Findings Of Fact Petitioner Herbert Dean requested a hearing on April 22, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 16, 1981 Dean, a white male, filed a Household Application for low in home energy assistance. No one in his household is a migrant or migrant farm worker, and no one else applied for the low income energy assistance. He lives with one other person in Dunnellon, Florida, receives food stamps and receives a bill for the use of wood for heating purposes. Petitioner was issued a check in the amount of $36.00 to assist him in paying his heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and he as promptly paid low income energy assistance benefits. Petitioner did not dispute the evidence presented by Respondent, the facts of his residence or income, or the type of fuel used but stated that wood was expensive and his primary source of heat, although he used electricity for fuel at times. He said that the $36.00 he received did not help him much and be till owed a light bill of $148.17. His income is $258.00 monthly. 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. he amount of $36.00 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 Herbert Dean. DONE and ORDERED this 11th day of June, 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 11th day of June, 1981. COPIES FURNISHED: Mr. Herbert Dean Post Office Box 652 Dunnellon, Florida 32630 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner's application for Low-Income Home Energy Assistance should be granted, or denied in accordance with Respondent's Notice of Denial.
Findings Of Fact On November 3, 1983, Beverly R. Collins (Petitioner) filed a "Household Application for Home Energy Assistance" with Respondent, Department of Health and Rehabilitative Services (HRS). The application was incomplete. HRS mailed a notice to Petitioner that additional information must be supplied within 10 days, or additional time requested. The additional information was not forthcoming and no additional time was requested. By notice dated February 10, 1984, HRS informed Petitioner that the application would be denied for failure to timely provide the requested information. By letter dated March 26, 1984, Petitioner requested a hearing asserting that--due to misdelivery of mail--she had not timely received HRS' request for additional information. This case was transferred to the Division of Administrative Hearings for assignment of a hearing officer, and subsequently set to be heard on July 26, 1984. A copy of the notice of hearing was mailed to Petitioner at the address indicated on her request for hearing, and was not returned for lack of delivery. Petitioner did not attend the hearing. Nor was she represented by counsel. She made no request for a postponement, and no excuse for her absence has been presented.
Recommendation Accordingly, it is RECOMMENDED: That Petitioner's application for Low Income Home Energy Assistance be denied. DONE and ENTERED this 2nd day of August, 1984, in Tallahassee, Florida. R.L. CALEEN 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 August, 1984. COPIES FURNISHED: Gary Clark, Esquire 400 West Robinson St., Suite 912 Orlando, Florida 32801 Beverly R. Collins 1013 West 3rd St., Apt. B Sanford, Florida 32771
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
Findings Of Fact Petitioner lives alone in a public housing project where she pays only a portion of her rent. She has extraordinary medical expenses as a result of a degenerative disease. Petitioner receives $377 monthly in Social Security benefits. After deducting the premium for Medicare, Petitioner's income is $360. Petitioner made application for low income energy assistance benefits for her home cooling costs. Respondent denied that application for benefits for the sole reason that Petitioner's income exceeds the maximum income permitted.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for Low-Income Home Energy Assistance Program benefits. RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida. LINDA M. RIGOT 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 15th day of September, 1982. COPIES FURNISHED: Ms. Patricia Margaret Remer 1310 Northwest 16th Street Apartment 410 Miami, Florida 33125 Leonard Helfand, Esquire Department of Health and Rehabilitative Services 401 Northwest Second Avenue Suite 1040 Miami, Florida 33128 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 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 David Harvey requested a hearing on April 8, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Harvey, a black male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else applied for the low income energy assistance. He lives alone in Jacksonville, Florida, has an income of $286.50 each month and receives a bill for the use of kerosene for heating purposes. Petitioner was issued a check in he amount of $200.00 to assist him in paying his heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly paid low income energy assistance Petitioner did not dispute the evidence presented by Respondent, the facts of his residence or income, or the type of fuel used but stated that kerosene was expensive and his primary source of heat. He had expected greater benefits since is bill was large and he is crippled and old. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting our (4) climatic regions and a chart for determining the amount of low income energy assistance heating payments for each of the our (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 $200.00 was the correct amount accordance 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 David Harvey. DONE and ORDERED this 11th day of June, 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 11th day of June, 1981. COPIES FURNISHED: Mr. David Harvey 3138 Bridier Street Jacksonville, Florida 32206 Leo J. Stellwagen, Esquire Department of HRS 920 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 Petitioner Muriel M. Elliott requested a hearing by a complaint received in the office of Respondent on March 27, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. In January of 198 Elliott, a white 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 one other person, receives food stamps and receives a bill for the use of natural gas for heating purposes. Petitioner was issued a check in the amount of $136.00 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 sent low income energy assistance benefits. Petitioner Elliott did not dispute the evidence submitted by Respondent but requested a hearing with the hope that additional benefits might be granted inasmuch as her income is only 5259.90 per month. 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 based on monthly income of the applicant and the type of fuel used for both fully vulnerable and partially vulnerable households. The amount of $136.00 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 benefits allocated to Petitioner Muriel M. Elliott. DONE and ORDERED this 11th day of June, 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 11th day of June, 1981. COPIES FURNISHED: Ms. Muriel M. Elliott 505 West Leon Street Perry, Florida 32347 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32301 Alvin J. Taylor, 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 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 low income energy assistance as provided in 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. Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes 1980) , Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223, "Home Energy Assistance Act of 980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Respondent's witness offered four (4) composite exhibits which were entered as evidence.
