STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICIA MARGARET REMER, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2205L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause came on for hearing before Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on September 7, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: For Respondent:

Ms. Patricia Margaret Remer Leonard Helfand, Esquire 1310 Northwest 16th Street Department of Health and Apartment 410 Rehabilitative Services Miami, Florida 33125 401 Northwest Second Avenue

Suite 1040

Miami, Florida 33128

Petitioner requested a hearing due to the denial of her application for benefits pursuant to the Low-Income Home Energy Assistance Program.

Accordingly, the issue for determination is whether the Petitioner's application for benefits should be approved.

Petitioner, Patricia Margaret Remer, testified on her own behalf; and Respondent presented the testimony of Virginia Chittick.

FINDINGS OF FACT

1. Petitioner lives alone in a public housing project where she pays only a portion of her rent. She has extraordinary medical expenses as a result of a degenerative disease. Petitioner receives $377 monthly in Social Security benefits. After deducting the premium for Medicare, Petitioner's income is

   $360. Petitioner made application for low income energy assistance benefits for her home cooling costs. Respondent denied that application for benefits for the sole reason that Petitioner's income exceeds the maximum income permitted.

   
   

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this proceeding. Section 120.57(1), Florida Statutes (1981).

3. The Department of Health and Rehabilitative Services has been designated as the state agency to administer the Federal Home Energy Assistance Program and has been authorized to adopt rules to carry out the provisions of that program. Section 409.508, Florida Statutes (1981). The rules promulgated by Respondent under which the program is operated are codified as Chapter 10C- 29, Florida Administrative Code. In computing the income of an eligible household, expenses are not considered; rather, certain types of income are excluded. Section 10C-29.09, Florida Administrative Code.

   
   

4. Although Petitioner has extraordinary medical expenses, those expenses cannot be considered in computing the amount of Petitioner's income.

   
   

5. Section 10C-29.13(4), Florida Administrative Code, provides as follows: "A household whose income equals or is less than the income limit corresponding to the household's size is income-eligible. A household whose income exceeds the limit is ineligible." Since Petitioner has one person in her household, her monthly income limit is $359. Section 10C-29.13(5), Florida Administrative Code. Harsh though it may seem, Petitioner's income exceeds the maximum allowable monthly income by one dollar per month. Petitioner is, therefore, not eligible for benefits for the payment of her cooling bill.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore,

RECOMMENDED THAT:

A final order be entered denying Petitioner's application for Low-Income Home Energy Assistance Program benefits.

RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1982.

COPIES FURNISHED:

Ms. Patricia Margaret Remer 1310 Northwest 16th Street Apartment 410

Miami, Florida 33125

Leonard Helfand, Esquire Department of Health and

Rehabilitative Services

401 Northwest Second Avenue Suite 1040

Miami, Florida 33128

Mr. David Pingree Secretary

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 82-002205

Orders for Case No: 82-002205