ORDERS:
CONSENT ORDER OF DISMISSAL
In
the above-captioned matter, Petitioner Ed Ruffin requested a contested case
hearing to challenge the decision of Respondent South Carolina Budget and Control
Board, South Carolina Retirement Systems, to deny his application for
disability retirement benefits pursuant to S.C. Code Ann. § 9-1-1540 (Supp. 2007).
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 February 21, 2008, 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 and Petitioner’s
testimony at an administrative conference held by Mr. Leonard on February 14, 2008. However, during the time this case has been pending before the Court,
Petitioner has submitted additional medical evidence concerning his disability
claim, including, most notably, recent medical records from an outpatient
neuropsychological consultation. 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 he 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.
THEREFORE, upon the joint motion of Charles M. Black, Jr., attorney for Petitioner, and Justin
R. Werner, attorney for Respondent,
IT
IS HEREBY ORDERED that, pursuant to the settlement reached by the parties, this
matter is DISMISSED.
AND
IT IS SO ORDERED.
____________________________
Honorable
Paige J. Gossett
Administrative
Law Judge
June 2, 2008
Columbia, South Carolina
WE SO MOVE:
___________________________ ____________
Charles M. Black, Jr.
Date
Attorney for Petitioner
____________________________ ____________
Justin R. Werner
Date
Attorney for Respondent
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