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:
Ethel Bailey vs. South Carolina Department of Health and Human Services

AGENCY:
South Carolina Department of Health and Human Services

PARTIES:
Appellant:
Ethel Bailey

Respondent:
South Carolina Department of Health and Human Services
 
DOCKET NUMBER:
03-ALJ-08-0437-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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