ORDERS:
CONSENT ORDER OF DISMISSAL
The above-captioned matter is before the Court upon the request of Petitioner Gina J. Hyman (“Petitioner”) for a contested case hearing to challenge the decision of Respondent South Carolina Budget and Control Board, South Carolina Retirement Systems (“Retirement Systems”), to discontinue her disability retirement benefits. By a Notice of Hearing dated October 22, 2007, this case was scheduled for a hearing before the Court on December 12, 2007. However, prior to the contested case hearing, the parties informed the Court that they had reached a settlement of this matter, and the parties now come before the Court seeking the dismissal of this contested case pursuant to their settlement.
At issue in this matter is the Retirement Systems’ Final Agency Determination No. 07-022, in which the Retirement Systems discontinued Petitioner’s disability retirement benefits based upon her failure to timely submit paperwork related to a scheduled “Continuing Disability Review” of her benefits. However, having further reviewed the facts of this case, the Retirement Systems has decided to consider Petitioner’s Continuing Disability Review paperwork to have been timely filed and to allow the Continuing Disability Review of her benefits to go forward. The Retirement Systems has further determined that, if Petitioner’s disability benefits are re-approved based upon the Continuing Disability Review, she will receive retroactive disability benefits for the period during which her benefits had been discontinued.
NOW, THEREFORE, upon the joint motion of John C. Thomas, attorney for Petitioner, and Justin R. Werner, attorney for Respondent Retirement Systems,
IT IS HEREBY ORDERED that, pursuant to the settlement reached by the parties, the above-captioned case is DISMISSED.
AND IT IS SO ORDERED.
____________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
December 18, 2007
Columbia, South Carolina
WE SO MOVE:
___________________________ 12/11/07
John C. Thomas Date
Attorney for Petitioner
____________________________ 12/10/07
Justin R. Werner Date
Attorney for Respondent
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