Findings Of Fact The Petitioner timely applied on November 30, 1984 for home energy assistance under the Low-Income Home Energy Assistance Program as authorized by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). Petitioners' only income was "unearned income" which was their monthly social security benefit payments which totalled $561.00. No monthly medicare premiums were deducted from Petitioners' monthly social security payments. The Respondent in calculating Petitioners' verified monthly income added a total of $29.20 back into Petitioners' total monthly income of $561.00 for an adjusted total verified monthly income of $590.20. On April 10, 1985 Respondent officially notified Petitioners that the monthly income of $590.20 exceeded the monthly income limit ($560.00) for their household. Respondent upon discovering that medicare premiums were not deducted from Petitioners' monthly social security payments readjusted Petitioners' total verified household income to $561.00. Petitioners agree that their verified monthly income during the month of application was $561.00. The monthly income limit for a household the size of Petitioners' as determined under Rule lOC-29.13, Florida Administrative Code is $560.00. Petitioners had no excludable income. Other than exceeding the monthly income limit of $560.00 for household the size of Petitioners', the Petitioners were eligible for assistance under the Low-Income Home Energy Assistance Program.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent enter Final Order denying the Petitioners' application for assistance under the Low-Income Home Energy Assistance Program. Respectfully submitted and entered this 19th of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 19th day of August, 1985. COPIES FURNISHED: Harold Braynon, Esq. HRS District Ten Legal Counsel 201 West Broward Boulevard Fort Lauderdale, FL 33301-1885 Charles V. and Helen Tokarski 6804 N.W. 29th Street, Lot 1, Block 32 Margate, FL 33063 Susan Kirkland, Esq. Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32301 David Pingree Secretary 1323 Winewood Boulevard Tallahassee, FL 32301 ================================================================ =
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Creola Moore requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Creola Moore, a black female who lives alone, filed a Household Application for low income energy assistance. She was notified hat the application must be accompanied by a properly completed Medical Certification for Cooling. The medical certificate which she filed indicated that her health conditions did not require a controlled temperature to prevent adverse effects which would be life threatening.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 11th day of December, 1981, in Tallahassee, Florida. DELPHENE C. STRICKLAND 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 11th day of December, 1981. COPIES FURNISHED: Creola Moore 3171 Torres Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of Health and Rehabilitative Services 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact The Petitioner was the recipient of approximately $50 per month in low income home energy assistance benefits in the assistance period immediately prior to the one at issue. She is a grandmother and is raising six grandchildren in her home. Her only income is social security and Aide to Families with Dependent Children (AFDC) benefits. There is no dispute in this proceeding that the Petitioner is financially qualified to receive the subject low income home energy assistance benefits. The Petitioner requires the subject benefits in order to pay for fuel oil and gas for home heating and cooking. Sometime in December, 1982, the Petitioner received an application form for the subject benefits from the HRS office in Gainesville, Florida. She filled out the form and gave it to her niece, Charlotte Bright, who testified in this proceeding, for mailing. Charlotte Bright mailed the form on the evening of December 26, 1982, in Gainesville. She looked on the mailbox in which she mailed the letter, and observed that the posted times for the Postal Service to pick-up letters from that box were at 3:00 p.m. and 5:00 p.m. that day. Accordingly, she realized that the letter could not be postmarked until December 27, 1982. She had earlier been told by an employee of the Respondent that a postmark of December 27, 1982, was acceptable. Accordingly, being conscious of the requirement that the letter be mailed so as to be postmarked on the 27th and knowing that the 5:00 p.m. pick-up deadline for the 26th had already passed, she wrote on the envelope (which is in evidence in this proceeding as Respondent's Exhibit 2) the following language, "I mailed this letter December 27, 1982, before 12:00 midnight, please accept this letter." In fact, although she mailed the letter on the 26th and wrote the notation regarding its mailing time to the effect that it was mailed effectively on December 27, the letter was shown to have been picked-up in Gainesville, taken to Jacksonville where it was postmarked on December 28, 1982, and then returned to Gainesville for ultimate delivery to the Respondent, which occurred on approximately December 29 or 30, 1982. It was Ms. Bright's belief, in acting on behalf of the Petitioner, that by mailing the letter in such a way for delivery in Gainesville, that it should have been postmarked the 27th and delivered that day, or at least the following day, but with a postmark which would have complied with the rule cited below, which effectively sets the deadline for posting at midnight December 27, 1982.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses, it is, hereby RECOMMENDED: That Mrs. Lillie Kelly be declared eligible for participation in the home energy assistance program and that the appropriate benefits for which she is financially entitled be awarded her. DONE and ENTERED this 28th day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF 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 February, 1983. COPIES FURNISHED: Mrs. Lillie M. Kelly P.O. Box 39 High Springs, Florida 32643 James Sawyer, Esquire District III Legal Counsel Department of HRS 2002 NW 13th Street Gainesville, Florida 32601 David H. Pingree, Secretary Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13 Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Robert William Stewart requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Stewart, a white male who lives with his wife, filed a Household Application for low income energy assistance. He was notified on July 15, 1981 that the application must be accompanied by a Medical Certification for Cooling showing that his health condition or the health condition of his wife was life-threatening without cooling. No medical certificate has been filed to show a life-threatening condition, and in fact the medical certificate filed shows the statement relative to a life-threatening condition requiring cooling was purposefully blotted out before the physician signed the certificate.