ORDERS:
		
  FINAL ORDER AND DECISION
STATEMENT
    OF THE CASE 
              The
    above-captioned case is before the Court pursuant to S.C. Code Ann. § 9-21-60 (Supp. 2006) for a contested case hearing.  In this matter, Petitioner Valerie D.
    Erwin (“Petitioner”) challenges the September 6, 2007 Final Agency
    Determination issued by Respondent South Carolina Budget and Control Board,
    South Carolina Retirement Systems (“Retirement Systems”), in which the
    Retirement Systems denied her application for disability retirement benefits
    under S.C. Code Ann. § 9-1-1540 (Supp. 2006).  Respondent South Carolina
    Retirement Systems contends that Petitioner’s application for disability
    retirement benefits was properly denied and requests that the Court issue an order
    denying disability retirement benefits to Petitioner. 
              After
    timely notice to the parties, a hearing of this matter was held on November 20, 2007, at the Administrative Law Court in Columbia, South Carolina.  Based
    upon the evidence presented at that hearing and upon the applicable law, I find
    that Petitioner is not entitled to disability retirement benefits and that the
    Retirement Systems properly denied her application for such benefits. 
  FINDINGS
    OF FACT 
  Having
    observed the witnesses and exhibits presented at the hearing and closely passed
    upon their credibility and taking into consideration the burden of persuasion
    by the parties, I make the following Findings of Fact by a preponderance of
    evidence: 
  Procedural
    History 
  1.         Petitioner
    Valerie Erwin is a sixty-year-old retired member of the South Carolina
    Retirement System (“SCRS” or “System”), who retired from state employment with
    the Medical University of South Carolina (MUSC) on May 1, 2007, with twenty-two
    years and eleven months of service credit in the System.  Prior to her
    retirement, Petitioner was employed as a patient registration representative at
    MUSC between June 4, 1984, and April 10, 2007, when she left work on sick
    leave, complaining primarily of exhaustion and tightness in her chest as the
    result of multiple medical problems.  On April 27, 2007, Petitioner submitted an application for disability retirement benefits to the Retirement
    Systems.  In the Member’s
    Disability Report submitted in connection with her application, Petitioner
    contends that she is disabled from further performing her job as a patient
    registration representative with MUSC as a result of diabetes, chronic obstructive
    pulmonary disease (COPD), and a history of heart attacks. 
              2.         Upon
    receiving Petitioner’s application and related documents, the Retirement Systems
    forwarded Petitioner’s file to the South Carolina Department of Vocational
    Rehabilitation (VR) for a review of Petitioner’s disability claim. 
    As part of her review of the claim, VR Disability Examiner Tammy L. Link
    collected Petitioner’s medical records from her treating physicians and
    obtained a Physical Residual Functional Capacity Assessment from Dr. Jean
    Smolka based upon those records.  After reviewing that information, Ms. Link
    issued a recommendation on June 15, 2007, in which she found that, while
    Petitioner does have a history of heart disease, COPD, and diabetes that does
    put some limits on her ability to perform certain physical tasks, she retains
    the residual functional capacity to perform her job duties as a patient
    registration representative and “would be able to return to past work.”  Respt.
    Ex. #1, at 36.  Accordingly, Ms. Link recommended that Petitioner’s application
    for disability retirement benefits be denied.  On June 21, 2007, the Retirement Systems denied Petitioner’s application for disability retirement as
    recommended by Ms. Link. 
              3.         Petitioner
    requested administrative review of the denial of her application before Peggy
    G. Boykin, the Director of the Retirement Systems, and, on July 9, 2007, Director Boykin appointed an independent vocational consultant, Leanna Hollenbeck, MS, CLCP, CRC, CCM, to review Petitioner’s claim for disability benefits.  As part of her
    review of Petitioner’s disability claim, Ms. Hollenbeck held an administrative
    conference with Petitioner on August 30, 2007, and reviewed Petitioner’s entire
    disability file, including all of the medical records collected by the VR
    Disability Examiner and all medical and employment records submitted to the
    Retirement Systems by Petitioner.  Based upon her review of the medical and
    vocational records, Ms. Hollenbeck issued a recommendation to the Retirement
    Systems on September 4, 2007, in which she concluded that Petitioner’s
    application for disability retirement benefits should be denied.  In
    particular, while Ms. Hollenbeck recognized that Petitioner does have several
    medical problems that affect her ability to work, Ms. Hollenbeck ultimately
    determined that she could not “recommend that [Petitioner] receive disability
    retirement benefits due to her long term and continued noncompliance with her
    physician’s instructions to stop smoking, lose weight and exercise to improve
    her health.”  Respt. Ex. #1, at 8. 
