Opinion
22-ALJ-22-0115-AP
05-24-2022
Barbara G. Thompson, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.
ORDER OF DISMISSAL
S. Phillip Lenski, Administrative Law Judge
This matter is before the Administrative Law Court (ALC or court) pursuant to the Notice of Appeal filed by Barbara G. Thompson (Appellant) on April 1, 2022. The Appellant is seeking judicial review of the South Carolina Department of Employment and Workforce's (Respondent or Department) Appellate Panel decision affirming the Appeal Tribunal's decision holding the Appellant ineligible for benefits and overpaid $2,498.00, upon finding the Appellant received benefits to which she was not entitled and must repay the overpayment to the Department.
On April 25, 2022, the Department issued a subsequent determination updating the Appellant's claim to add a Pandemic Emergency Unemployment Compensation (PEUC) benefit claim. On May 12, 2022, the Department filed a Motion to Dismiss for Mootness. After the Appellant's appeal to this court, and upon review, the Department updated the Appellant's claim to add a PEUC claim. Once the correction was made, the PEUC weeks were reinstated and removed from the overpayment history, and any additional payments due to the Appellant were remitted. Therefore, the Appellant has received the maximum Unemployment Insurance (UI) benefit amount for her claim, PEUC benefits for the dates she would be eligible, and any remaining technical overpayment amount was offset by the shifting weeks in benefits. On May 19, 2022, the Appellant filed a response to the Department's motion stating that she accepts the Department's motion to dismiss for mootness. Therefore, based on the foregoing,
IT IS HEREBY ORDERED that the Department's Motion to Dismiss for Mootness is GRANTED and this Appeal is DISMISSED.
IT IS SO ORDERED.