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 parties are scheduled to appear before this Court on August 1, 2006, for a hearing on Petitioner’s Request for a Contested Case Hearing.
The
issues in this case are whether Petitioner is mentally or physically
incapacitated from performing her previous job as a school teacher, whether
those incapacities are likely to be permanent, and whether Petitioner should be
retired. See S.C. Code Ann. § 9-1-1540 (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 12, 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.
NOW
THEREFORE, on motion of Elizabeth Dalzell, attorney for 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 and
the hearing scheduled for August 1, 2006, is cancelled.
IT IS SO ORDERED.
_______________________________
Honorable
John D. McLeod
Administrative
Law Judge
July 24, 2006
Columbia, South Carolina
I SO MOVE:
________________________________
Elizabeth Dalzell
Attorney for Petitioner |
I CONSENT:
________________________________
Kelly H. Rainsford
Attorney for Respondent |
|