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 |