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 7th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 7th day of December, 1981. COPIES FURNISHED: Mr. Robert W. Stewart 7532 Thelma Way, #8 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Shirley Fedd requested a hearing on March 19, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 2, 1981 Fedd, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else applied for the low income energy assistance. She lives with four (4) other persons in Jacksonville, Florida in a project, Outrigger Apartments, receives food stamps, and receives a bill for the use of electricity for heating purposes. Her household income is $275.00 per month. Petitioner was issued a check in the amount of $81.00 to assist her in paying her heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly paid low income energy assistance benefits. Petitioner did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that electricity was expensive and her primary source of heat. She had expected more money since others with fewer children had received more benefits under the program. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting four (4) climatic regions and a chart for determining the amount of low income energy assistance heating payments for each of the four (4) regions based on monthly income of the applicant and the type of fuel used for fully vulnerable and partially vulnerable households. The amount of $81.00 was the correct amount according to the chart under the facts provided by Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered approving the amount of Low Income Energy Assistance Program benefits allocated to Petitioner Shirley Fedd. DONE and ORDERED this 15th day of June, 1981 percent in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND, 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 15th day of June, 1981. COPIES FURNISHED: Ms. Shirley Fedd 301 Caravan Trail, No. 288 Jacksonville, Florida 32216 Leo J. Stellwagen, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Ms. McGhee, the Petitioner, resides at 3807 West Columbia Street, Orlando, Florida. She filed an application for home energy assistance benefits on November 7, 1983. On that application she indicated household income for three persons: Maycia McGhee-$324 per month in Disability and 551; Pamela McGhee-$108 per month from CETA; Stephanie McGhee-$231 per month in AFDC. Ernita Bradley, an HRS employee, was the only person who reviewed and handled Ms. McGhee's case. Ms. Bradley reviewed this application and determined that additional information was needed. Specifically, Ms. McGhee needed to furnish the ages of Stephanie and Pamela; the number of handicapped persons in the household; and income verification from CETA and 551 Disability for the month of November, 1983. Ms. McGhee went to the HRS office on November 28, 1983. She does not recall why she went, but she did see Ms. Bradley on that date. What occurred during that meeting is the source of the present conflict. Ms. McGhee testified that she had the CETA verification from Orange County Vocational with her on November 28, 1983, and that she gave that information to Ms. Bradley. She also stated that she does not recall being asked for the ages of Stephanie and Pamela or the number of handicapped in the household. Ms. McGhee was unable to offer an explanation of how she knew she needed a CETA income verification statement on November 28, 1983, but she just somehow knew that she needed it. Ms. McGhee also acknowledges that during this meeting Ms. Bradley informed her that she was getting ready to send her a letter and instead handed her a letter dated November 28, 1983 requesting the additional information set forth above. Ms. McGhee acknowledges that she did nothing further in regard to her application after the November 28, 1983, meeting because she didn't know that she needed to supply any additional information. Ernita Bradley testified that she recalled Ms. McGhee's visit on November 28, 1983, and she furnished notes that she made the same day as the visit to substantiate her testimony. These notes contained in Respondent's Exhibit 2 and Ms. Bradley's testimony establish that on November 28, 1983, Ms. McGhee came to Ms. Bradley's office and supplied some of the requested information. Ms. McGhee furnished the ages of Stephanie and Pamela and stated that she was the only person disabled in the household. Ms. Bradley testified that she told Ms. McGhee that the SSI verification was not necessary because she had verified that income from the HRS computer. Ms. Bradley emphasized to Ms. McGhee that she needed to bring a check stub or income verification of the CETA income for Pamela. Ms. Bradley further testified that Ms. McGhee stated that she would bring that information. Ms. Bradley beard nothing further from Ms. McGhee. The letter, Respondent's Exhibit 1, gave until December 12, 1983, for Ms. McGhee to furnish the information. Ms. Bradley testified that she gave Ms. McGhee ten more days to get the CETA verification, but after waiting until December 20, 1983, Ms. Bradley denied the application because the verification of CETA income was never received. Because the conflict between the testimony of Ms. Bradley and the testimony of Ms. McGhee must be resolved, it is found that the testimony of Ms. Bradley is more persuasive. This finding is based on the existence of notes made by Ms. Bradley contemporaneous with the events and the vague and imprecise testimony of Ms. McGhee, especially as to details. It is additionally found that Ms. McGhee did not submit verification of the CETA income as requested. Additionally, she did not bring that information with her to the hearing in this matter either.
