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.
Findings Of Fact Petitioner James D. Johnson, Sr. requested a hearing on a form letter received in the office of Respondent on March 12, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 10, 1981 Johnson, 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 receives food stamps and receives a bill for use of wood for heating. The house he lives in is divided into a unit for him and a unit for his son. The living quarters of each are connected by a hallway but each person lives as a separate family, and each heats his own unit. By Notice of Application Denial mailed February 23, 1981 Petitioner was informed that he was denied assistance for the reason that his gross monthly income exceeded the maximum income limit for a household of his size. His income plus the income of his son was added, although it was not entered on the application. The total exceeded the maximum income limit for a household of two (2) people. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. In the letter filed in this case, supra, Petitioner disputed the evidence presented by Respondent Department, stating that "the fact that I live in and rent part of my son's home does not give me access to his income." After considering the testimony of Petitioner and the statement of Respondent that Respondant would not deny Petitioner lived alone in one side of the house and heated his own unit, the Hearing Officer finds that Petitioner has a one person household and his gross non-earned income is $200.80 per month. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's one person household does not exceed 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 Petitioner is eligible for low income energy benefits. DONE and ORDERED this 6th 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 6th day of April, 1981. COPIES FURNISHED: Mr. James D. Johnson, Sr. 1213 NE Osceola Avenue Ocala, Florida 32670 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32672 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On June 3, 1981, Petitioner, Ethel Tatum, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Highlands County, Florida, which is part of Abe Central Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. After reviewing the application, Respondent requested applicant to furnish "....verification of (her) earned income..." on July 14, 1981, in order to complete processing of the application. In response to this request, a representative of the Agriculture and Labor Program, Inc. sent copies of Mr. & Mrs. Tatum's check stubs for June, 1980 through May, 1981, to verify the household's monthly income. The application was ultimately denied by Respondent on August 24, 1981, on the ground Petitioner had failed to furnish verification of her income as required by Department rule. When the application was filed, petitioner and two other persons lived in her household. She disclosed that her total countable monthly income for June, 1981, was 558, which exceeds the $519 income limitation for households having three persons. Accordingly, even though the Department based its action on lack of verification of income, Petitioner was ineligible for assistance because she exceeded the income limitations prescribed by Department rule.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Ethel M. Tatum for cooling assistance be DENIED. DONE and ENTERED this 8th day of February, 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 Hearing this 8th day of February, 1982. COPIES FURNISHED: Ethel M. Tatum 1416 South Carolina Drive Avon Park, Florida 33825 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Fort Myers, Florida 33907 Ms. Ollie Mae Hawkins Agricultural & Labor Program, Inc. 1650 Highlands Avenue Avon Park, Florida 33825
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 Samuel Gumpee 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 5, 1981 Gumpee, a black male, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. He lives with one other person and receives food stamps. By Notice of Application Denial mailed June 26, 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 and that medicare payments should not be counted as monthly income. Petitioner Gumpee's monthly household income during the month of his application was $420.00.
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 17th day of September, 1981, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1981. COPIES FURNISHED: Mr. Samuel Gumpee 1011 Hamilton Avenue Panama City, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 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 On July 15, 1981, Petitioner, Mary E. Hopkins, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Escambia County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on September 7, 1981, on the ground she had excessive income. Petitioner is the only member of her household. She receives a total countable monthly income of $317.10, which exceeds the monthly income limitation of $316 for households having only one person. Hopkins is in need of cooling due to the existence of a medical condition (respiratory) which requires a controlled condition to prevent adverse effects which would be life-threatening. Except for her level of income, she was otherwise qualified to receive assistance. Applicant did not dispute the fact that her income is in excess of the income limitations prescribed by Department rule. However, she urged that an exception be made in her case because of her genuine need for cooling assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Mary E. Hopkins for cooling assistance be DENIED. DONE and ENTERED this 3rd day of December, 1981, 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 3rd day of December, 1981. COPIES FURNISHED: Mary E. Hopkins 8316 Binkley Street Pensacola, Florida 32504 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
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 10 CER 81-4.08 through 4.11. Florida Administrative Code.