              4.         On
    September 6, 2007, Director Boykin issued a Final Agency Determination
    adopting Ms. Hollenbeck’s recommendation and denying Petitioner’s application
    for disability retirement benefits.  On September 20, 2007, Petitioner filed a request for a contested case hearing before the Administrative Law Court seeking
    review of that Final Agency Determination. 
  Petitioner’s
    Job Duties 
              5.         In
    this matter, Petitioner contends that she is disabled from performing her prior
    job duties as a patient registration representative in the trauma center at
    MUSC.  As the title implies, in her position as a patient registration
    representative, Petitioner was responsible for registering patients with MUSC
    when they presented to the hospital through the trauma center.  In performing
    these duties, Petitioner obtained demographic and financial information from
    patients, provided registration paperwork to patients and their families, and
    processed the registration information in the hospital computer system.  These
    duties were largely sedentary in nature, with Petitioner sitting for
    approximately five hours of an eight-hour workday, and did not require
    Petitioner to perform any significant bending, stooping, climbing, or lifting,
    other than lifting light office supplies and paperwork.  Accordingly, in her
    review of Petitioner’s claim, Ms. Hollenbeck classified Petitioner’s job as
    “Sedentary.”  Respt. Ex. #1, at 5. 
  Petitioner’s
    Medical Conditions 
              6.         As
    noted above, Petitioner contends that she is disabled from the further
    performance of her job duties as a patient registration representative with
    MUSC as a result of exhaustion and chest tightness caused by diabetes mellitus,
    COPD, and her prior history of heart attacks.  Petitioner’s medical records
    confirm that she has been diagnosed with diabetes mellitus and COPD for more
    than ten years, and that she continues to carry diagnoses for those conditions.
     Petitioner has also carried a diagnosis for coronary artery disease that has
    periodically caused certain acute coronary syndromes, including unstable angina
    and a reported history of heart attacks.  However, the most remarkable feature
    of Petitioner’s medical records is not necessarily her serious medical
    conditions, but rather her long history of failing to comply with the advice of
    her doctors with regard to the treatment for those medical problems.  Each of
    these matters will be discussed in turn. 
  Diabetes
    Mellitus 
              7.         Diabetes
    mellitus is a condition of “impaired insulin secretion and variable degrees of
    peripheral insulin resistance leading to hyperglycemia.”  The Merck Manual
    of Diagnosis and Therapy 1274 (Mark H. Beers, M.D. et al. eds., 18th ed. 2006). 
    Complications of the disease include “vascular disease, peripheral neuropathy,
    and predisposition to infection,” and the disease is generally treated with
    “diet, exercise, and drugs that reduce glucose levels, including insulin and
    oral antihyperglycemic drugs.”  Id.  As noted above, Petitioner has been
    diagnosed with diabetes mellitus for over ten years, and she reports being
    first diagnosed with the condition in 1995.  Petitioner continues to receive
    treatment for her diabetes, largely centered around adjusting her diabetes
    medications and taking steps to improve her control of her blood sugar level. 
  Chronic
    Obstructive Pulmonary Disease (COPD) 
              8.         Chronic
    Obstructive Pulmonary Disease, commonly abbreviated as COPD, is “a partially
    reversible airflow obstruction caused by an abnormal inflammatory response to
    toxins, often cigarette smoke.”  The Merck Manual of Diagnosis and Therapy, supra, at 400.  The primary symptoms of the disease, which encompasses
    both chronic obstructive bronchitis and emphysema, include “productive cough
    and dyspnea that develop over years,” and common signs of the condition include
    “decreased breath sounds and wheezing.”  Id.  Petitioner has been
    diagnosed with COPD for over ten years, and continues to receive treatment for
    the condition and related ailments, such as bronchitis.  Although Petitioner
    does have episodic exacerbations of her COPD that require medical attention,
    her COPD also goes through periods of remission during which her pulmonary
    symptoms are not as severe. 
