STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EMILY ROBERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 83-763L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative hearings, by its duly designated Hearing Officer, Arnold H. Pollock, held a hearing in this case on May 17, 1983, in Ocala, Florida.

APPEARANCES

For Petitioner: Emily Roberson, pro se

2277 N.W. 12th Street Ocala, Florida 32675

For Respondent: James Sawyer, Esquire

District Counsel Department of HRS

2002 Northwest 13th Street Gainesville, Florida 32601

ISSUE

Whether Petitioner was properly denied home energy assistance as requested.

FINDINGS OF FACT

1. Petitioner is an 84-year-old unemployed homemaker whose entire and total income is a monthly Social Security payment of $300.04 and, periodically, when certain real property she owns is rented, a monthly rental check of $87.50.

   
   

2. On December 23, 1982, because the property had not been rented for several months, Petitioner filled out and submitted a "Household Application for Home Energy Assistance" form at the Ocala, Florida, office of the Department of Health and Rehabilitative Services (HRS). On this form, she listed, inter alia, her household makeup (she, alone), her Social Security number, and the amount of income she had each month, including the usual rent which she was not getting at the time.

   
   

3. On January 13, 1983, HRS sent Mrs. Roberson a form letter requesting further information. This information requested was the award letter from Social Security, telling the amount she was getting each month, and something

   telling the rent she received, signed by the tenant. She was to provide this information before January 27, 1983.

   
   

4. Apparently, Petitioner did not understand the request, and no one from HRS contacted her other than by this form letter. Sometime thereafter, Petitioner went into the HRS office and filled out another application form thinking that was the information requested. No action was taken on the second application. In any event, the requested information was not submitted and, as a result, the application was denied.

   
   

5. Petitioner's family size and income would qualify her for assistance had her response to the request for additional information been timely.

   
   

6. All during the time the Low Income Energy Assistance Program was in operation in Ocala, HRS had at least 6 or 7 staff members in the office to help individuals fill out their application forms and to answer questions posed by applicants.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this hearing.

   
   

8. Respondent has promulgated certain rules for determining the eligibility of applicants who apply for assistance under LIEAP.

   
   

9. Rule 10C-29.11(1),(3), and (5), Florida Administrative Code, provides:

   
   

   1. Income which is not excluded must be verified or documented unless the declaration given on the application form indicates ineligibility.

      * * *

      (3) "Document" is used in this program to mean the provision of an official document, paper or photocopy which is given to the Department for its records to support the eligibility of a house- hold member. "Verify" is used in this program to mean confirmation of the accuracy of an individual's statement by a Department employee by checking other departmental records or making a telephone call or a personal contact with the source of the income.

      * * *

      (5) Household members receiving SSI but not food stamps will have their income verified by a computer tape exchange with the Social Security Administration.

      
      

10. Here, HRS officials admit that under the circumstances, Petitioner would qualify for assistance, but for the fact there was no verification of her income. The facts also indicate that at the time the application was filed and for a month or so before, there was no tenant in Petitioner's rental unit to

    provide verification of income that was not being received at the time. Consequently, this information could not be forwarded as requested.

    
    

11. As to the verification of the Social Security Income, Subparagraph (5) above does not pertain to the normal Social Security payment such as that received by Petitioner. Regrettable as it is, the facts here show that Respondent did not provide the requested information in a timely manner and is barred from recovery.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED:

That the Department of Health and Rehabilitative Services deny Petitioner's application for low income energy assistance benefits.

RECOMMENDED this 2nd day of June, 1983, in Tallahassee, Florida.

ARNOLD H. POLLOCK

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 2nd day of June, 1983.

COPIES FURNISHED:

Emily Roberson

2277 N. W. 12th Street Ocala, Florida 32675

James Sawyer, Esquire District Counsel Department of Health and

Rehabilitative Services 2002 N.W. 13th Street Gainesville, Florida 32601

Mr. David Pingree Secretary

Department of Health and Rehabilitative Services

1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 83-000763

Orders for Case No: 83-000763