Findings Of Fact Petitioner Olga McDonald requested a hearing by telephone and by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 26, 1981 McDonald, a Hispanic female, filed a household application for low income energy assistance. Petitioner receives food stamps, 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 in a household with four (4) other people and receives a hill for use of electricity for heating. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $723.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department although she had indicated a lower weakly earned family income on her application, but was convinced the income limit by household size was unfair. She also felt the action taken denying her benefits was unfair because her adjusted gross income was only $2.00 above the cutoff for eligibility. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner McDonald's household exceeds the income limit of $723.00 for a household of five (5) 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, 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. Olga McDonald 2523 West Emma Circle Tampa, Florida 33614 Janice Sortor, Esquire Department of HRS W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact By application dated April 5, 1982, Petitioner, Carolyn W. Albury, sought financial assistance under the Low Income Energy Assistance Program from Respondent, Department of Health and Rehabilitative Services. The application was received by Respondent on April 15, 1982. By Notice dated May 10, 1982, Respondent requested Petitioner to furnish a form verifying the income reflected on her application no later than May 24, 1982. On May 20, 1982, Petitioner filed HRS Form 112 indicating that her employer, Dade County School Board, would not supply that information. Instead, she later submitted a pay stub for a two week pay-period in May, 1982, reflecting bi-weekly income of $493. The application was ultimately denied by notice dated June 1, 1982, on the ground Albury had not furnished verification of income for the month of April, 1982 and because such verification had not been timely filed in accordance with the instructions in the notice of May 10. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner's application states she resides in her household with two other persons. However, her daughter resides the majority of time in a college dormitory and cannot be included as a member of the household. The total countable monthly income for the household is approximately $1,070. After deducting a 20 percent allowance given to applicants who are employed, the income still exceeds the monthly income limitation of $474 for households having two persons. Therefore, Albury was ineligible for assistance. Applicant did not dispute the Department's determination that their total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that HRS instructions were unclear as to the type of income verification required, and had she been told to furnish pay stubs for the month of April, she would have done so. She also stated that she must use an air-conditioner and respiratory equipment at her home because of asthma and emphysema, and 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 Carolyn W. Albury for energy assistance be DENIED. DONE and ENTERED this 29th 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 29th day of July, 1982. COPIES FURNISHED: Ms. Carolyn W. Albury 1265 North West 86th Street Miami, Florida 33147 Leonard Helfand, Esquire Department of HRS 401 North West 2nd Avenue, Suite 1040 Miami, Florida 33128
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
Findings Of Fact Petitioner and his wife live together in subsidized housing on Miami Beach. They are both disabled, and they receive a combined monthly income of $421 in social security benefits. They have no other income, earned or unearned. Petitioner made application for low income energy assistance benefits for his home cooling costs. Respondent denied that application for benefits since the maximum monthly income for a two-person household is $418. Except for exceeding the maximum income limit, Petitioner is otherwise eligible for low income energy assistance benefits. A lady who assists Petitioner in caring for himself and his wife stays with them two or three nights a week. Petitioner pays her a few dollars a day when he is able and charges her nothing for any meals or for her room when she stays with Petitioner and his wife. This same lady also spends several nights a week with a friend of Petitioner's, and she has her own apartment for which she pays rent.
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 Energy Assistance Program benefits. RECOMMENDED this , in Tallahassee, Florida. LINDA M. RIGOT, 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 December, 1981. COPIES FURNISHED: Eugene Cash 245 Ninth Street, Apt. 4 Miami Beach, Florida 33139 Leonard Helfand, Esquire District XI Legal Counsel Department of Health and Rehabilitative Services 401 N.W. 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 low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, Florida Administrative Code, amended by Rule 10 CER 81-4.08 through 4.11.
Findings Of Fact Petitioner Willie Williams requested a hearing by a letter received in the office of Respondent on March 4, 1981. After having an informal conference with a supervisor in Respondent Department, Petitioner requested a formal hearing. On January 26, 1981 Williams, a black male, filed a household application for low income energy assistance. No one in his household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives alone in a house and received a bill for use of kerosene for heating. He receives food stamps, and his gross monthly income consists of $348.98 social security payments and $10.32 insurance payments. By Notice of Application Denial mailed February 19, 1981 Petitioner was informed that he was denied assistance for the reason that his adjusted monthly income exceeded the maximum income limit for a household of his size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated that he was ill and had much difficulty meeting his payments and needed assistance. The 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 Williams' 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 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. DONE and ORDERED this 1st 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 1st day of April, 1981. (904) 488-9675 COPIES FURNISHED: Mr. Willie Williams 101 West 19th Street Jacksonville, Florida 32208 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