  Coronary
    Artery Disease (CAD) 
              9.         Coronary
    artery disease is a condition that “involves impairment of blood flow through
    the coronary arteries, most commonly by atheromas.”  The Merck Manual of
    Diagnosis and Therapy, supra, at 626.  Clinical presentations of the
    disease include silent ischemia, angina pectoris, and acute coronary syndromes,
    such as unstable angina and myocardial infarctions.  Id.  Prevention of
    coronary artery disease “consists of modifying reversible risk factors (eg,
    hypercholesterolemia, physical inactivity, smoking)” and treatment for the
    disease includes “drugs and procedures to reduce ischemia and restore or
    improve coronary blood flow.”  Id.  Petitioner has been diagnosed with
    coronary artery disease for more than ten years, dating back at least to a pair
    of heart attacks she suffered in 1995.  Petitioner’s most recent acute coronary
    symptoms occurred in February 2002, when she was admitted to the hospital for
    unstable angina.  While Petitioner undoubtedly continues to have coronary artery
    disease, her more current treatment records tend to focus on related
    cardiovascular conditions, such as high blood pressure (hypertension) and high
    cholesterol levels (hyperlipidemia), rather than on coronary artery disease
    itself. 
  Petitioner’s Non-compliance
    with Medical Treatment  
  10.       However,
    the most striking characteristic of Petitioner’s medical records is not the
    progression of her medical conditions, but her record of failing to comply with
    the treatments prescribed by her physicians for those serious medical
    conditions.  Although Petitioner has, since the Retirement Systems’ denial of
    her claim, made a greater effort to follow her doctors’ recommendations
    regarding her health, her MUSC Patient Chart is, in large part, a ten-year
    record of Petitioner’s non-compliance with the advice of her treating
    physicians, as described in detail below. 
  Petitioner’s
    Failure to Stop Smoking 
              11.       Petitioner
    has been a cigarette smoker for over forty years, smoking three packs a day
    until cutting back to one pack a day within the past two years.  Given her
    diabetes, chronic obstructive pulmonary disease, and coronary artery disease,
    Petitioner’s physicians at MUSC have strongly advised her to quit smoking at nearly
    all of her visits to the practice and have routinely provided her with smoking
    cessation counseling and medications.  In particular, Petitioner’s physicians
    have routinely and strenuously warned her regarding the effect of her continued
    smoking upon her serious heart, lung, and diabetic conditions.  See, e.g.,
    Respt. Ex. #2, at 114 (noting that, upon being discharged from the hospital
    after an exacerbation of her COPD, Petitioner was “strongly advised to quit
    smoking”), 219-20 (stating that the physician “again counseled [Petitioner] on
    the necessity for her to discontinue smoking given her asthma and coronary
    artery disease”), 225 (stating that the physician “counseled [Petitioner] once
    again on [the] likely effect of her continued smoking on her co-morbid
    conditions”).  Yet, while Petitioner had made occasional attempts to quit
    smoking, she continued to smoke at least a pack a day through September 2007
    and had regularly indicated to her physicians over the past ten years that she was
    not interested in, and was not ready to, stop smoking.  In fact, at one of her early
    visits to MUSC, Petitioner’s doctor reported that, in response to a discussion
    about her smoking, Petitioner “state[d] she will likely take her last breath
    with a cigarette.”  Respt. Ex. #2, at 264. 
              12.       At
    the hearing of this case, Petitioner presented additional medical records and
    offered testimony suggesting that, after receiving the Retirement Systems’ September 6, 2007 Final Agency Determination denying her disability claim based upon her
    non-compliance with her doctors’ advice, she has made another attempt to quit
    smoking, which had been successful as of the hearing date.  See, e.g.,
    Petr. Ex. #7, at 19, 25. 
  Petitioner’s
    Failure to Follow Recommended Exercise Programs 
              13.       In
    light of Petitioner’s diabetes, heart disease, and morbid obesity, Petitioner’s
    physicians have also routinely advised her to increase her physical activity in
    order to improve her health and generally stressed the importance of regular
    exercise for managing Petitioner’s medical conditions.  Beyond general
    recommendations for exercise, Petitioner’s physicians have also provided her
    with suggested exercise programs for her to pursue, most commonly recommending
    that Petitioner take short walks or perform other light exercise several times
    a week.  Despite the repeated recommendations of her physicians to increase her
    physical activity, Petitioner had not followed any of the exercise programs
    suggested by her physicians or participated in any other regular exercise
    regimen to any significant extent through September 2007.  See, e.g.,
    Respt. Ex. #2, at 10 (reporting, as of July 26, 2007, that Petitioner does not follow an exercise regimen), 127 (reporting, in September 2005, that Petitioner
    is “essentially sedentary” and gets no exercise), 243 (reporting, on September 24, 1998, that Petitioner “is not physically active”).  At the administrative
    conference with Ms. Hollenbeck on August 30, 2007, Petitioner admitted that she had “slacked off” on her recommended exercise and was not following an
    exercise program or otherwise engaging in physical exercise. 
