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
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Mary T. Gabor is the daughter of Anna C. Ruwell, Petitioner herein. On April 20, 1982, Ms. Gabor submitted an application to the Low-Income Home Energy Assistance Program requesting that she (Petitioner) be determined eligible to receive Low Income Energy Assistance. The application was not signed or dated. On May 27, 1983, the application submitted on behalf of Petitioner was returned by Respondent "as it is unsigned and dated and is not acceptable since the signed application has to be postmarked by April 23, 1982, to be acceptable. Ms. Gabor operated under the assumption that she could complete the application on behalf of her mother (Petitioner), inasmuch as she was her mother's authorized representative in other assistance or entitlement programs such as food stamps, etc. Evidence reveals that Petitioner's application was received in the Energy Assistance Program's office on April 20, 1982. The program closed for the acceptance of applications on April 23, 1982. Respondent submitted a request to Petitioner by letter dated May 14, 1982, for additional information as to the amount of her Social Security award. Petitioner was allowed through May 28, 1982, to provide the requested information. That letter prompted Ms. Gabor to call the Energy Assistance Program on May 21, 1982. In the May 14th request for additional information, Petitioner was directed to sign and date the application. Approximately six (6) days later, on May 27, 1982, Ms. Ruwell's application was returned as unacceptable due to the above-referred omissions (absence of signature and date). Petitoner's application was one (1) of approximately seventeen hundred (1,700) applications received by the Energy Assistance Program during the last five (5) days of the filing period. Due to the substantial number of applications received by the Energy Assistance Program, Petitioner's omissions were not noticed until after the April 23, 1982, deadline. Ms. Gabor feels that she is entitled to an exception to the above- referred omissions based on Petitioner's elderly age and the fact that she would have been declared eligible but for the absence of Petitioner's signature on the application.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: 1. That Respondent submit to Petitioner a request for the additional information and afford her an opportunity to provide that missing or incomplete information within ten (10) days of the request for such information. Provided Petitioner furnishes Respondent with the additional information requested within the allowable ten (10) day period and the application otherwise satisfies the guiding criteria, it is further RECOMMENDED: That she be determined and otherwise declared eligible for participation in the Home Energy Assistance Program. RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida. JAMES E. BRADWELL 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.
Findings Of Fact The Petitioner was the recipient of approximately $50 per month in low income home energy assistance benefits in the assistance period immediately prior to the one at issue. She is a grandmother and is raising six grandchildren in her home. Her only income is social security and Aide to Families with Dependent Children (AFDC) benefits. There is no dispute in this proceeding that the Petitioner is financially qualified to receive the subject low income home energy assistance benefits. The Petitioner requires the subject benefits in order to pay for fuel oil and gas for home heating and cooking. Sometime in December, 1982, the Petitioner received an application form for the subject benefits from the HRS office in Gainesville, Florida. She filled out the form and gave it to her niece, Charlotte Bright, who testified in this proceeding, for mailing. Charlotte Bright mailed the form on the evening of December 26, 1982, in Gainesville. She looked on the mailbox in which she mailed the letter, and observed that the posted times for the Postal Service to pick-up letters from that box were at 3:00 p.m. and 5:00 p.m. that day. Accordingly, she realized that the letter could not be postmarked until December 27, 1982. She had earlier been told by an employee of the Respondent that a postmark of December 27, 1982, was acceptable. Accordingly, being conscious of the requirement that the letter be mailed so as to be postmarked on the 27th and knowing that the 5:00 p.m. pick-up deadline for the 26th had already passed, she wrote on the envelope (which is in evidence in this proceeding as Respondent's Exhibit 2) the following language, "I mailed this letter December 27, 1982, before 12:00 midnight, please accept this letter." In fact, although she mailed the letter on the 26th and wrote the notation regarding its mailing time to the effect that it was mailed effectively on December 27, the letter was shown to have been picked-up in Gainesville, taken to Jacksonville where it was postmarked on December 28, 1982, and then returned to Gainesville for ultimate delivery to the Respondent, which occurred on approximately December 29 or 30, 1982. It was Ms. Bright's belief, in acting on behalf of the Petitioner, that by mailing the letter in such a way for delivery in Gainesville, that it should have been postmarked the 27th and delivered that day, or at least the following day, but with a postmark which would have complied with the rule cited below, which effectively sets the deadline for posting at midnight December 27, 1982.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses, it is, hereby RECOMMENDED: That Mrs. Lillie Kelly be declared eligible for participation in the home energy assistance program and that the appropriate benefits for which she is financially entitled be awarded her. DONE and ENTERED this 28th day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF 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 28th day of February, 1983. COPIES FURNISHED: Mrs. Lillie M. Kelly P.O. Box 39 High Springs, Florida 32643 James Sawyer, Esquire District III Legal Counsel Department of HRS 2002 NW 13th Street Gainesville, Florida 32601 David H. Pingree, Secretary Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida, Energy Research and Development Task Force; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Bernice Miller 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 first hearing scheduled hut appeared at the second hearing. On January 19, 1981 Miller, 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 two (2) other persons and receives a bill for use of electricity. By Notice of Application Denial mailed February 18, 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. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair. She stated she received a bill for electricity for her freezer and air conditioner. Respondent presented evidence (Respondent's Composite Exhibit 1) which shows that Petitioner lives in a housing project which heats by gas from a central heat unit. Petitioner is not financially affected by the rising cost of energy pursuant to Rule 10 CER 80-11.04, Eligibility Factors Other Than Income, Florida Administrative Code. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Miller's household income exceeds the income limit of $519.00 for a household of three (3) 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 4th 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 4th day of May, 1981. COPIES FURNISHED: Ms. Bernice Miller 4229 Moncrief Road, West - Apt. 26 Jacksonville, Florida 32209 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 Jose Alvarado requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 2, 1981 Alvarado, a white male who lives with two (2) other persons, filed a Household Application for low income energy assistance. He was notified on July 6, 1981 that the application must be accompanied by a Medical Certification for Cooling, and he was requested to submit the medical certificate by July 20, 1981. He failed to file the certificate by July 27, 1981 and a call to the telephone number furnished by Petitioner was attempted, but there was no answer. Petitioner stated at the hearing that he had tried to get the physician to sign the certificate, but the physician was on vacation. Petitioner filed the signed certificate on July 31, 1981. The Notice of Application Denial was mailed on August 28, 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: Mr. Jose Alvarado 1875 Caralee Boulevard, Apt. 2 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Lucy Jeffery requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 9, 1981 Jeffery, at that time living with three (3) other people, filed a Household Application for low income energy assistance with the required Medical Certification (Form 137, May '81). By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her medical statement indicated her medical condition did not require cooling in order to prevent "life-threatening" adverse effects. The action was taken within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. The medical practitioner who signed the Medical Certification for Cooling wrote the words "Gastro intestinal condition not life threatening but medically prudent" before he signed the form. Petitioner did not dispute the evidence presented but felt that her medical condition warranted cooling and that she should be allowed benefits for that purpose.
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 10th day of February, 1982, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 1982. COPIES FURNISHED: Ms. Lucy Jeffery 1849 21st Street Sarasota, Florida 33580 Anthony N. DeLuccia, Jr., Esquire Department of Health and Rehabilitative Services 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of Health and Rehabilitative Services 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 Robert William Stewart 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 Stewart, a white male who lives with his wife, filed a Household Application for low income energy assistance. He was notified on July 15, 1981 that the application must be accompanied by a Medical Certification for Cooling showing that his health condition or the health condition of his wife was life-threatening without cooling. No medical certificate has been filed to show a life-threatening condition, and in fact the medical certificate filed shows the statement relative to a life-threatening condition requiring cooling was purposefully blotted out before the physician signed the certificate.
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 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: Mr. Robert W. Stewart 7532 Thelma Way, #8 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Mary Cecelia Williams requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 28, 1981 Williams, a black female who lives with two other person , filed a Household Application for low income energy assistance together with a medical certificate (Form 137 May 81) which had the words "which would be life-threatening" crossed out by the physician. She was notified on July 2, 1981 that the application was denied for the reason that the physician did not indicate the need for cooling services was life-threatening. Petitioner did not dispute the fact the medical certification was altered but stated at the hearing that she had no money to see another physician. Both Petitioner and her son have breathing difficulties and she believes her application for cooling benefits should be reconsidered.
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 Department of Administration 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: Mary Cecelia Williams 1112 NW Seventh Avenue Gainesville, Florida 32601 James Sawyer, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner James Benjamin Stallworth requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 8, 1981 Stallworth, a black male who lives with one (1) other person, filed a Household Application for low income energy assistance. He was notified that the application must be accompanied by a Medical Certification for Cooling, and was requested to submit the certificate that had been forwarded to him. The medical certificate filed was not completed but the physician wrote the word "denied" before his signature.
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 11 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: James B. Stallworth Route 5, Box 61 Elbert Lane 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, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for additional low income energy assistance under 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 Edna Griffin requested a hearing on April 2, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Griffin, 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 applied for the low income energy assistance. She lives alone in Bell, 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 as promptly paid low income energy assistance benefits. Petitioner, who is 90 years old, did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that her house is old and wood is expensive and her primary source of heat, although he uses other types of fuel at times. She had expected a larger heck since others, who had more money than she, had received more benefits under the program. 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. The amount of 547.00 was the correct amount according to he 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 Edna Griffin. 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: Edna Griffin Route 1, Box 140 Bell, Florida 32619 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
