STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EPHARIM PERRY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2473L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in the above case before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on October 26, 1981, in Madison, Florida.

APPEARANCES

For Petitioner: Epharim Perry in pro se

Hill Top Apartments, Number 1003 Madison, Florida 32340

For Respondent: John L. Pearce, Esquire

2639 North Monroe Street, Suite 200A Tallahassee, Florida 32303

On July 17, 1981, Petitioner, Epharim Perry, filed a household application for cooling assistance under the Low Income Energy Assistance Program. This application was ultimately denied by Respondent, Department of Health and Rehabilitative Services, on the ground Petitioner did not submit a certificate from a medical doctor verifying that he had a medical condition that required cooling to prevent adverse effects which would be life-threatening.

Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes, to contest the denial of the application. The matter was referred by Respondent to the Division of Administrative Hearings on October 2, 1981, with a request that a Hearing Officer be assigned to conduct a hearing.

By Notice of Hearing dated October 9, 1981, the final hearing was scheduled for October 26, 1981, in Madison, Florida.

At the final hearing, Petitioner, with the assistance of his son-in-law, Lawrence Cherry, testified on his own behalf. Respondent presented the testimony of Thomas Hamilton.

The issue herein is whether Petitioner is entitled to cooling assistance under the Low Income Energy Assistance Program.

Based upon all the evidence, the following facts are determined:

FINDINGS OF FACT

1. On July 17, 1981, Petitioner, Epharim Perry, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Madison County, Florida, which is a part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants.

   
   

2. Although the application required that applicant furnish a Medical Certification for Cooling Form, he failed to do so. On July 28, 1981, the Department requested the claimant furnish the omitted information in order to complete his application. Because he failed to comply with this request, the application was ultimately denied on August 28, 1981.

   
   

3. Applicant is the only member of his household. His total monthly countable income is 8258 which falls within acceptable income limitations prescribed by the Department. Except for the omitted Form, applicant was otherwise qualified to receive $143 in cooling assistance benefits.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes, and Rule 10 CER 80-11.13, Florida Administrative Code.

   
   

5. Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Madison County, Florida, where Petitioner resides. For households having one person with countable monthly income not exceeding $333, the level of assistance is $143. Petitioner's income falls within this range.

   
   

6. Rule 10 CER 81-8(3), Florida Administrative Code, provides in part as follows:

(3) Medical Necessity. In order to he eligible for cooling assistance, at least one household member must have a certified medical condition which requires cooling to prevent adverse effects which would be life-threatening.

(a) A licensed medical doctor, licensed

osteopath or advanced registered nurse practitioner must certify the individual who is a patient and specify the condition which requires cooling.

The above certification is to be completed on HRS Form 137. Although Petitioner was initially sent the, necessary medical form to be completed, and was later advised by a follow-up letter that such information was required in order to be eligible for benefits, he failed to comply with that request. Accordingly, the application must be denied.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Epharim Perry, be DENIED.

DONE and ENTERED this 28th day of October, 1981, in Tallahassee, Florida.

DONALD R. ALEXANDER

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 28th day of October, 1981.

COPIES FURNISHED:

Mr. Epharim Perry

Hill Top Apartments, #1003 Madison, Florida 32340

John L. Pearce, Esquire

2639 North Monroe Street - Suite 200A Tallahassee, Florida 32303

Docket for Case No: 81-002473

Orders for Case No: 81-002473