              14.       At
    the hearing of this case, Petitioner presented additional medical records and
    offered testimony suggesting that, after receiving the Retirement Systems’ September 6, 2007 Final Agency Determination denying her disability claim based upon her
    non-compliance with her doctors’ advice, she has started an exercise program
    consisting of daily walks lasting approximately forty-five minutes.  See,
    e.g., Petr. Ex. #6, at 13; Petr. Ex. #7, at 25. 
  Petitioner’s
    Failure to Follow Recommended Diet 
              15.       In
    a similar vein to recommendations for exercise, Petitioner’s physicians have
    also repeatedly counseled Petitioner on the importance of improving her diet
    for her long-term health.  These dietary recommendations were made not only as
    a means of addressing her heart disease and obesity, but also as a means of
    controlling her diabetes.  Accordingly, as part of her medical treatment,
    Petitioner has been regularly provided with detailed dietary recommendations to
    follow.  However, it does not appear that, until recently, Petitioner has
    significantly complied with the dietary recommendations made by her treating
    physicians.  See, e.g., Respt. Ex. #2, at 72 (reporting, on April 18, 2007, that Petitioner “has poor dietary habits and does not exercise”), 146
    (noting, in October 2004, that Petitioner “has not bee[n] following a good
    diet” and has ignored the advice of a nutritionist), 451 (reporting
    Petitioner’s dietary habits as of September 2006).  For example, even though
    Petitioner had been counseled regarding “the need to avoid intake of all sugar
    containing beverages” as a result of her diabetes, see Respt. Ex. #2, at
    449, 453, she admitted at the administrative conference with Ms. Hollenbeck to
    having recently consumed a milkshake that sent her blood sugar level well above
    recommended levels, see Respt. Ex. #4, at 11:44. 
              16.       At
    the hearing of this case, Petitioner presented additional medical records and
    offered testimony suggesting that, after receiving the Retirement Systems’ September 6, 2007 Final Agency Determination denying her disability claim based upon her
    non-compliance with her doctors’ advice, she has become more compliant with her
    physicians’ dietary recommendations.  See, e.g., Petr. Ex. #2, at 1.   
  Petitioner’s
    Failure to Follow Proper Diabetes Care 
              17.       Although
    Petitioner has received regular counseling from MUSC regarding the management
    of her diabetes, she has failed to follow proper diabetes care for much of the
    past ten years.  While Petitioner states that she now checks her blood sugar
    level regularly and takes her diabetes medications, including insulin, as
    prescribed, her MUSC patient chart reveals that, until recently, Petitioner did
    not check her blood sugar level regularly, as recommended, see Respt.
    Ex. #2, at 97, 102, 106, 134, 146, 149, 151, 201, 207, 210, 221, 453, and frequently
    did not take her diabetes medications as prescribed, often taking only one of
    two prescribed daily doses of insulin, see Respt. Ex. #2, at 125, 134,
    145, 146, 156, 164-65.  In addition to failing to regularly check her blood
    sugars and properly take her diabetes medications, Petitioner has, at times,
    not complied with other aspects of her diabetes treatment, such as following
    the proper diabetic diet or wearing her diabetic footwear.  In short,
    Petitioner’s medical records demonstrate a routine failure on her part over the
    past ten years to comply with the recommended treatment for her diabetes.  See,
    e.g., Respt. Ex. #2, at 125-27 (noting that Petitioner has not been taking
    her morning insulin and had not checked her blood sugars in months and
    ultimately describing Petitioner as a “noncompliant p[atien]t with diet,
    glucose monitoring or insulin administration”).  Not surprisingly, Petitioner
    admitted, in a visit on January 23, 2007, that, despite having been diagnosed
    with diabetes mellitus for over ten years, she had “not tak[en] her disease
    completely seriously until recent months.”  Respt. Ex. #2, at 85. 
  Petitioner’s
    Failure to Take Other Medications as Prescribed 
              18.       In
    addition to her difficulties with properly taking her diabetes medications,
    Petitioner has also frequently failed to take medications for her other medical
    conditions as prescribed by her physicians.  At various times, Petitioner has
    failed to properly take the inhaler medications prescribed for her lung
    problems, her thyroid medications, antibiotic medications prescribed to treat a
    bout of H. Pylori gastritis, and her blood pressure medications.  Consequently,
    Petitioner has often been counseled on the importance of taking her medications
    as prescribed, see, e.g., Respt. Ex. #2, at 151, 247, 257, and her
    patient chart carries a notation that she “rarely uses medications as
    prescribed,” see Respt. Ex. #2, at 12, 18. 
