ORDERS:
This matter is before me on the appeal of Cathlein Barghorn (Appellant) filed on December 16, 2008. On February 12, 2009, the Department of Health and Human Services (Department) filed a Motion to Dismiss, which set forth that an Administrative Law Judge cannot grant the relief sought. Federal Law, found at 42 CFR435.541 (a) and (b), dictates that the decision of the Social Security Administration is binding on the Hearing Officer for the Department. As of the date of this Order, Appellant has not responded to the Department’s Motion to Dismiss or contested the validity of the Department’s position. Therefore,
IT IS THEREFORE ORDERED that this appeal is DISMISSED.
AND IT IS SO ORDERED.
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Ralph King Anderson, III
Administrative Law Judge
May 14, 2009
Columbia, South Carolina
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