ORDERS:
ORDER OF REMAND
This
matter is before the Administrative Law Court (“ALC”) upon the Petitioner’s
request for a contested case hearing to challenge the decision of Respondent
South Carolina Budget and Control Board, South Carolina Retirement Systems
(“Department”) to deny her application for disability retirement benefits.
This matter was previously scheduled for a contested case hearing on October
10, 2007. On September 27, 2007, the Department filed a Motion for a
Continuance because the Petitioner has indicated that she will undergo back
surgery as soon as she receives approval from her insurance provider. The
Department believes that the outcome of the pending back surgery “will likely
have a significant effect upon the evaluation of Petitioner’s retirement
disability claim.” The Department acknowledges that it is difficult to
determine “how long Petitioner will need to complete her surgery and obtain
meaningful information regarding her recovery.” Rather than potentially
continuing this matter multiple times or requiring the Department to provide
updates to the court in periodic intervals, the court finds in the interest of
judicial economy that it would be more appropriate to remand this matter to the
Department to provide adequate time to evaluate the Petitioner’s additional
medical evidence. Therefore, it is hereby
ORDERED that the contested case hearing scheduled for Wednesday, October 10, 2007 is
cancelled. It is further
ORDERED that this matter is REMANDED to the Department for further review of the
Petitioner’s application for disability retirement benefits. It is further
ORDERED that, as this remand concludes the above-captioned contested case, if the
Petitioner wishes to challenge a subsequent final determination by the Department
after review of her additional medical evidence, then she will have to file a
new contested case before the ALC. In any new request for a contested case
hearing stemming from the application for benefits that is the subject of the
instant contested case, the Petitioner’s filing fee with this court shall be
excused upon her specific reference to this Order.
IT
IS SO ORDERED.
______________________________________
PAIGE J. GOSSETT
Administrative Law Judge
October 3, 2007
Columbia, South Carolina
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