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:
Johnny M. Hill vs. SCDHHS

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Johnny M. Hill

Respondent:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
06-ALJ-08-0143-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Notice of appeal seeking review of agency action in the above captioned matter was filed with the Administrative Law Court (ALC or Court) on March 16, 2006. Johnny M. Hill (Appellant) seeks benefits from Medicaid under the Aged, Blind or Disabled (ABD) program.

In response to the appeal, HHS filed a Motion to Dismiss on April 5, 2006 arguing that Appellant prevailed in his appeal at the Agency level. HHS states that “[a]fter extensive testimony, the Hearing Officer found that Appellant was, indeed, disabled and ordered him made eligible for Medicaid effective April 1, 2005.” HHS claims that if Mr. Hill’s appeal to this Court is granted, he will then be ineligible for disability benefits pending the outcome of the matter before the Court. HHS states that Appellant is eligible for Medicaid benefits and therefore this appeal should be dismissed.

IT IS THEREFORE ORDERED that Respondent’s Motion to Dismiss is hereby GRANTED and the above referenced appeal is hereby DISMISSED WITHOUT PREJUDICE.[1]

AND IT IS SO ORDERED.

__________________________________

JOHN D. MCLEOD

Administrative Law Judge

April 13, 2006

Columbia, South Carolina



[1] Per the Administrative Decision issued by Hearing Officer Barry Streeter, Esquire, if all non-disability criteria are resolved in Petitioner’s favor, Petitioner shall be placed on the Medicaid rolls as of April 1, 2005 (the most favorable date considering all the relevant evidence) and a re-examination date of seven (7) years shall be set (February 2013).


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