  CONCLUSIONS
    OF LAW 
              Based
    upon the foregoing Findings of Fact, I conclude the following as a matter of
    law: 
  Jurisdiction
    and General Principles 
              1.         This
    Court has jurisdiction over this contested case pursuant to S.C. Code Ann. § 9-21-60 (Supp. 2006), S.C. Code Ann. § 1-23-600(B) (Supp. 2006), and S.C. Code Ann. §§
    1-23-310 et seq. (2005 & Supp. 2006).   
  2.         The
    basic question presented in this matter is whether Petitioner is entitled to
    disability retirement benefits from the South Carolina Retirement System as
    provided in S.C. Code Ann. § 9-1-1540 (Supp. 2006).  That section provides that
    qualifying members of the South Carolina Retirement System 
  may be retired by
    the [State Budget and Control] [B]oard not less than thirty days and not more
    than nine months next following the date of filing the application on a disability
    retirement allowance if the system, after a medical examination of the member, certifies
    that the member is mentally or physically incapacitated for the further
    performance of duty, that the incapacity is likely to be permanent, and that
    the member should be retired. 
  Id. (emphasis added).  As the moving party in this matter, Petitioner bears the
    burden of establishing, by a preponderance of the evidence, that she satisfies
    the requirements of Section 9-1-1540 and is entitled to the disability retirement
    benefits she seeks.  See Leventis v. S.C. Dep’t of Health &
    Envtl. Control, 340 S.C. 118, 132-33, 530 S.E.2d 643, 651 (Ct. App. 2000)
    (holding that the burden of proof in administrative proceedings generally rests
    upon the party asserting the affirmative of an issue); see also 73A
    C.J.S. Public Administrative Law and Procedure § 128, at 35 (1983) (“In
    administrative proceedings, the general rule is that an applicant for relief,
    benefits, or a privilege has the burden of proof, and the burden of proof rests
    upon one who files a claim with an administrative agency to establish that
    required conditions of eligibility have been met.”).  Therefore, in this
    matter, Petitioner must establish (1) that she is mentally or physically
    incapacitated from the further performance of her job duties as a patient
    registration representative with MUSC, (2) that any such incapacity is “likely
    to be permanent,” and (3) that the circumstances are such that she “should be
    retired.”  S.C. Code Ann. § 9-1-1540.  In the case at hand, I find that
    Petitioner has not met her burden of establishing that she is entitled to
    disability retirement benefits under Section 9-1-1540. 
  Whether
    Petitioner “Should be Retired” 
              3.         As
    noted above, the statutory criteria for the award of disability retirement
    under SCRS require that a disability applicant establish not only that she is
    permanently incapacitated from performing her prior job duties, but also that she
    “should be retired” as a result of any such claimed incapacity.  S.C. Code Ann.
    § 9-1-1540.  This broad inquiry essentially requires “an analysis of whether an
    award of disability retirement benefits would be proper based on the particular
    facts of the case.”  Brown v. S.C. Budget & Control Bd., S.C. Retirement
    Sys., No. 05-ALJ-30-0217-CC, 2006 WL 2224684, at *5 (S.C. Admin. Law Ct. June 20, 2006).  In Brown, the court denied disability retirement benefits to a
    member of SCRS, in part because the member could not prove that she “should be
    retired” as a result of her allegedly disabling conditions.  Id. at *6. 
    The court found that the member, who alleged disability due to Labile Hypertension
    and related strokes, was contributing to and exacerbating her medical
    conditions by continuing to smoke cigarettes and consume alcohol, “despite
    repeated warnings and instructions from various doctors” to avoid cigarettes
    and alcohol.  Id.  Because it was clear to the court that the member’s
    “own personal habits and behaviors were a factor in her hypertension,” the
    court ultimately concluded that “it would be imprudent to pay disability
    retirement benefits under the circumstances in this case” and denied the
    member’s disability claim.  Id.   
  4.         It
    has also been recognized under the “should be retired” standard that “[i]t is
    axiomatic that [a member] should not be entitled to receive disability
    retirement benefits on the basis of a condition for which [the member] refuses
    to seek treatment.”  Graham v. S.C. Budget & Control Bd., S.C.
    Retirement Sys., No. 04-ALJ-30-0160-CC, 2004 WL 3200372, at *11 (S.C. Admin.
