ORDERS:
ORDER OF DISMISSAL
In
the above-captioned matter, the South Carolina Department of Health and Human
Services (Department or HHS) issued a final agency determination on November
28, 2007, with regard to Appellant’s Medicaid claim. The Department determined
that Appellant was not eligible for Medicaid benefits because “the Social
Security Administration (SSA) had made a disability decision within twelve (12)
months of the Medicaid application date.” Because SSA denied her disability,
HHS has no authority to independently determine disability pursuant to 42
C.F.R. § 435.541 (a)(2) & (b)(1)(i)(ii). Rather, SSA’s denial is also
binding on HHS. Appellant has not filed an appellate brief with this court to amend,
supplement, or modify her grounds for appeal.
Appellant’s
Notice of Appeal (a one-page letter filed December 31, 2007) neither contains a
cognizable ground for appeal to this court nor does it set forth a specific
reason for the reversal or modification of the Department’s final determination
that falls within the grounds for appeal enumerated in Section 1-23-380(5) of
the Administrative Procedures Act. S.C. Code Ann. § 1-23-360(5) (Supp. 2007).
Rather, Appellant refers to her health issues and difficult financial situation
as the basis for appealing the Department’s decision. While this court is
sympathetic to Appellant’s situation, Appellant has failed to state a
particular error of law or fact in her Notice of Appeal for this court to
review, as required by ALC Rule 33(B). ALC Rule 33 provides that:
The notice [of
appeal] . . . shall contain the following information: . . . a general
statement of the grounds for appeal as provided in S.C. Code Ann. §
1-23-380(A)(6). The grounds for appeal may be amended, supplemented or
modified in the statement of issues in the brief required by Rule 37(B)(1).
ALC Rule 33
(emphasis added). Therefore, this appeal must be dismissed, as this court is
limited in granting or denying relief to the Appellant in the instant matter as
she has not properly stated any grounds for appeal of the Department’s decision
regarding her Medicaid claim.
This
court is mindful of the difficulties facing pro se litigants and
its duty to assist them to ensure fairness. See ALC Rule 38 and
accompanying note. This court is also aware that appellate courts will
occasionally hear an appeal despite poorly-stated grounds for appeal if the
court is able to readily determine the issue to be reviewed and the appeal
appears to have merit. See, e.g., Sandel v. Cousins, 266 S.C.19,
221 S.E.2d 111 (1975). Nonetheless, where, as here, the appellant does not set
forth any articulable grounds for appeal, and no grounds, meritorious or
otherwise, readily appear to the reviewing court, an appellate court has little
choice but to dismiss the appeal. See, e.g., Kiawah Prop. Owners
Group v. Pub. Serv. Comm’n of South Carolina, 359 S.C. 105, 113, 597 S.E.2d
145, 149 (2004) (“[A] petition . . . pursuant to the Administrative Procedures
Act (APA) must direct the Court’s attention to the abuse allegedly committed
below, including a distinct and specific statement of the rulings of which
appellant complains.” (quoting Pringle v. Builders Transp., 298 S.C.
494, 495, 381 S.E.2d 731, 732 (1989))); Smith v. South Carolina Dep’t of
Social Services, 284 S.C. 469, 471, 327 S.E.2d 348, 349 (1985) (“[A]
petition must include all that is necessary to enable the appellant court to
decide whether the ruling complained of was erroneous.” (citing 4 Am.Jr.2d, Appeal
and Error, § 430 (1962))); Solley v. Weaver, 247 S.C. 129, 131, 146
S.E.2d 164, 165 (1966) (“We have held in many cases that every ground of appeal
ought to be so distinctly stated that the Court may at once see the point which
it is called upon to decide without having to ‘grope in the dark’ to ascertain
the precise point at issue.”).
IT
IS THEREFORE ORDERED that the above-captioned appeal is DISMISSED pursuant to ALC Rule 38 for Appellant’s failure to state a cognizable ground
for appeal.
AND
IT IS SO ORDERED.
______________________________
April 10, 2008 JOHN
D. GEATHERS
Columbia, South
Carolina Administrative Law Judge
1205
Pendleton Street, Suite 224
Columbia,
South Carolina 29201-3731
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