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:
Michael Ramey vs. SCBCB

AGENCY:
South Carolina Budget and Control Board

PARTIES:
Petitioner:
Michael Ramey

Respondent:
South Carolina Budget and Control Board, South Carolina Retirement Systems
 
DOCKET NUMBER:
05-ALJ-30-0479-CC

APPEARANCES:
Michael Ramey
Petitioner

Kelly H. Rainsford
Attorney for Respondent
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before me upon the Motion of the Petitioner, by and with the consent of the Respondent. The issues in this case are whether Petitioner is mentally or physically incapacitated from performing his previous job as a Correctional Officer, whether those incapacities are likely to be permanent, and whether Petitioner should be retired. See S.C. Code Ann. § 9-11-80(1) (1986 & Supp. 2005). Peggy G. Boykin, Director of Respondent, issued a Final Agency Determination denying Petitioner’s application for disability retirement benefits. Petitioner filed a Request for a Contested Case Hearing on November 21, 2005, seeking an Order from this Court overturning the Final Agency Determination and granting Petitioner’s application for disability retirement benefits.

During the time this case has been pending before this court, the parties have participated in discovery. Based on the additional evidence received during discovery, the Vocational Consultant has determined that the issues are sufficiently resolved. Respondent, therefore, has made the determination to award the disability retirement benefits at issue in this action with a continuing disability review scheduled to be held three years from the date of this order.

NOW THEREFORE, on motion of Michael Ramey, Petitioner, and with the consent of Kelly H. Rainsford, attorney for Respondent,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the above action is dismissed.

IT IS SO ORDERED.

_______________________________

Honorable Ralph K. Anderson, III

Administrative Law Judge

February 6 , 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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