The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 50-167, Laws of Florida; Rule 10 CER 80-11 amended by 10 CER 01-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Muriel L. Lanton requested a hearing by telephone and by a letter received in the office of Respondent on March 2, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Lanton, 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 has applied for the low income energy assistance. She lives alone in a house and receives a bill for use of electricity for heating. Her gross monthly income is $322.80 non-earned income. by Notice of Application Denial mailed February 19, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the monthly income limits for a household of her size. Petitioner did not appear but sent word to the Hearing Officer by the witness for Respondent that she did not think it fair to count the amount deducted for Medicare as income. Witness for the Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Under Rule 10 CER 80-11.07, Petitioner Lanton's household income exceeds the income limit of $318.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 27th day of March, 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 27th day of March, 1981. COPIES FURNISHED: Ms. Muriel L. Lanton 1110 Marigold Street Parker, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 Susan S. Kirkland, Esquire Department of HRS 1317 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 Sue Kammer requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 16, 1981 Kammer, a white female who lives alone, filed a Household Application for low income energy assistance. She was notified on June 17, 1981 that the application must be accompanied by verification of income and a Medical Certification for Cooling. She filed the verification of income and notified the Respondent that the medical certificate had been sent to the Central Florida Migrant and Community Health Center, Inc. This clinic closed, and Petitioner sought help from the clinic in Sanford, Florida. A physician there notified Petitioner by letter dated July 30, 1981 that the medical conditions required to show eligibility for cooling benefits could not be found on Petitioner's medical chart, and therefore he could not sign the medical certificate. Petitioner then sought help from her former physician, who signed the certificate, and Petitioner filed it on August 6, 1981. The Notice of Application Denial was dated July 25, 1981.
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 granting 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: Ms. Sue Kammer 2500 Howell Branch Road, #349 Winter Park, Florida 32792 Samuel P. Stafford, Esquire David H. Pingree, Secretary Department of HRS Attn: Susan B. Kirkland, Esquire 400 West Robinson Street, Department of HRS Suite 912 1323 Winewood Boulevard Orlando, Florida 32801 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 Bertha Mae Flynn 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 Flynn, a black female who lives with two other people, filed a Household Application for low income energy assistance. She was notified 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. No medical certificate was filed. 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 11th 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 11th day of December, 1981. COPIES FURNISHED: Ms. Bertha Mae Flynn 3060 North 15th Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Attn: Susan B. Kirkland, squire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Andrew J. McAlexander requested a hearing and, after the required informal conference with a supervisor in the Respondent Department, requested a formal hearing. On June 16, 1981 McAlexander, a white male who lives with one (1) other person, filed a Household Application for low income energy assistance together with the required Medical Certification for Cooling. By Notice of Application Denial dated July 10, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household income exceeded the maximum income limits for a household of his size. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Petitioner McAlexander's monthly household income during the month of his application was $572.40.
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 his 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. COPIES FURNISHED: Mr. Andrew J. McAlexander 1130 North Davis Avenue 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
The Issue This matter concerns the issue of whether the Petitioners qualify for assistance under the Low Income Home Energy Assistance Program. Mrs. Eddie R. New testified on behalf of herself and her husband and offered three exhibits which were accepted into evidence without objection. Respondent called as its only witness Eleanor J. Weatherspoon, an employee of HRS and a specialist in the Low Income Home Energy Assistance Program. As its only exhibit the Respondent offered Page 2-11 of HRS Manual 165-15, effective October 1, 1982. That exhibit was admitted without objection.
