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:
Elizabeth Perkins vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioner:
Elizabeth Perkins

Respondent:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
05-ALJ-30-0046-CC

APPEARANCES:
Andrea M. Hawkins
Attorney for Petitioner

Kelly H. Rainsford
Attorney for the Agency
 

ORDERS:

MOTION AND CONSENT ORDER REMANDING TO AGENCY

This matter is before the Court on the motion of Petitioner Elizabeth Perkins, and with the consent of Respondent, to remand this matter to the State Budget and Control Board, South Carolina Retirement Systems, for reconsideration, without prejudice to either party to seek a contested hearing following the agency’s decision on reconsideration. The grounds for this motion are that Petitioner’s condition is continuing to develop and she is scheduled for further surgery on May 4, 2005. Respondent has agreed to reconsider Petitioner’s application for disability retirement benefits following the May 4, 2005 surgery.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that this matter should be, and hereby is, remanded to the State Budget and Control Board, South Carolina Retirement Systems, for reconsideration. This remand is without prejudice to either party to seek a contested hearing following the agency’s decision on reconsideration. Should the case be contested again, it shall return to the Court’s docket and all discovery previously conducted and filings previously made shall be effective as if the case had not been remanded.

Witness by hand and seal this 28th day of April 2005.

s/John D. Geathers____________

JOHN D. GEATHERS

Administrative Law Judge


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