Findings Of Fact The Petitioner, Nettie C. Mack, filed an application for Low Income Home Energy Assistance Program benefits, dated and received by the Respondent on November 21, 1983. This application showed the Petitioner's household to consist of four persons including herself, her daughter, and two minor children, all of whom reside in the vicinity of Campbellton, Florida. The Petitioner's daughter was claimed to have had $458.00 income for the month of November, 1983; the source of heat in the Petitioner's home was electricity. Upon verification of the income figure claimed for the Petitioner's daughter, a discrepancy turned up, indicating that the Petitioner's daughter earned $630.00 for the month of November, 1983. Consequently, the Petitioner was asked to submit information from the daughter's employer to verify the amount of income paid to her during November. When the Petitioner did not respond to this request for verification of her daughter's income, the Respondent denied the application. At the hearing the Petitioner still could not produce written verification of her daughter's income for November of 1983, but the daughter's direct testimony was considered some evidence in corroboration of this income. She is employed at the Washington County Hospital as a nurse's aide, and claimed to have received $458.00 monthly after deductions. By stipulation, the Petitioner was given ten days after the hearing to submit written verification of her gross earnings for November, 1983. The Petitioner submitted her daughter's paycheck stubs showing countable income in November, 1983, of $719.00. This is within the eligibility limits.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a Final Order determining that the Petitioner, Nettie C. .Mack, is eligible for Low income Home Energy Assistance Program benefits, and approving a payment to the Petitioner of $30.00 pursuant to this program. THIS Recommended Order entered this 13th day of June, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS 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 June, 1984. COPIES FURNISHED: Nettie C. Mack Route 1, Box 272 Campbellton, FL 32426 John Pierce, Esquire District Legal Counsel 2639 North Monroe St. Suite 200-A Tallahassee, Florida 32303
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 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 Petitioners Dorothy and Willie Taylor, who live with three (3) other persons, filed a Household Application for low income energy assistance. On July 21, 1981 they were reminded to send in a Medical Certification for Cooling (Form 137, May '81) by August 4, 1981 so that their eligibility for benefits could be determined. No medical statement form was submitted by Petitioners. Thereafter, on August 28, 1981, they were notified that their application was denied for the reason that the required information to show eligibility for benefits had not been submitted. Petitioner did not dispute the evidence and testimony presented by Respondent but offered as evidence a signed Medical Certification for Cooling showing that Petitioners were not in need of cooling for a medical condition which requires 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 Petitioners. DONE and ORDERED this 3rd day of February, 1982, 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 3rd day of January, 1982. COPIES FURNISHED: Mr. and Mrs. Willie Taylor David H. Pingree, Secretary 952 North 46th Avenue Attn: Susan B. Kirkland, Esquire Pensacola, Florida 32546 Department of HRS Building One, Room 406 Jon W. Searcy, Esquire 1323 Winewood Boulevard Department of HRS Tallahassee, Florida 32301 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576
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 Gregg Hilbert requested a hearing on February 24, 1981, and an informal conference with a supervisor in Respondent Department was held. On January 24, 1981 Hilbert, 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 lived with four (4) other persons and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 20, 1981 Petitioner was informed that he was denied assistance for the reason that he failed to furnish specified information as to the size of his household. 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 include on his application a person living in his household during the month he applied for benefits, and he also failed to furnish verification of his income within the specified deadline of ten (10) working days. He failed to appear at the hearing although he had 14 days notice of the hearing and telephone notice from Respondent.
