SC Administrative Law Court Decisions

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 1, 2006, 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. 2005). Peggy G. Boykin, Director of Respondent, issued a Final Agency Determination denying Petitioner’s application for disability retirement benefits. Petitioner filed a Request for a Contested Case Hearing on November 12, 2005, 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. Based on the additional evidence received during discovery, the Vocational Consultant has determined that the issues are sufficiently resolved. Respondent, therefore, has made the determination to award the disability retirement benefits at issue in this action.

NOW THEREFORE, on motion of Elizabeth Dalzell, 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 1, 2006, is cancelled.

IT IS SO ORDERED.

_______________________________

Honorable John D. McLeod

Administrative Law Judge

July 24, 2006

Columbia, South Carolina