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Virginia law

Long-Term Disability & ERISA Laws in Virginia.

Long-term disability (LTD) insurance provided through employer-sponsored group plans is generally governed by the federal Employee Retirement Income Security Act (ERISA). ERISA preempts most state-law remedies for denied LTD claims and channels disputes into federal court under 29 U.S.C. § 1132(a)(1)(B). LTD plans purchased individually (non-employer) and some governmental/church plans are not ERISA-governed and proceed under Virginia insurance law in Virginia state court.

Last verified: 2026-04-20

State law

Key Virginia Statutes

ERISA Civil Enforcement29 U.S.C. § 1132

Federal ERISA enforcement provision governing most employer-sponsored LTD disputes. Claims for benefits proceed on the administrative record with limited remedies.

Virginia Insurance TitleVa. Code tit. 38.2

Governs Virginia-law LTD disputes (individual policies and non-ERISA plans).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.

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