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 24th 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 24th day of April, 1981. COPIES FURNISHED: Mr. Gregg Hilbert 169 West King Street 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 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 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; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Edmund A. Abolin requested a hearing by a letter received in the office of Respondent on February 27, 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 13, 198 Abolin, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps 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 receives a bill for kerosene to heat his home. By Notice of Application Denial mailed February 9, 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 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. Under Rule 10 CER 80-1.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Abolin's household income of $546.00 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 reco ends 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. Edmund A. Abolin 124 North 14th Street Fernandina Beach, Florida 32034 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
Findings Of Fact The Department has stipulated to the facts as set forth on the Application filed by the Petitioner on November 2, 1983. These include the following: The Petitioner, Elaine Denegal filed an application for Low Income Home Energy Assistance on November 2, 1983. This application showed the Petitioner's household to consist of six members including herself, all of whom resided in Belleview, Florida. The Petitioner had monthly income of $231.00 from her benefits under the Aid to Families with Dependent Children program. No other family member had income. The source of heat in the Petitioner's home was electricity. The amount of Low Income Home Energy Assistance benefits paid to the Petitioner was calculated by subtracting one from the household size (six), and multiplying the balance (five) by $25.00; by subtracting this amount ($125.00) from the gross household income ($231.00); and by using the remaining income ($106.00) to obtain the payment level for households in climatic region 3 when electricity is the household heat source. By means of this method, the Department found that benefits in the amount of $146.00 were due the Petitioner, and a check for this amount was issued to the Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order dismissing the application of Elaine Denegal for the reason that benefits payable to her under the Low Income Home Energy Assistance program have been paid. THIS RECOMMENDED ORDER entered this 20th day of April, 1984, in Tallahassee, Florida. WILLIAM B. THOMAS 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 20th day of April, 1984. COPIES FURNISHED: Elaine Denegal 12498 Southeast 95th Terrace Belleview, Florida 32620 James A. Sawyer, Jr., Esquire District Legal Counsel 1000 Northeast 16th Avenue Building H Gainesville, Florida 32601 David Pingree, Secretary Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301 Alicia Jacobs, General Counsel Department of HRS 1323 Winewood Blvd. 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 Mildred Moorer requested a hearing by a letter received in the office of Respondent on March 16, 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 30, 1981 Moorer, 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 has applied for the low income energy assistance. She lives with four (4) other persons, receives food stamps and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 25, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income 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 failed to appear although she had more than 14 days' written notice of hearing. Respondent presented evidence (Respondent's Composite Exhibit 1) which showed that Petitioner had a total gross household monthly income of $784.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code and the applicable chart Petitioner Moorer's household income exceeds the income limit of $723.00 for a household of five (5) 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: Ms. Mildred Moorer 830 NW 43rd Street Miami, Florida 33127 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 NW Second Avenue Miami, Florida 33128 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue The issue presented for decision herein concerns the appeal by the Respondent Department of Health and Rehabilitative Services' denial of low energy assistance benefits to the Petitioner.
Findings Of Fact Based upon my observation of the witnesses and their demandor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. Mrs. Borbala Batu submitted an application for home energy assistance to the Department of Health and Rehabilitative Services on November 26, 1983. (Respondent's Exhibit 1) On December 22, 1983, Respondent advised Petitioner by letter that in order to determine her eligibility for energy assistance, Petitioner must submit written verification of her income room 551 by providing a statement from that office; verification of cash from relatives or others for November, 1983 by providing a statement from the source, all of which must be received by Respondent on or before January 9, 1984. In that directive, Petitioner was further advised that she should call Respondent's Home Energy Unit Payments Worker, Bijan Jamkhu. (Respondent's Exhibit 2) Petitioner failed to respond to the request for verification of the additional information requested by Respondent and, by letter dated February 8, 1984, Respondent advised Petitioner that her application for assistance under the low income home energy assistance program was being denied pursuant to Sections 409.026 and 409.508, Florida Statutes, and Rules 10C-29.11 and 29.15, Florida Administrative Code. (Respondent's Exhibit 3) Respondent was able to independently determine that the Petitioner was receiving an amount ranging from $189 to $209 per month in 851 benefits. Upon independently learning of this amount, Respondent confronted Petitioner with that information and Petitioner reluctantly acknowledged that she was receiving benefits in the above amount. Further, Petitioner, through her spokesman, represents that Petitioner suffers from a language barrier and was unable to provide the information as requested by Respondent. In this regard, an examination of the documentary evidence herein reveals that the Petitioner submitted a completed application in detail and was advised by Respondent in the letter seeking additional information dated December 22, 1983 that Petitioner should call her Home Energy Unit payments Worker respecting her incomplete application. Based thereon, it is factually concluded that the Petitioner was not suffering from a language barrier to the point wherein she was unable to provide the requested information.
Recommendation Based on the foregoing findings of fact and conclusions of law, Petitioner's appeal of Respondent's denial of her application for low income' home energy assistance benefits be DENIED. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL Hearings 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 May, 1984. COPIES FURNISHED: Harold Braynon, Esquire District Legal Counsel 201 West Broward Boulevard Ft. Lauderdale, Florida 33301 Borbala Batu 3100 West Rolling Hills Circle, Apt. 310 Davie, Florida 33328 David Pingree Department of Health & Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Ruby P. Hutchinson 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, Hutchinson, who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial 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 within 45 days of Petitioner's application and she was promptly notified of the reason for denial of benefit. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need. Hutchinson's monthly household income during the month of her application was $352.30.
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 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 in Tallahassee, Florida. COPIES FURNISHED: Ruby P. Hutchinson 1715 North Combee Road 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
