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
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.
Findings Of Fact Petitioner James Burdett requested a hearing on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the scheduled hearing. On January 19, 198 Burdett, a white male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, no one receives food stamps, and no one else has applied for the low income energy assistance. He lives with six (6) other persons and receives a bill for use of fuel oil. By Notice of Application Denial mailed February 4, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household 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. Respondent presented three (3) exhibits which showed that Petitioner had a house old income for the month of January in excess of $1,016.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burdett's household income exceeds the income limit of $926.00 for a household of seven (7) 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. James Burdett 425 Arricola Avenue St. Augustine, Florida 32004 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 81-5 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 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 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 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 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 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 should have been considered 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, Administrative Code.
Findings Of Fact Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.
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 5th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 200 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. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063 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 The Petitioner, Cheryl Gayheart, 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 18, 1983. After reviewing the application and determining that additional verification was needed, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 22, 1983, by United States Mail at the following address: 7 Sunnydale Street, Hudson, Florida 33568 The Petitioner did not receive the Department's letter requesting additional verification of income. The zip code used by the Petitioner on her application, as indicated above, was 33568. This was the wrong zip code for the area to which the Petitioner had recently moved. The correct zip code should have been 33567. On December 6, 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 22, 1983. Prior to the deadline of the program, the Petitioner contracted the Department through the local food stamp office concerning her pending application for low income home energy assistance. At that time, she was told that she would hear from the Department concerning her application. The first notice she received from the Department was notice of the denial of her application. The Petitioner testified at hearing that she earned $3.70 per hour for eight hours four days per week at all times relative to her application. She and her two children receive food stamps, live in Zone 4, and constitute a family of three.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Petitioner contacted the Department prior to the deadline concerning her pending application and was not advised of the pending request for additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be reinstated. Further, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph seven of the Findings of Fact, supra. DONE AND RECOMMENDED this 1st 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 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June 1984. COPIES FURNISHED: Ms. Cheryl Gayheart 7 Sunnydale Street Hudson, Florida 33568 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
