Judges: THOMAS C. OLDHAM
Agency: Department of Children and Family Services
Latest Update: Sep. 20, 1982
Summary: Petitioner's eligibility to receive low income energy assistance payment. This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel. He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.Petitioner
Summary: Petitioner's eligibility to receive low income energy assistance payment. This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel. He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.Petitioner's monthly income exceeds the maximum for low income energy assistance.
More
82-1905STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ARTHUR R. KOEHLER, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1905L
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing was held in the above-captioned matter, after due notice, at Tampa, Florida on August 10, 1982, before Thomas C. Oldham, Hearing Officer.
APPEARANCES
For Petitioner: Arthur R. Koehler
For Respondent: Janice Sortor, Esquire
District VI Assistant Legal Counsel Department of Health and
Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614
ISSUE PRESENTED
Petitioner's eligibility to receive low income energy assistance payment.
This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel.
He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.
FINDINGS OF FACT
On March 23, 1982, Petitioner, Arthur R. Koehler, filed an application for low income home energy assistance with the Respondent Department of Health and Rehabilitative Services, District VI at Tampa, Florida. His application reflected that he is 82 years old and lives alone in Tampa, Florida. The application showed his income as consisting of a monthly Social Security payment of $350.50. However, information received from the Social Security Administration confirmed that the gross income of Petitioner's monthly Social Security benefit was $388.70. (Testimony of Petitioner, Sugarman, Petitioner's Exhibit 1, Respondent's Exhibit 1)
On April 30, 1982, Respondent sent Petitioner a Notice of Denial form indicating that such denial was predicated on the fact that his income exceeded the monthly income limit for his household size, pursuant to Chapter 409, Florida Statutes, and Rules 10C-29.05, 09, and 13, Florida Administrative Code. Rule 10C-29.l3 provides that the monthly income limit for a one- person household is $359.00 per month. (Testimony of Petitioner, Sugarman, Respondent's Exhibit 2)
During the last year, Petitioner has incurred over $1,000.00 in medical bills resulting from a hernia operation, and anticipates the need for household repairs in the approximate amount of $1,500.00 to $2,000.00. He therefore feels that these matters should be taken into consideration in determining his income for energy assistance payments. However, according to Respondent's officials, there is no authorization for exclusion of income for such expenses in determining eligibility for energy assistance. (Testimony of Sugarman, Petitioner)
CONCLUSIONS OF LAW
Section 409.508, Florida Statutes, 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. Subsection (4) requires the Department to adopt rules to carry out the provisions of the Act.
Respondent's Rule 10C-29.13(5)(a), Florida Administrative Code, prescribes the criteria for determination of eligibility of applicants. For households having one person, the countable monthly income may not exceed
$359.00. Because Petitioner's income is more than that amount, he is not eligible for assistance. No provision is made in Respondent's rules for deduction of expenses such as those experienced by the Petitioner at arriving at total monthly income. It is therefore concluded that Petitioner's application should be denied.
RECOMMENDATION
That a final order be issued by the Department of Health and Rehabilitative Services denying the application of Petitioner, Arthur R. Koehler, for low income home energy assistance.
DONE and ENTERED this 30th day of August, 1982, in Tallahassee, Florida.
THOMAS C. OLDHAM
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 30th day of August, 1982.
COPIES FURNISHED:
Arthur R. Koehler
6824 South Trask Street Tampa, Florida 33616
Janice Sorter, Esquire
District VI Assistant Legal Counsel Department of Health and
Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614
David H. Pingree Secretary
Department of Health and Rehabilitative Services
1323 Winewood Blvd.
Tallahassee, Florida 32301
Docket for Case No: 82-001905
Orders for Case No: 82-001905