Findings Of Fact Petitioner Fernando Torres requested a hearing by a letter received in the office of Respondent on March 2, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 13, 1981 Torres, a Hispanic male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 18, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly income exceeded the maximum income for a household of his size. The action was taken by Respondent within 45 days of Petitioner's application, and he as promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, particularly since the cost of living has increased. Petitioner Torres' monthly household income is $847.60. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner's income exceeds the income limit of $316.00 for a household of one person.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 21st day of May, 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 21st day of May, 1981. COPIES FURNISHED: Mr. Fernando Torres 2224 Lime Tree Drive Edgewater, Florida 32032 Paul C. Doyle, 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
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 81-6 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 Rosa Jackson requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 7, 1981 Jackson, a black female who lives alone, filed a Household Application for low income energy assistance. She was notified on July 5, 1981 that the application must be accompanied by a Medical Certification for Cooling, and she was requested to submit the certificate that had been forwarded to her. She failed to file the certificate, and another form was forwarded to her on September 3, 1981. No medical certificate has been filed. Petitioner stated at the Hearing that she had intended to mail it but never did. She did not have the required medical certificate with her at the hearing.
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 4th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND 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 4th day of December, 1981. COPIES FURNISHED: Ms. Rosa Jackson Route 5, Box 61 Elbert Lane Pensacola, Florida 32503 Jon Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 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 was provided an opportunity to make a written application for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Callie Robinson requested a hearing through her attorney by a letter received in the office of the Respondent on April 24, 1981. After several informal conferences with a supervisor in Respondent Department and the Assistant District Counsel Petitioner requested a formal hearing. Petitioner is a black female who lives with her three (3) children in a rented home. She receives a bill for use of propane gas for heating. She is not employed, and her gross income is through the Aid to Families with Dependent Children program and other public welfare agencies. Petitioner did not dispute the evidence presented by Respondent that she never completed or signed an official Low income Energy Assistance Program application for benefits or that he was given an official application form complete with filing instructions and an official brochure explaining the application and eligibility requirements of the state administered program. Petitioner completed the eleventh (11th) grade in school and can read. Petitioner understood from an inquiry to an employee of Respondent Department employed as a caseworker in the d to Families with Dependent Children Program that she would automatically qualify for the Low Income Energy Assistance Program. he caseworker with whom Petitioner spoke had referred her to the Low Income Energy Assistance Program in the same building because he caseworker's primary concern was clients' eligibility for the Aid to Families with Dependent Children Program. Petitioner mistakenly believed she did not have to fill out the application or low income energy assistance benefits inasmuch as she qualified or aid to families with dependent children. Petitioner called as her witness a friend who had completed her own application for benefits and at the time was encouraging others to file for benefits by handing out application blanks and brochures explaining the program. The witness gave an application and brochure to Petitioner who casually laid them aside and did not read them, believing it was unnecessary. From observing the demeanor of the parties and the witnesses the Hearing Officer finds ttot Petitioner Robinson mistakenly believed that because of her eligiblility for the Aid to Families with Dependent Children benefits she would automatically qualify for and be granted benefits under the Low Income Energy Assistance Program. She failed to listen attentively to the Respondent's caseworker and did not report to the office which took written applications for low income energy assistance benefits. She further failed to listen to her friend and witness who had herself reported to said office made written application and had distributed an application form and brochure to Petitioner. Petitioner failed to read the information furnished to her which would have informed her that she must fill out and submit a written application for Low Income Energy Assistance Program benefits.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy enefits be denied Petitioner. DONE and ORDERED this 2nd day of June, 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 2nd day of June, 1981. COPIES FURNISHED: R. A. Culbertson, Esquire Greater Orlando Area Legal Services, Inc. Osceola County 1200 Central Avenue, Suite 110 Kissimmee, Florida 32741 Sam Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 Alvin J. Taylor, Secretary Attn: Susan E. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