    Law Judge Div. Dec. 30, 2004).  In Graham, the court found that a member
    seeking disability retirement benefits “should not be retired,” because, among
    other things, she was not compliant with taking her medications as prescribed
    and did not seek treatment for her alleged psychological conditions.  Id. 
              5.         In
    the case at hand, it would be similarly imprudent to award disability
    retirement benefits to Petitioner based upon the circumstances of her case. 
    There is no question that Petitioner suffers from several, serious medical
    conditions, including diabetes, COPD, and coronary artery disease, all of which
    she has been diagnosed with for over ten years.  However, it is equally
    apparent that Petitioner’s own personal habits and behaviors, including her
    cigarette smoking, poor dietary habits, lack of exercise, and general failure
    to comply with the prescribed treatments for her medical conditions, have
    significantly contributed to and exacerbated her medical conditions.  Despite
    repeated, specific counseling from her physicians at MUSC over the past ten
    years on the steps she should take to improve her serious diabetic, lung, and
    heart conditions, Petitioner continued, until very recently, to smoke a pack of
    cigarettes a day, eat an unhealthy diet, and refrain from any physical
    exercise.  Further, while Petitioner now reports that she is taking the
    treatments for her diabetes seriously, her medical records reveal that, for
    much of the past decade, she did not take her condition seriously and did not
    fully comply with the prescribed treatments for the disease, often missing
    doses of insulin and failing to check her blood sugar regularly.  Petitioner’s lack
    of concern regarding her health is further reflected in her general failure to
    take medications as prescribed for conditions ranging from her chronic lung
    problems to her thyroid condition.  Therefore, while this Court acknowledges
    that Petitioner does have several serious medical problems and commends
    Petitioner on the recent lifestyle changes she has made in response to the
    Retirement Systems’ denial of her disability claim, it cannot ignore the fact
    that any impact her medical conditions have had upon her ability to work is
    largely the product of her long-standing failure to comply with the treatments
    prescribed by her physicians for her conditions.  Accordingly, this Court
    cannot find that Petitioner “should be retired” on a disability allowance
    pursuant to Section 9-1-1540. 
              6.         Further,
    it should be noted that, while Petitioner has not demonstrated that she “should
    be retired” as a result of her medical conditions, she has also failed to meet
    her burden of establishing that she is, in fact, permanently incapacitated from
    the further performance of her prior, largely sedentary job duties at MUSC as a
    result of her medical conditions.  Undoubtedly, Petitioner’s health is
    certainly compromised by her diabetes, COPD, and heart disease, all of which
    have serious implications for her long-term wellbeing.  However, the clinical
    reports contained in her medical records do not suggest that Petitioner has
    suffered complications from her diabetes of such severity that she is
    permanently incapacitated from performing her prior job at MUSC, nor do her
    medical records suggest that her underlying COPD and coronary heart disease
    prevent her from performing her prior job duties on a daily basis, except,
    perhaps, during the occasional acute exacerbation of her COPD.  Moreover, while
    Petitioner’s current treating physician, Dr. Maria Gibson, has written two
    letters in support of her disability claim, these letters only generally
    describe Petitioner’s medical conditions and do not state how or why those
    conditions would impair Petitioner’s ability to perform her prior job duties
    with MUSC, much less state that any such impairments are likely to be permanent
    and are not subject to improvement.  See Respt. Ex. #2, at 35; Petr. Ex.
    #2.  Accordingly, Dr. Gibson’s letters are only of limited usefulness in
    evaluating Petitioner’s disability claim under the standard set out in Section 9-1-1540. 
  Conclusion 
              7.         For
    the reasons set forth above, I find that Petitioner has not met her burden of
    demonstrating that she satisfies the requirements for the award of disability
    retirement benefits, and, in particular, she has not established that she “should
    be retired,” given her record of noncompliance with the advice of her
    physicians.  Therefore, I find that Petitioner’s application for disability
    retirement benefits pursuant to Section 9-1-1540 was properly denied by the Retirement Systems. 
  ORDER 
              Based
    upon the Findings of Fact and Conclusions of Law stated above, 
              IT
    IS HEREBY ORDERED that the Retirement Systems’ September 6, 2007 Final Agency Determination denying Petitioner’s application for disability retirement
    benefits is SUSTAINED. 
              AND
    IT IS SO ORDERED. 
                                                                                                  _____________________________ 
                                                                                                  The
    Honorable John D. McLeod 
                                                                                                  Administrative
    Law Judge 
  December 4, 2007 
  Columbia, South Carolina 
 
 
  
 
  
  |