Findings Of Fact It was stipulated by the Respondent that the Petitioner, Mr. Eddie R. New, is presently and was at the time of the application for assistance permanently and totally disabled. Mr. and Mrs. New presently receive from Social Security $527.60 per month and from the V.A. $54.88 per month. These two total $582.48 as the monthly income for Mr. and Mrs. New. The funds received from Social Security and from the V.A. are the sole source of income for Mr. and Mrs. New. Mr. New is unable to work because of his disability and Mrs. New is unable to work because of the necessity that she be at home to take care of Mr. New on a daily and hourly basis. They own no property. Mr. and Mrs. New are the only two individuals living within their household. HRS Manual 165-15 provides an income limit of $518.00 per month for a household of two people in order to he qualified for assistance under the Low Income Home Energy Assistance Program. The monthly income of Mr. and Mrs. New exceeds the monthly income limit as provided by HRS Manual 165-15 Page 2-11.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is herehy recommended: 1. That the Petitioners be determined and otherwise declared to be ineligible for participation in the Low Income Home Energy Assistance Program. RECOMMENDED this 30th day of March, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS 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 30th day of March, 1983. COPIES FURNISHED: Ms. Maureen McGill District I Legal Counsel Department of HRS 160 Governmental Center Pensacola, Florida 32522 Mr. and Mrs. Eddie R. New Post Office Box 2091 Pace, Florida 32570 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Charlotte Herald requested a hearing by a letter received in the office of Respondent on February 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 22, 1981 Herald, a white female, filed a household application for low income energy assistance. No one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 12, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department but thought it was unfair to consider the amount deducted for Medicare as income. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Herald's household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 27th day of March, 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 27th day of March, 1981. COPIES FURNISHED: Mrs. Charlotte Herald 406 Malverne Street Inverness, Florida 32650 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Kenneth B. Duncan requested a hearing by a letter received in the office of Respondent on February 9, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the first hearing scheduled but appeared at the second hearing. On January 6, 1981 Duncan, 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 has applied for the low income energy assistance. He lives with one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 5, 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. Action was taken by Respondent within 45 days of Petitioner's application, and he was 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, especially since his son, who is a member of his household, does not contribute any money he makes from the CETA Program to the home but uses all the home facilities. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Duncan's household income exceeds the income limit of $418.00 for a household of two (2) persons.
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 8th day of April, 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 8th day of April, 1981. COPIES FURNISHED: Mr. Kenneth B. Duncan 9313 Spring Road Ocala, Florida 32672 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, amended by Rule 10 CER 81.40.8 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Judith Winthrop requested a hearing through a letter received in the office of Respondent on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 26, 1981 Winthrop, a white female, filed a Household Application for low income energy assistance. No one in her household is a migrant or a migrant farm worker, and no one else has applied for the low income energy assistance. She lives with one other person and receives a bill for use of fuel oil for heating. By Notice of Application Denial mailed February 2, 1981 Petitioner was informed that she was denied assistance for the reason that her household monthly income exceeded the maximum income for a household of her size. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but wanted a hearing to explain her critical physical condition and the costs of her care. She hoped that a special dispensation could be made because of her dire circumstances. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Winthrop's household income of $450.00 exceeds the income limit of $418.00 for a household of two (2) persons.
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 20th day of April, 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 on this 20th day of April, 1981. COPIES FURNISHED: Ms. Judith Winthrop c/o Mr. John Simon 162 Nautilus Road St. Augustine, Florida 32084 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 1323 Winewood Boulevard Building One, Room 406 Tallahassee, Florida 32301
Findings Of Fact Petitioner Fred A. Newman requested a hearing by a letter dated February 28, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at both the first and second scheduled hearings. On January 22, 1981 Newman, a white 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 with one other person, receives food stamps and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 5, 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. Tie action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial Of benefits. Petitioner did not appear. Respondent presented avidence (Respondent's Composite Exhibit 1) which shows that Petitioner has a gross combined income of $428.00 per month. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Newman's household income exceeds the income limit of $418.00 for a household of two (2) persons.
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 13th 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 13th day of May, 1981. COPIES FURNISHED: Mr. Fred A. Newman RD 2, Box 214 (Mulberry Street, Lake Weir Village) Oklawaha, Florida 32679 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32672 Alvin J. Taylor, Secretary Attn: Susan B. Taylor, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Beverly Ann Hudson requested a hearing by a letter received in the office of Respondent on July 31, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On June 10, 1981 Hudson, a white female, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. She lives with two (2) other persons. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. By Notice of Application Denial mailed June 12, 1981 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 by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Petitioner Hudson's monthly household income during the month of her application was in excess of $600.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered denying low income energy benefits to Petitioner. DONE and ORDERED this 17th day of September, 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 17th day of September, 1981. COPIES FURNISHED: MRS. BEVERLY ANN HUDSON ROUTE 4, BOX 855 PALATKA, FLORIDA 32077 JOSEPH E. HODGES, ESQUIRE DEPARTMENT OF HRS 2002 NORTHWEST 13TH STREET OAK PARK EXECUTIVE SQUARE GAINESVILLE, FLORIDA 32601 ALVIN J. TAYLOR, SECRETARY ATTN: SUSAN B. KIRKLAND, ESQUIRE DEPARTMENT OF HRS BUILDING ONE, ROOM 406 1323 WINEWOOD BOULEVARD TALLAHASSEE, FLORIDA 32301
