STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHARRON K. GOODMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2553L

)

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 November 9, 1981, in Ocala, Florida.

APPEARANCES

For Petitioner: Sharron K. Goodman

Route 2, Box 749-P

Silver Springs, Florida 32688

For Respondent: Joseph E. Hodges, Esquire

2002 North West 13th Street, 4th Floor Gainesville, Florida 32601

On July 17, 1981, Petitioner, Sharron K. Goodman, 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 medical certificate form verifying that she 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 12, 1981, with a request that a Hearing Officer be assigned to conduct a hearing.

By Notice of Hearing dated October 23, 1981, the final hearing was scheduled for November 9, 1981, in Ocala, Florida.

At the final hearing, Petitioner testified on her own behalf and offered Petitioner's Exhibit 1, which was received into evidence. Respondent presented the testimony of Joseph E. La Francis.

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, Sharron K. Goodman, 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 Marion 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, she failed to do so. On July 21, 1981, the Department requested the claimant furnish the omitted information in order to complete her application. Because she failed to comply with this request, the application was ultimately denied.

   
   

3. Applicant's household includes herself and her three children. She receives no monthly income except for a food stamp allowance. Except for the omitted form, applicant was otherwise qualified to receive $182 in cooling assistance benefits.

   
   

4. Because she has no transportation, Petitioner was unable to secure a completed Medical Certification for Cooling Form on a timely basis although she attempted to do so on several occasions. She did obtain the necessary form around the first of August when she received medical treatment in Gainesville, Florida. The form establishes that applicant is in need of cooling assistance due to the existence of a chronic medical condition which requires a controlled temperature to prevent adverse effects which would be life-threatening.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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.

   
   

6. Rule 10 CER 81-17(3), Florida Administrative Code, specifies the level of assistance for eligible households in Marion County, Florida, where Petitioner resides. For households having four persons with countable monthly income not exceeding $83, the level of assistance is $182. Petitioner's income falls within this range.

   
   

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

(3) Medical Necessity. In order to be 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 did not submit the necessary medical form when initially required to do so, she did obtain a completed form in August and has now made that a part of the

record. The delay was justifiable and should not deprive her of benefits to which she is otherwise entitled. Accordingly, the applicant should be granted cooling assistance in the amount of $182 as authorized by Department regulations.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Sharron K. Goodman, be

GRANTED.

DONE and ENTERED this 16th day of November, 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 16th day of November, 1981.

COPIES FURNISHED:

Ms. Sharron K. Goodman Route 2, Box 749-P

Silver Springs, Florida 32688

Joseph E. Hodges

2002 N.W. 13th Street, 4th Floor Gainesville, Florida 32601

Docket for Case No: 81-002553

Orders for Case No: 81-002553