South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Mary Ann Rosochacki vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioners:
Mary Ann Rosochacki

Respondents:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
07-ALJ-30-0554-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

In the above-captioned matter, Petitioner Mary Ann Rosochacki requested a contested case hearing to challenge the decision of Respondent South Carolina Budget and Control Board, South Carolina Retirement Systems, to deny her application for disability retirement benefits pursuant to S.C. Code Ann. § 9-1-1540 (Supp. 2007). By a Notice and Order of Hearing dated February 27, 2008, this matter was scheduled to be heard before the Administrative Law Court on Tuesday, May 6, 2008. However, as discussed below, the parties now come before the Court seeking the dismissal of this contested case.

At issue in this matter is the Final Agency Determination issued by the Director of the South Carolina Retirement Systems on September 28, 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. In making his recommendation, Mr. Leonard considered the medical records submitted to the Retirement Systems regarding Petitioner’s claim as of September 22, 2007, and Petitioner’s testimony at an administrative conference held by Mr. Leonard on August 23, 2007. However, during the time this case has been pending before the Court, Petitioner has submitted additional medical evidence concerning her disability claim, including, most notably, recent medical records related to the evaluation and treatment of her psychiatric conditions by her treating physicians in Connecticut. Based upon these updated medical records and the prior medical evidence in the record, Mr. Leonard has determined that the medical evidence submitted in connection with Petitioner’s case now supports a finding that she meets the eligibility requirements for disability retirement benefits. Respondent, therefore, has made the determination to award the disability retirement benefits at issue in this matter, subject to a continuing disability review of those benefits in three years.

THEREFORE, upon the joint motion of Robertson H. Wendt, Jr., attorney for Petitioner, and Justin R. Werner, attorney for Respondent,

IT IS HEREBY ORDERED that, pursuant to the settlement reached by the parties, the hearing of the above-captioned case scheduled for May 6, 2008, is CANCELED and this matter is DISMISSED.

AND IT IS SO ORDERED.

____________________________

Honorable Carolyn C. Matthews

Administrative Law Judge

April 29, 2008

Columbia, South Carolina

WE SO MOVE:

___________________________ ____________

Robertson H. Wendt, Jr. Date

Attorney for Petitioner

____________________________ ____________

Justin R. Werner Date

Attorney for Respondent


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