Findings Of Fact Laura M. Davis lives in a low income government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by her monthly gross income. This rent also includes utility costs. She was advised that she was eligible for Low Income Energy Assistance payments by employees of Respondent since she had a certification by a doctor that, for health reasons, she should live in a air conditioned space. Petitioner does not have air conditioning. After completing her application, which was initially approved, Petitioner was subsequently advised by Respondent that because she did not have air conditioning and pay additional costs for electricity she was not eligible for Low Income Energy Assistance for cooling. Emergency Rule 10 CER 81-8, issued by the Department of Health and Welfare from whom the Low Income Energy Assistance funds come, provides: A household is not eligible when a government program is paying for the rising cost of cooling energy. This cost is paid by the housing project or facility where you live.
Findings Of Fact Petitioner Wiggins requested a hearing by telephone and by a letter received in the office of Respondent on February 27, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 12, 1981 Audrey O. Wiggins, 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 in a house with her husband and received a bill for use of electricity for heating. Her gross non-earned monthly income is $425.40. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the monthly income limits for a household of her size. Petitioner did not dispute the evidence presented by Respondent but stated that it was very difficult to live on the income of herself and her husband and would appreciate any help they could receive. 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 Wiggins' household exceeds the income limit of $418.00 for a household of two (2) persons. 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, 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: Audrey O. Wiggins 1958B Long Bay Road Middleburg, Florida 32068 Paul C. Doyle, Esquire Department of Health and Rehabilitative Services 5920 Arlington Expressway Post Office Box 2417F Jacksonville, Florida 32231 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On March 12, 1982, Petitioner, Floyd Brewington, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. After review of the application, it was ultimately denied by Respondent on April 2, 1982, on the ground Brewington had an excessive monthly income. Petitioner resides alone in his household. His total countable monthly income is $413, which is paid by the Veterans Administration. This amount exceeds the monthly income limitation of $359 for households having one person. Therefore, Brewington was ineligible for assistance. Applicant did not dispute the Department determination that his total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, he contended that because of high utility bills, and other recurring costs, he is in need of assistance to meet his financial burdens.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Floyd B. Brewington for energy assistance be DENIED. DONE and ENTERED this 19th day of May, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 May, 1982. COPIES FURNISHED: Mr. Floyd B. Brewington Post Office Box 1226 Tampa, Florida 33601 Janice Sortor, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
Findings Of Fact On March 11, 1982, Petitioner, Eva Cox, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by letter dated March 23, 1982, on the ground Cox had an excessive monthly income. A subsequent oral explanation as to the reason for the denial was given Petitioner on May 11, 1982. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner resides in her household with one other person. The total countable monthly income for the household is $548. This amount exceeds the monthly income limitation of $474 for households having two persons. Therefore, Cox was ineligible for assistance. Applicant did not dispute the Department's determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that because of a recent heart attack which has limited her ability to work, she is in need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Eva Cox for energy assistance be DENIED. DONE and ENTERED this 2nd day of July, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 July, 1982. COPIES FURNISHED: Ms. Eva Cox 1601 East Alabama Street, Apt. 114 Plant City, Florida 33566 Amelia Park, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
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
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 Frank Buscaglia requested a hearing by a letter received in the office of Respondent on April 1, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Buscaglia, 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 his wife and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 10, 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 the cost of living is so high that his income will not permit so essential an expenditure as hospitalization insurance for his wife. He stated that it appears that if only 25 percent of the eligible needy applied for low income energy assistance that the $19.7 million set aside for Florida's needy should be re-reviewed and the funds used for those whose monthly income slightly exceeded the guidelines. He is a World War II veteran, having been awarded the Silver Star and the Croix de Guerre. Respondent agreed at the hearing to determine whether illegal aliens were eligible for the low income energy assistance. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Huscogiias 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 7th 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 7th day of April, 1981. COPIES FURNISHED: Mr. Frank Buscaglia Route 1, Box 220 Oklawaha, Florida 32679 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
Findings Of Fact Petitioner Frank Schrepfer requested a hearing by a letter received in the office of Respondent on February 20, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 15, 1981 Schrepfer, a white male, filed a household application for low income energy assistance. No one in his household receives food stamps or other subsidies, or is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with his wife and daughter and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 11, 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. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, especially since he has large medical bills and is blind. His wife is also partially blind and ill, and his daughter is ill. He has applied for no other form of public aid. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Schrepfer's income exceeds the income limit of $519.00 for a household of three (3) persons. Action was taken by Respondent within 45 days of Petitioner's application, and he 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: Mr. Frank Schrepfer 2360 SW Sixth Avenue Ocala, Florida 32670 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; 10 CER 80-11 amended by 10 CER 81-4.08 through 4.11.
Findings Of Fact Petitioner Jack A. Eisenbach requested a hearing by a letter received in the office of Respondent on February 25, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 25, 1981, Eisenbach, 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 in a house with two (2) other people and receives a bill for use of electricity for heating. By Notice of Application Denial mailed January 30, 1981 Petitioner was informed that he was denied assistance for the reason that his gross monthly income exceeded $519.00, the maximum income limit for a household of his size. In the letter filed in this case, supra, Petitioner did not dispute the evidence presented by Respondent Department but requested financial assistance because of large doctor bills for himself. His wife does not work, and he has a 14-year-old child to support. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Eisenbach's household exceeds the income limit of $519.00 for a household of three (3) persons. Action was taken by Respondent within 45 days of Petitioner's application, and he 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 23rd 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 24th day of March, 1981. COPIES FURNISHED: Mr. Jack A. Eisenbach 11431 SW 32nd Lane Miami, Florida 33165 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 M Second Avenue Miami, Florida 33128 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), 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 Alma T. Camiel requested a hearing on April 3, 1981. After the require informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 28, 198 Camiel, 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 alone in Lake City, 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 $47.00 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 wood was expensive and her primary source of heat, although she used other types of fuel at times. She had expected more money since others received more benefits under the program, particularly if they used electricity as a primary source of beat. 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 boating payments for each of the four (4) regions based on monthly income of the application and the type of fuel used for fully vulnerable and partially vulnerable households. The amount of $47.00 was the correct amount according to the chart odor 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 Alma T. Camiel. DONE and ORDERED this 5th day of June, 1991, 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 5th day of June, 1981. COPIES FURNISHED: Ms. Alma T. Camiel 107 North Street Lake City, Florida 32055 Joseph E. Hodges, Esquire Department of HRS Oak Park Executive Square Gainesville, Florida 32601 Alvin J. Taylor, Secretary Attn: Susan E. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact At all times here relevant Bettye Jean Jenkins lived in a government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by the family's monthly gross income. This rent also includes utility costs. Petitioner was advised that she was eligible for Low Income Energy Assistance payments by employees of Respondent since she had a certification by a doctor that, for health reasons, she should live in an air conditioned space. Petitioner does not have air conditioning. After completing her application, which was initially approved, Petitioner was subsequently advised by Respondent that because she did not have air conditioning and pay additional costs for electricity she was not eligible for Low Income Energy Assistance for cooling. Emergency Rule 10 CER 81-8, issued by the Department of Health and Welfare from whom the Low Income Energy Assistance funds come, provides: A household is not eligible when a government program is paying for the rising cost of cooling energy. This cost is paid by the housing project or facility where you live.
