ORDERS:
CONSENT ORDER OF DISMISSAL
The above-captioned matter is before the Court upon the request of Petitioner Sharon Armstrong (“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 deny her application for disability retirement benefits. By an Order Granting Continuance and Amended Notice of Hearing dated November 14, 2007, this case was scheduled for a hearing before the Court on January 8, 2008. 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 issued on July 18, 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. During the time this case has been pending before the Court, the parties have gathered additional medical records related to Petitioner’s disability claim. Upon reviewing those additional records—most notably, Petitioner’s records from the Southeastern Spine Institute documenting the injuries to her spine—Mr. Leonard has now concluded that it would be appropriate to grant Petitioner’s claim subject to a continuing disability review in the future. Respondent South Carolina Retirement Systems has, therefore, made the determination to approve Petitioner’s application for disability retirement benefits, subject to a continuing disability review of those benefits in three years.
NOW, THEREFORE, upon the joint motion of Louis R. Morant, 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 John D. McLeod
Administrative Law Judge
January 15, 2008
Columbia, South Carolina
WE SO MOVE:
_____________________________ January 10, 2008
Louis R. Morant Date
Attorney for Petitioner
_____________________________ January 14, 2008
Justin R. Werner Date
Attorney for Respondent
|
