The Issue Two issues are potentially raised in this cause, as follow: Did the Petitioner made a timely application? Did the Petitioner's income exceed the established limits of eligibility?
Findings Of Fact The Petitioner, Nathaniel Ali, made an application for low income home energy assistance, which was stipulated by the parties to have been timely received by the Department of Health and Rehabilitative Services. However, the Petitioner did not verify his income as required, which resulted in the Department's letter to him dated January 5, 1983, requesting verification of his income. This letter established a suspense date of January 17, 1983, for response. It stated that in the event no response was forthcoming by said date the application would be denied. The Petitioner testified that he did not receive the Department's letter of January 5, 1983. His testimony is found to be credible in this regard. The Petitioner produced evidence of his income for the 30 days preceding his application. His records reflected that he received $99.66 as income from his position as a student assistant and $500 from his income as a construction worker over The Christmas break. His total income for the 30 days prior to his application was $599.66.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is that the application of the Petitioner, Nathaniel Ali, be approved and that he receive low income home energy assistance. DONE and RECOMMENDED this 16th day of August, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1983. COPIES FURNISHED: Mr. Nathaniel Ali 2506 Stroud Avenue, 207 Tampa, Florida 33609 Janice Sortor, Esquire Department of Health and Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 323017
Findings Of Fact Petitioner Wiggins requested a hearing by telephone and by a letter received in the office of Respondent on February 27, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 12, 1981 Audrey O. Wiggins, 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 in a house with her husband and received a bill for use of electricity for heating. Her gross non-earned monthly income is $425.40. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the monthly income limits for a household of her size. Petitioner did not dispute the evidence presented by Respondent but stated that it was very difficult to live on the income of herself and her husband and would appreciate any help they could receive. 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 Wiggins' household exceeds the income limit of $418.00 for a household of two (2) 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, 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: Audrey O. Wiggins 1958B Long Bay Road Middleburg, Florida 32068 Paul C. Doyle, Esquire Department of Health and Rehabilitative Services 5920 Arlington Expressway Post Office Box 2417F Jacksonville, Florida 32231 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
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 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. Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes 1980) , Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223, "Home Energy Assistance Act of 980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Respondent's witness offered four (4) composite exhibits which were entered as evidence.
Findings Of Fact Petitioner Fernando Torres requested a hearing by a letter received in the office of Respondent on March 2, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 13, 1981 Torres, a Hispanic 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 electricity 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. The action was taken by Respondent within 45 days of Petitioner's application, and he as 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, particularly since the cost of living has increased. Petitioner Torres' monthly household income is $847.60. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner'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 21st 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 21st day of May, 1981. COPIES FURNISHED: Mr. Fernando Torres 2224 Lime Tree Drive Edgewater, Florida 32032 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
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 Petitioner's eligibility to receive low income energy assistance payment. This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel. He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.
Findings Of Fact On March 23, 1982, Petitioner, Arthur R. Koehler, filed an application for low income home energy assistance with the Respondent Department of Health and Rehabilitative Services, District VI at Tampa, Florida. His application reflected that he is 82 years old and lives alone in Tampa, Florida. The application showed his income as consisting of a monthly Social Security payment of $350.50. However, information received from the Social Security Administration confirmed that the gross income of Petitioner's monthly Social Security benefit was $388.70. (Testimony of Petitioner, Sugarman, Petitioner's Exhibit 1, Respondent's Exhibit 1) On April 30, 1982, Respondent sent Petitioner a Notice of Denial form indicating that such denial was predicated on the fact that his income exceeded the monthly income limit for his household size, pursuant to Chapter 409, Florida Statutes, and Rules 10C-29.05, 09, and 13, Florida Administrative Code. Rule 10C-29.l3 provides that the monthly income limit for a one- person household is $359.00 per month. (Testimony of Petitioner, Sugarman, Respondent's Exhibit 2) During the last year, Petitioner has incurred over $1,000.00 in medical bills resulting from a hernia operation, and anticipates the need for household repairs in the approximate amount of $1,500.00 to $2,000.00. He therefore feels that these matters should be taken into consideration in determining his income for energy assistance payments. However, according to Respondent's officials, there is no authorization for exclusion of income for such expenses in determining eligibility for energy assistance. (Testimony of Sugarman, Petitioner)
Recommendation That a final order be issued by the Department of Health and Rehabilitative Services denying the application of Petitioner, Arthur R. Koehler, for low income home energy assistance. DONE and ENTERED this 30th day of August, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 30th day of August, 1982. COPIES FURNISHED: Arthur R. Koehler 6824 South Trask Street Tampa, Florida 33616 Janice Sorter, Esquire District VI Assistant Legal Counsel Department of Health and Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
The Issue The matters presented concern the question of the entitlement of Petitioner to be granted low income home energy assistance.
