STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN R. GOLDSBY, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0751L

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Pensacola, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Diane K. Kiesling, on April 3, 1984. Petitioner appeared on his own behalf. Respondent was represented by counsel: Maureen McGill, Esquire, Department of Health and Rehabilitative Services, District I Legal Counsel, Post Office Box 12836, Pensacola, Florida 32576.

The question in this case is whether Mr. Goldsby's household is eligible for benefits under the Low Income Energy Assistance Program administered by the Department of Health and Rehabilitative Services (HRS).

FINDINGS OF FACT

1. Mr. Goldsby lives at 1408 Northwest 57th Avenue in Pensacola, Florida. His home is heated with natural gas. During the time period relevant to his application, Mr. Goldsby's income was $462.20 from social security, medicaid, and the Veterans Administration. Mr. Goldsby is not employed. He has extensive medical problems. Additionally, Mr. Goldsby's house suffered intensive and expensive damage as a result of a severe freeze which occurred in December, 1983.

   
   

2. Leon Taylor testified on behalf of HRS. HRS is required to follow guidelines which are set forth in a handbook dated October 1, 1983 (HRS M165- 15). Chapter 2 of this handbook contains the income criteria which were applied in this case. For a single person household the monthly income limit is

   $405.00.

   
   

   CONCLUSIONS OF LAW

   
   

3. Mr. Goldsby is not eligible for home energy assistance because his household income is too high. Chapter 10C, Florida Administrative Code, contains no exclusion for medical expenses or unusual household expenses. For a household with one person, the maximum income consistent with eligibility for benefits is $405 per month. This income limit is established as required by Rule 10C-29.13(5), Florida Administrative Code, and is specifically published in the Federal Register of February 17, 1983. Since Mr. Goldsby's income exceeds the income limitation for eligibility, he is ineligible for the benefits sought.

RECOMMENDATION

Upon consideration of the foregoing, it is

RECOMMENDED that Respondent deny Petitioner's application for benefits under the Low Income Energy Assistance Program.

DONE and ENTERED this 5th day of April, 1984, in Tallahassee, Leon County, Florida.

DIANE K. KIESLING

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1984.

COPIES FURNISHED:

John R. Goldsby

1408 Northwest 57th Avenue Pensacola, Florida 32506

Maureen McGill, Esquire District I Legal Counsel Department of Health and

Rehabilitative Services Post Office Box 12836 Pensacola, Florida 32576

David H. Pingree, Secretary Department of Health and

Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Docket for Case No: 84-000751

Orders for Case No: 84-000751