Judges: DELPHENE C. STRICKLAND
Agency: Department of Children and Family Services
Latest Update: Jun. 17, 1981
Summary: Respondent Department for Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), one Energy Assistance Program, as the state agency to administer he Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980. pursuant thereto Respondent instituted the Low Income Energy assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The applica
Summary: Respondent Department for Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), one Energy Assistance Program, as the state agency to administer he Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980. pursuant thereto Respondent instituted the Low Income Energy assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying her that her household income exceeded the monthly income limits and therefore he was ineligible for benefits. Petitioner made a timely request or a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified on her own behalf Respondent called one witness and offered one composite exhibit which was entered as evidence.Petitioner makes too much money per month to qualify for energy assistance.
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81-1037.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PHYLLIS BENSON, )
)
Petitioner, )
)
vs. ) CASE NO. 81-1037L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice an administrative hearing was held in Jacksonville, Florida on April 29, 1981 before the undersigned Hearing Officer of the Division of Administrative Hearings, Department of Administration.
APPEARANCES
For Petitioner: Phyllis Benson, pro se
3836 Nancy Street
Jacksonville, Florida 32209
For Respondent: Leo J Stellwagen, Esquire
Department of Health and Rehabilitative Services
5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231
ISSUE
Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), clone Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Ruled 10 CER 81-4, Florida Administrative Code.
PRELIMINARY STATEMENT
Respondent Department for Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes (1980), one Energy Assistance Program, as the state agency to administer he Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980. pursuant thereto Respondent instituted the Low Income Energy assistance Program.
A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying her that her household income exceeded the monthly income limits and
therefore he was ineligible for benefits. Petitioner made a timely request or a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of her rights and instructed as to the procedures to be followed at the hearing. Petitioner testified on her own behalf Respondent called one witness and offered one composite exhibit which was entered as evidence.
FINDINGS OF FACT
Petitioner Phyllis Benson requested a hearing by a letter received in the office of Respondent on March 30, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing.
On February 10, 1981 Benson, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives with one other person, receives food stamps and receives a bill for the use of electricity for heating. By Notice of Application Denial mailed February 23, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limit for a household of her size. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of her benefits.
Petitioner did not dispute the evidence presented by Respondent Department. but was convinced tic income limit by household size was unfair, particularly since part of her income was for overtime work and the cost of living has increased. Petitioner Benson's gross monthly household income is
$545.69. Her gross monthly income without the amount she earned as overtime is
$460.11.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this matter and the parties thereto pursuant to Section 120.57, Administrative Procedures Act, Florida Statutes, and Rule 10 CER 80-11.13, Hearings for Individual Households, Rules Promulgated by the Department of Health and Rehabilitative Services, Florida Administrative Code.
Section 409.508, Florida Statutes (1980), Home Energy Assistance Program, Section 2, designates the Department of Health and Rehabilitative Services as the state agency to administer the Federal Home Energy Assistance Program as provided for in Title III, Public Law 96-223, "Home Energy Assistance Act of 1980," and to provide home energy assistance benefits to eligible households. The Department of Health and Rehabilitative Services promulgated Emergency Rule 10 CFR 80-11, Low Income Energy Assistance Program, to carry out the provisions of the act and amended said rule by Emergency Rule 10 CER 81- 4.08, Florida Administrative Code, to extend the time period for application to February 13, 1981. Respondent has followed the foregoing statute, act and rules. .
Petitioner made application for benefits for a two (2) person household with a gross monthly income in excess of 418.00. Rule 10 CER 80-11.05, Income, Subsection (2), Florida Administrative Code, requires that the total income received by all household members during the month of application be considered (excluding only specified funds not pertinent to the facts of this case). Rule
10 CER 80-11.07, Determination of Eligibility Based on Income, Subsection (2) , limits monthly income for a two (2) person household to $418.00. Thus Petitioner is not eligible for low income energy assistance.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner.
DONE and ORDERED this 2nd day of June, 1981, in Tallahassee, Leon County, Florida.
DELPHENE C. STRICKLAND
Hearing Officer
on of Administrative Hearings The Oakland Building
200 Apalachee Parkway Tallahassee, Florida 32301
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1981.
COPIES FURNISHED:
Ms. Phyllis Benson 3836 Nancy Street
Jacksonville, Florida 32209
Leo J. Stellwagen, Esquire Department of HRS
5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231
Alvin J. Taylor, Secretary
Attn: Susan H. Kirkland, Esquire Department of HRS
Building One, Room 406 1323 Winewood Boulevard
Tallahassee, Florida 32301
Docket for Case No: 81-001037
Orders for Case No: 81-001037
