ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before me upon the Motion of the Petitioner, by and with the consent of the Respondent. The parties are scheduled to appear before this court on August 23, 2005, for a hearing on Petitioner’s Request for a Contested Case Hearing.
The issues in this case are whether Petitioner is mentally or physically incapacitated from performing her previous job as a school teacher, whether those incapacities are likely to be permanent, and whether Petitioner should be retired. See S.C. Code Ann. § 9-1-1540 (1986 & Supp. 2004). Peggy G. Boykin, Director of Respondent, issued a Final Agency Determination denying Petitioner’s application for disability retirement benefits on the basis of permanence. Petitioner filed a Request for a Contested Case Hearing on December 3, 2004, seeking an Order from this Court overturning the Final Agency Determination and granting Petitioner’s application for disability retirement benefits.
During the time this case has been pending before this court, the parties have participated in discovery and exchanged additional materials, including recent medical evidence. Based on the additional evidence received during discovery, the Vocational Consultant has determined that the issue of permanence is sufficiently resolved. The Vocational Consultant issued a new recommendation to Director Boykin to grant Petitioner’s application for disability retirement benefits. Respondent, therefore, has made the determination to award the disability retirement benefits at issue in this action.
NOW THEREFORE, on motion of Jennifer R. Kellahan, attorney for Petitioner, and with the consent of Kelly H. Rainsford, attorney for Respondent,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above action is dismissed and the hearing scheduled for August 23, 2005, is cancelled.
IT IS SO ORDERED.
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Honorable Carolyn C. Matthews
Administrative Law Judge
September 1, 2005
Columbia, South Carolina
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