ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Judge Division (“ALJD”) pursuant to Ethel
Bailey’s appeal of the Department of Health and Human Services’s (“HHS”’s) dismissal of her appeal
of HHS’s denial of her application for aged, blind or disabled Medicaid benefits after Bailey failed to
appear for a contested case hearing scheduled for September 17, 2003.
Bailey’s contested case hearing was scheduled to be heard by HHS’s Division of Appeals and
Hearings on September 17, 2003. Bailey failed to appear, and the hearing was not held. On
September 22, 2003, HHS issued a Final Decision dismissing Bailey’s appeal based on her failure to
appear at the scheduled hearing. After receiving HHS’s Final Decision, Bailey filed this appeal with
the ALJD. However, the issue of whether or not Bailey presented good cause for her failure to
appear at the September 17, 2003 hearing and whether she is entitled to a fair hearing before the HHS
Division of Appeals and Hearings on the denial of her requested Medicaid benefits is not properly
before the ALJD as HHS has not yet had an opportunity to determine whether Bailey can show good
cause for her failure to appear at the hearing. Accordingly,
IT IS THEREFORE ORDERED that this case is REMANDED to HHS for further
consideration to determine whether Bailey can show good cause to excuse her failure to appear at
the September 17, 2003 hearing and whether a fair hearing is required.
AND IT IS SO ORDERED.
____________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 30, 2003
Columbia, South Carolina |
