Exclusions and limitations","url":"\/51.1-1135\/","token":"51.1\/11\/5\/51.1-1135","metadata":false},{"id":84434,"structure_id":16253,"section_number":"51.1-1135.1","catch_line":"Appeals","url":"\/51.1-1135.1\/","token":"51.1\/11\/5\/51.1-1135.1","metadata":false},{"id":78013,"structure_id":16253,"section_number":"51.1-1135.2","catch_line":"Board authorized to provide long-term care insurance and benefits","url":"\/51.1-1135.2\/","token":"51.1\/11\/5\/51.1-1135.2","metadata":false}],"previous_section":{"id":65692,"structure_id":16253,"section_number":"51.1-1135","catch_line":"Exclusions and limitations","url":"\/51.1-1135\/","token":"51.1\/11\/5\/51.1-1135","metadata":false},"next_section":{"id":78013,"structure_id":16253,"section_number":"51.1-1135.2","catch_line":"Board authorized to provide long-term care insurance and benefits","url":"\/51.1-1135.2\/","token":"51.1\/11\/5\/51.1-1135.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-1135.1\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 144<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 889<\/a>; in 2001, chapter 694<\/a>; in 2005, chapter 473<\/a>.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"},{"id":57586,"section_number":"2.2-4024","catch_line":"Hearing officers","order_by":null,"url":"\/2.2-4024\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":235627,"object_type":"law","relational_id":84434,"identifier":"51.1-1135.1","token":"51.1\/11\/5\/51.1-1135.1","url":"\/51.1-1135.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-1135.1\/","token":"51.1\/11\/5\/51.1-1135.1","dublin_core":{"Title":"Appeals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-1135.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board may elect to develop an alternative to the process set forth in the Administrative Process Act<\/span> (\u00a7 2.2-4000<\/a> et seq.) to allow appeals<\/span> of case decisions related to the payment of disability benefits<\/span> under this chapter. This alternative process shall be modeled after the claims provisions as provided for in the federal Employee Retirement Income Security Act<\/span> of 1974, as amended, and shall (i) provide for adequate notice in writing to any participant whose claim for benefits has been denied setting forth the specific reasons for such denial, and (ii) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a review of the decision denying the claim. Articles 3 (\u00a7 2.2-4018<\/a> et seq.) and 4 (\u00a7 2.2-4024<\/a>) of the Administrative Process Act<\/span> shall not apply to any portion of this alternative appeals<\/span> process. However, any person aggrieved by, and claiming the unlawfulness of, a final case decision issued pursuant to this alternative appeals<\/span> process, whether issued by the Board or by the Board’s delegate, shall have a right to seek judicial review thereof. Such judicial review shall be in accordance with Article 5 (\u00a7 2.2-4025<\/a> et seq.) of the Administrative Process Act<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS (\u00a7 51.1-1135.1)\n\nThe Board may elect to develop an alternative to the process set forth in the\nAdministrative Process Act (\u00a7 2.2-4000 et seq.) to allow appeals of case\ndecisions related to the payment of disability benefits under this chapter. This\nalternative process shall be modeled after the claims provisions as provided for\nin the federal Employee Retirement Income Security Act of 1974, as amended, and\nshall (i) provide for adequate notice in writing to any participant whose claim\nfor benefits has been denied setting forth the specific reasons for such denial,\nand (ii) afford a reasonable opportunity to any participant whose claim for\nbenefits has been denied for a review of the decision denying the claim.\nArticles 3 (\u00a7 2.2-4018 et seq.) and 4 (\u00a7 2.2-4024) of the Administrative\nProcess Act shall not apply to any portion of this alternative appeals process.\nHowever, any person aggrieved by, and claiming the unlawfulness of, a final case\ndecision issued pursuant to this alternative appeals process, whether issued by\nthe Board or by the Board’s delegate, shall have a right to seek judicial\nreview thereof. Such judicial review shall be in accordance with Article 5 (\u00a7\n2.2-4025 et seq.) of the Administrative Process Act.\n\nHISTORY: 1999, c. 144; 2000, c. 889; 2001, c. 694; 2005, c. 473.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}