ORDERS:
CONSENT ORDER OF DISMISSAL
In
the above-captioned matter, Petitioner Mary Ann Rosochacki requested a
contested case hearing to challenge the decision of Respondent South Carolina Budget
and Control Board, South Carolina Retirement Systems, to deny her application
for disability retirement benefits pursuant to S.C. Code Ann. § 9-1-1540 (Supp.
2007). By a Notice and Order of Hearing dated February 27, 2008, this matter was scheduled to be heard before the Administrative Law Court on Tuesday, May 6, 2008. However, as discussed below, the parties now come before the Court
seeking the dismissal of this contested case.
At
issue in this matter is the Final Agency Determination issued by the Director
of the South Carolina Retirement Systems on September 28, 2007, in which the Retirement Systems denied Petitioner’s application for disability retirement
benefits based upon the recommendation of Joel D. Leonard, M.Ed., CRC, CVE, an
independent vocational consultant hired to review Petitioner’s claim. In
making his recommendation, Mr. Leonard considered the medical records submitted
to the Retirement Systems regarding Petitioner’s claim as of September 22, 2007, and Petitioner’s testimony at an administrative conference held by Mr. Leonard
on August 23, 2007. However, during the time this case has been pending before
the Court, Petitioner has submitted additional medical evidence concerning her
disability claim, including, most notably, recent medical records related to
the evaluation and treatment of her psychiatric conditions by her treating
physicians in Connecticut. Based upon these updated medical records and the
prior medical evidence in the record, Mr. Leonard has determined that the medical
evidence submitted in connection with Petitioner’s case now supports a finding
that she meets the eligibility requirements for disability retirement
benefits. Respondent, therefore, has made the determination to award the
disability retirement benefits at issue in this matter, subject to a continuing
disability review of those benefits in three years.
THEREFORE, upon the joint motion of Robertson H. Wendt, Jr., attorney for Petitioner, and Justin
R. Werner, attorney for Respondent,
IT
IS HEREBY ORDERED that, pursuant to the settlement reached by the parties,
the hearing of the above-captioned case scheduled for May 6, 2008, is CANCELED and this matter is DISMISSED.
AND
IT IS SO ORDERED.
____________________________
Honorable
Carolyn C. Matthews
Administrative
Law Judge
April 29, 2008
Columbia, South Carolina
WE SO MOVE:
___________________________ ____________
Robertson H. Wendt, Jr.
Date
Attorney for Petitioner
____________________________ ____________
Justin R. Werner
Date
Attorney for Respondent
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