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.
AND
IT IS SO ORDERED.
__________________________________
JOHN D. MCLEOD
Administrative
Law Judge
April 13, 2006
Columbia, South Carolina
|
