South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Richard Norton III vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Richard Norton III

Respondent:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
05-ALJ-08-0424-AP

APPEARANCES:
George R. Burnett
Assistant General Counsel for Respondent

Beth DesJardins
SC Centers for Equal Justice
Attorney for the Appellant
 

ORDERS:

ORDER

This appeal concerns Richard Norton III, a seven-year-old child who has been diagnosed with Nephrotic syndrome. Procedurally, his mother applied for TEFRA benefits from Medicaid in 2004. Apparently confused over the disposition of her application, she reapplied in 2005. In June 2005, Richard was found to meet the requisite Level of Care but was found not disabled. His application for TEFRA benefits was, therefore, denied. This appeal followed. In reviewing the record, Respondent found that, in 2004, Richard had been found disabled by the Department of Health and Human Services but did not then meet the Level of Care. Rather than appeal the Level of Care determination, Richard’s mother waited a few months and reapplied for services. The original finding of disability has never been overturned and the hearing upon which this appeal is based should never have taken place. Once Richard was found to meet the Level of Care in June 2005, his prior finding of disability should have been located and he should have been found eligible for TEFRA benefits. The parties have reached agreement on all issues outstanding between them and wish to settle this matter on the following terms:

1. This appeal will be dismissed.

2. Richard Norton III will be found disabled and placed in the TEFRA program retroactive to March 1, 2005, which is the month of his most recent application.

I find that this agreement is in the best interests of all parties concerned and make this agreement the Order of this Court.

AND IT IS SO ORDERED.

I CONSENT:

s/George R. Burnett____________ s/Beth DesJardins__________

George R. Burnett Beth DesJardins

Assistant General Counsel for S.C. Centers for Equal Justice

Respondent Department of Health and Attorney for Appellant

Human Services

s/John D. Geathers_______________

JOHN D. GEATHERS

Administrative Law Judge

Columbia, South Carolina

December 13, 2005


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