Findings Of Fact Petitioner Barbara J. Eubanks resided at 1422 Madison Street, Palatka, Florida, from the middle of 1982 through the initial part of 1983. While residing at that address, Eubanks made application for low income energy assistance to heat her home. In particular, she applied for assistance related to natural gas. She made this application by appearing at an office staffed by Respondent. She utilized a form, namely, HRS-ES Form 1036-October 82. This form was provided by Respondent and is entitled Household Application for Home Energy Assistance. Question No. 8 on that form relates to the income of Petitioner, to include acknowledgment of income received from AFTC or SSI. That form does not by its terms indicate that income information must be documented through an official document, paper or photo copy for purposes of records of the Respondent, nor does it indicate that the application form related to income must be verified by actions of Respondent in checking departmental records or through telephone calls or personal contact with the source of the income or official of a living facility. Neither does the application form alert the applicant to the fact that the Respondent may request additional information related to verification of income by mailing out a separate request to the applicant with the expectation that the applicant shall respond to the request for additional information within no less than ten working days. Finally, Petitioner was not presented with a copy of Rule 10C-29.11, Florida Administrative Code, which deals with the verification and documentation process, to include the discussion of how documentation and verification is obtained by the Department. Consequently, Petitioner was unaware of the necessity for documentation or verification of her income information. Petitioner's Exhibit No. 1 admitted into evidence is a copy of the application submitted on November 26, 1982. Following a review of the application, Respondent determined that sufficient verification of income had not been provided to the agency. This decision was reached notwithstanding the fact that the application form did not explain the necessity for verification of income. After the determination, a Form HRS-ES 2650 was mailed to the address given by the applicant in her application document, requesting her to verify information related to her income. This request was sent out on December 13, 1983, and it instructed Petitioner to comply with the request for information on or before December 28, 1982. A copy of this form may be found as Respondent's Exhibit No. 1 admitted into evidence. The form was sent by ordinary mail and was not returned to the Respondent. At the time of its transmittal, Petitioner was a permanent resident at the 1422 Madison Street address; however, due to an illness she was living with her sister at another address in Palatka, Florida. It was Petitioner's expectation that any mail which she received at the Madison Street address would be forwarded to her by her stepmother. Petitioner did not receive the request for additional information in spite of the efforts by Respondent to transmit it to her and the efforts by Petitioner to receive her mail. During the course of her illness in November and December of 1982, she did not advise Respondent that she would be living at another address part-time. When Respondent failed to hear from Petitioner on the question of additional information related to income verification, it dispatched a Notice of Denial of Assistance on February 4, 1983. A copy of that notice of denial may be found as Petitioner's Exhibit No. 2 admitted into evidence. That notice advised the Petitioner that she had been denied her request for assistance for failing to provide information requested by offering a written response. Prior to the date of the notice of denial, Petitioner had not complied with the request for income information, being unmindful of that request. (In the year 1982, the Petitioner worked for approximately four weeks in the capacity of a laborer, in particular a field worker at $3.65 an hour wages.) Petitioner did receive notification of denial at her Madison Street address and in keeping with the opportunity expressed in that notification requested an administrative hearing to consider her entitlement to be granted the assistance. That request for administrative hearing was made on February 10, 1983. The matter was transmitted to the Division of Administrative Hearings on March 10, 1983, and a final hearing was scheduled for May 19, 1983. That hearing was not held because of the non-attendance of the Petitioner due to her incarceration. The hearing was subsequently rescheduled to be heard on August 31, 1983, after making arrangements to have Petitioner produced at the hearing by the Putnam County Sheriff's Office. The hearing was held on that date. At the time of hearing, the Respondent had been incarcerated for a period of approximately four months and is subject to release in November 1983. Upon her release, it is unknown where the Petitioner will reside.
Findings Of Fact Adele Conover is a veteran's widow whose regular income consists of a widow's pension of $277 per month and food stamps. She owns her home and is the sole member of her household. On March 19, 1982 Petitioner submitted an application for benefits under the low-income home energy assistance program. She listed her income as $277 from the veteran's widow's pension. In March 1982 Petitioner was given a part-time job by the Department of Health and Rehabilitative Services as a clerk typist at an hourly rate of pay of $3.58. (Exhibit 1) Pay for the work performed at HRS in March was received by Petitioner on April 1, 1982. Respondent's denial of Petitioner's application for low-income home energy assistance benefits was based upon the salary earned by Petitioner while working for HRS in March 1982. The salary, when added to her unearned income of $277, exceeded the $359 per month income limit for eligibility for low-income energy assistance for single member households.
Findings Of Fact On April 21, 1982, Petitioner, Darnell Hunter, filed an application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. The application was completed and signed by Jodi Fischer, a social worker with the Broward Center for the Blind. The application was accompanied by a letter from Fischer which explained that Hunter was in the hospital undergoing surgery and had given his permission for Fischer to sign the application on his behalf. The application was received at Respondent's Fort Lauderdale District Office on April 23, 1982, which was the last day for filing applications under the program. Based upon a review of the application, it was denied by letter dated May 25, 1982, on the ground Hunter "did not sign and date the application (himself)." Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision. Petitioner died on August 30, 1982, which was the day prior to the final hearing. When the application was filed, Petitioner resided alone in his household. The total countable monthly income far the household during April, 1982, was $344. This amount was less than the monthly income limitation of $359 for households having one person. Therefore, Hunter was otherwise eligible for assistance based upon his April income. Under normal procedure, the Department has a representative visit an applicant whenever an application is incomplete, or does not contain the signature of the applicant because Respondent did not discover that Fischer had signed the application on behalf of Hunter until after the time for filing applications had expired, it did not avail itself of this procedure. It construed the application as being unacceptable from the date of filing, and contends that no remedy exists under the circumstances to cure the defect.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Darnell Hunter for energy assistance be DENIED. DONE and ENTERED this 7th day of September, 1982. 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 7th day of September, 1982. COPIES FURNISHED: Ms. Jodi Fischer Hearings Broward Center for the Blind 650 North Andrews Avenue Fort Lauderdale, Florida 33311 Ms. Nancy Tango Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301
