§ 51.1-1135.1. Appeals
The Board may elect to develop an alternative to the process set forth in the Administrative Process Act (§ 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 (§ 2.2-4018 et seq.) and 4 (§ 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 (§ 2.2-4025 et seq.) of the Administrative Process Act.
(1999, c. 144; 2000, c. 889; 2001, c. 694; 2005, c. 473.)
Sections: Previous 51.1-1128 51.1-1129 51.1-1130 51.1-1131 51.1-1132 51.1-1133 51.1-1134 51.1-1135 51.1-1135.1 51.1-1135.2 51.1-1136 51.1-1137 51.1-1138 51.1-1139 51.1-1140 NextLast modified: April 16, 2009