Recommendation Upon consideration of the foregoing Findings of Pact and Conclusions of Law, it is RECOMMENDED that Respondent deny Petitioner's application for benefits under the Low Income Home Energy Assistance Program. DONE and ENTERED this 23rd day of April, 1984, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Maycia McGhee 3807 West Columbia Street Orlando, Florida 32805 Gerry Clark, Esquire District Legal Counsel Department of Health and Rehabilitative Services 400 West Robinson, Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 FILED with the Clerk of the Division of Administrative Hearings this 23rd day of April, 1984.
Findings Of Fact The Petitioner, Michele Ann Matlock, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 15, 1983. After reviewing the application and determining that additional verification was needed, the Department requested additional verification of the Petitioner's income on November 16, 1983. According to the testimony of a Department employee, this verification was delivered by hand at the time the application was received; however, this testimony was not based on personal recollection but upon the fact that the copy of the letter bore no address. The Petitioner did not receive the Department's letter requesting additional verification of income. The time stamp reveals the application was received on November 15, 1983. The date of the letter of request was November 16, 1983. Clearly, the Department's letter was not contemporaneous with the receipt of the application. On December 8, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 16, 1983. The Petitioner testified at hearing that her husband earned $640 per month (four weeks) during the period of eligibility determination. Petitioner, her husband, and her two children receive food stamps, live in Zone 4, heat with electricity, and constitute a family of four.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be redetermined based upon the income figures and family size provided in paragraph six of the Findings of Fact, supra. DONE and RECOMMENDED this 6th day of June, 1984, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 6th day of June, 1984. COPIES FURNISHED: Ms. Michele Ann Matlock 2990 Fourth Avenue, Apt. #56 Hudson, Florida 3567 Carol M. Wind, Esquire Department of Health and Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546 David M. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Two issues are potentially raised in this cause, as follow: Did the Petitioner made a timely application? Did the Petitioner's income exceed the established limits of eligibility?
Findings Of Fact The Petitioner, Nathaniel Ali, made an application for low income home energy assistance, which was stipulated by the parties to have been timely received by the Department of Health and Rehabilitative Services. However, the Petitioner did not verify his income as required, which resulted in the Department's letter to him dated January 5, 1983, requesting verification of his income. This letter established a suspense date of January 17, 1983, for response. It stated that in the event no response was forthcoming by said date the application would be denied. The Petitioner testified that he did not receive the Department's letter of January 5, 1983. His testimony is found to be credible in this regard. The Petitioner produced evidence of his income for the 30 days preceding his application. His records reflected that he received $99.66 as income from his position as a student assistant and $500 from his income as a construction worker over The Christmas break. His total income for the 30 days prior to his application was $599.66.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is that the application of the Petitioner, Nathaniel Ali, be approved and that he receive low income home energy assistance. DONE and RECOMMENDED this 16th day of August, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 16th day of August, 1983. COPIES FURNISHED: Mr. Nathaniel Ali 2506 Stroud Avenue, 207 Tampa, Florida 33609 Janice Sortor, Esquire Department of Health and Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 323017
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Mary Beth Hines requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Hines, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial dated July 9, 1981 Petitioner was informed that she was denied assistance for the reason that she failed to furnish income verification within ten (10) days as requested by Respondent on June 22, 1981. Petitioner Hines suffers from a heart condition which has left her almost immobile and which renders her hearing deficient and her speech difficult to understand. She requires the services of a homemaker provided through the county homemaker service and, because of low income, receives food stamps. Respondent Department can and, in most cases heard by this Hearing Officer, has verified income through the easily accessible computerized lists of food stamp recipients. Respondent failed to verify Petitioner's income through the food stamp lists but made a written request for Petitioner to verify her income. Petitioner failed to reply to the request and was denied benefits within fifteen (15) days of the request. Verification showing Petitioner is eligible for benefits was furnished before July 31, 1981, as shown by Respondent's Exhibit 1. The homemaker who cares for Petitioner Hines was called as a witness by Petitioner. This witness has many other persons she serves and stated that she could not return the requested information to Respondent Department within the specified time limit, but that she furnished it as soon as she could. Petitioner lives alone and has no one else to care for her or help her with her business affairs.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a Final Order be entered far by the Respondent Department of Health and Rehabilitative Services granting low income energy benefits to Petitioner. DONE and ORDERED this 4th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Ms. Mary Beth Hines Route 2, Box 627 Old Town, Florida 32680 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Center Gainesville, Florida 32601 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980) Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Ruby P. Hutchinson requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981, Hutchinson, who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for a household of her size. The action was taken within 45 days of Petitioner's application and she was promptly notified of the reason for denial of benefit. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Hutchinson's monthly household income during the month of her application was $352.30.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 15th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 15th day of December, 1981 in Tallahassee, Florida. COPIES FURNISHED: Ruby P. Hutchinson 1715 North Combee Road Lakeland, Florida 33805 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
