Findings Of Fact On July 6, 1981, Petitioner, Corine Thomas, 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 Santa Rosa 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 August 28, 1981, on the ground Petitioner's monthly countable income exceeded that authorized by Department rule. When the application was filed, Petitioner and one other person lived in her household. Their total countable monthly income for July, 1981, was $524, which exceeds the $418 income limitation for households having two persons. Except for the excessive income, Petitioner was otherwise qualified to receive cooling assistance. Applicant contended the other person residing in her household when the application was filed was only temporary and has subsequently moved. However, he did reside there when the application was filed on July 6, 1981 and must be included as a member of her household for purposes of determining eligibility.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Corine Thomas 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: Corine Thomas 1611 Okaloosa Street Milton, Florida 32570 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 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
Findings Of Fact Petitioner Frank Selecky requested a hearing 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 8, 1981 Selecky, 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 alone and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 18, 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 in come limit by household size was unfair, especially since he has no kidneys, is on dialysis, has large medical and automobile fuel bills and is sixty-nine (69) years old. He has had difficulty in collecting his insurance reimbursement. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Selecky's income exceeds 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 low income energy benefits be denied Petitioner. 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. Frank Selecky Route 2, Box 985 Webster, Florida 33597 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 The issue is whether Petitioners' household income was within the maximum income limits.
Findings Of Fact Nazario and Frances Lopez applied for Low Income Energy Assistance Program benefits on June 22, 1981, as a two-person household. Their application was denied because their household income for the month of June was $452. The maximum income limit for a two-person household is $418. Mr. and Mrs. Lopez were otherwise qualified for these benefits. Effective at the end of June, the Social Security disability benefits payable to Frances Lopez in the amount of $203 were discontinued, and they received $249 in July.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that low income energy assistance benefits be denied Petitioners. DONE and ORDERED this 20th day of October, 1981, 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 20th day of October, 1981. COPIES FURNISHED: Mr. and Mrs. Nazario Lopez 11250 South West 197th Street, Apt. 134 Miami, Florida 33157 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 North West Second Avenue Miami, Florida 33128 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 405 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 Joannah Reed requested a hearing by telephone and by a written Request for Hearing received in the office of Respondent on March 17, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 5, 1981 Reed, a black female, filed a Household Application for low income energy assistance. 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 housing project with three (3) other people and receives a bill for use of electricity for heating. Three (3) members of her household receive food stamps, and the gross monthly earned and non-earned income is $789.10. By Notice of Application Denial mailed February 26, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $612.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size. She stated that many people lied about their income and received benefits, but she told the truth and was denied. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Reed's household income exceeds the income limit of $621.00 for a household of four (4) 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. DONE and ORDERED this 31st 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 31st day of March, 1981. COPIES FURNISHED: Ms. Joannah Reed 2023 NW 34th Avenue Gainesville, Florida 32605 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 50-167, Laws of Florida; Rule 10 CER 80-11 amended by 10 CER 01-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Muriel L. Lanton requested a hearing by telephone and by a letter received in the office of Respondent on March 2, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Lanton, a white female, filed a household application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives alone in a house and receives a bill for use of electricity for heating. Her gross monthly income is $322.80 non-earned income. by Notice of Application Denial mailed February 19, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the monthly income limits for a household of her size. Petitioner did not appear but sent word to the Hearing Officer by the witness for Respondent that she did not think it fair to count the amount deducted for Medicare as income. 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 Lanton's household income exceeds the income limit of $318.00 for a household of one person. 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: Ms. Muriel L. Lanton 1110 Marigold Street Parker, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 Susan S. Kirkland, Esquire Department of HRS 1317 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 On July 11, 1981, Petitioner, Epifano Rodriguez, 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 Lee County, Florida, which is a part of the South Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. Although the application required that applicant furnish his social security number and monthly countable income, he failed to do so. On July 14, 1981, the Department requested the claimant furnish the omitted information. Because he failed to comply with this request, the application was ultimately denied. Applicant and his wife are the only members of the household. Because of an acute or chronic medical condition, he is required to cool his residence. Through testimony at the hearing, Petitioner provided his social security number and monthly household income which totaled $394.25. This amount falls within the income limitations for households having two persons. Rodriguez also agreed to furnish verification of his monthly income to Department representatives no later than November 10, 1981, which is approximately one week after he receives his next social security checks. If such verification is supplied, Rodriguez will be entitled to $241 in cooling assistance benefits.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Epifano Rodriguez be GRANTED and he be given cooling assistance in the amount of $241 provided that he furnish verification of his monthly household income to Department representatives in Fort Myers, Florida, no later than Tuesday, November 10, 1981; otherwise the application should be denied. DONE and ENTERED this , 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 22nd day of October, 1981. COPIES FURNISHED: Epifano Rodriguez 5900 Winkler Road Fort Myers, Florida 33907 Anthony DeLuccia, Esquire 8000 Cleveland Avenue, South Fort Myers, Florida 33907
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
Findings Of Fact On March 23, 1982, Petitioner, Frances McGill, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by notice dated April 27, 1982, on the ground McGill had an excessive monthly income. Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision. Petitioner resides in her household with one other person. The total countable monthly income for the household during March, 1982, was $561. This amount exceeded the monthly income limitation of $474 for households having two persons. Therefore, McGill was ineligible for assistance based upon her March income. Applicant did not dispute the Department's determination that her total monthly countable income during March, 1982, exceeded acceptable income limitations prescribed by the Department. However, a large part ($370) of the income received in March was recently terminated, and it now falls within acceptable guidelines. Additionally, Petitioner pointed out that she is unemployed, has large medical bills, and is in genuine need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Frances McGill 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. Frances McGill 310 North West 7th Avenue, No. 2 Miami, Florida 33128 Leonard Helfand, Esquire Department of HRS 402 North West 2nd Avenue, Suite 1040 Miami, Florida 33128
