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
Findings Of Fact On June 3, 1981, Petitioner, Ethel Tatum, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Highlands County, Florida, which is part of Abe Central Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. After reviewing the application, Respondent requested applicant to furnish "....verification of (her) earned income..." on July 14, 1981, in order to complete processing of the application. In response to this request, a representative of the Agriculture and Labor Program, Inc. sent copies of Mr. & Mrs. Tatum's check stubs for June, 1980 through May, 1981, to verify the household's monthly income. The application was ultimately denied by Respondent on August 24, 1981, on the ground Petitioner had failed to furnish verification of her income as required by Department rule. When the application was filed, petitioner and two other persons lived in her household. She disclosed that her total countable monthly income for June, 1981, was 558, which exceeds the $519 income limitation for households having three persons. Accordingly, even though the Department based its action on lack of verification of income, Petitioner was ineligible for assistance because she exceeded the income limitations prescribed by Department rule.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Ethel M. Tatum for cooling assistance be DENIED. DONE and ENTERED this 8th day of February, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearing this 8th day of February, 1982. COPIES FURNISHED: Ethel M. Tatum 1416 South Carolina Drive Avon Park, Florida 33825 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Fort Myers, Florida 33907 Ms. Ollie Mae Hawkins Agricultural & Labor Program, Inc. 1650 Highlands Avenue Avon Park, Florida 33825
Findings Of Fact On July 15, 1981, Petitioner, Ollie Bradley, 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 Bradley had an excessive monthly income. Petitioner and her daughter reside in her household. Their total countable monthly income for July, 1981, was $430, which exceeds the monthly income limitation of $418 for households having two persons. Except for her level of income Bradley was otherwise eligible to receive cooling assistance. Applicant did not dispute the Department determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she desires the assistance because she is blind, and in need of additional income to offset her high medical bills and other financial burdens.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Ollie Bradley 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: Ollie Bradley 60 Susan Street Milton, Florida 32570 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
Findings Of Fact On July 15, 1981, Petitioner, Mary E. Hopkins, filed a household application for cooling assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Petitioner resides in Escambia County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on September 7, 1981, on the ground she had excessive income. Petitioner is the only member of her household. She receives a total countable monthly income of $317.10, which exceeds the monthly income limitation of $316 for households having only one person. Hopkins is in need of cooling due to the existence of a medical condition (respiratory) which requires a controlled condition to prevent adverse effects which would be life-threatening. Except for her level of income, she was otherwise qualified to receive assistance. Applicant did not dispute the fact that her income is in excess of the income limitations prescribed by Department rule. However, she urged that an exception be made in her case because of her genuine need for cooling assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Mary E. Hopkins for cooling assistance be DENIED. DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 1981. COPIES FURNISHED: Mary E. Hopkins 8316 Binkley Street Pensacola, Florida 32504 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
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
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Fannie L. Raulerson, be GRANTED and she he given cooling assistance benefits of $143 in accordance with Department rules. DONE and ENTERED this 12th day of October, 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 12th day of October, 1981.
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 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 The Department of Health and Rehabilitative Services ("Respondent") is the government agency responsible for administering the Low Income Energy Assistance Program in the State of Florida. The Respondent adopted Rule 10 CER 80-11, Florida Administrative Code, and amended it to extend the time limit for filing applications for benefits. Petitioner made application for benefits as a building operator. The parties' Joint Exhibit #4 accurately reflects the financial status of the Petitioner as of the date of the data's submission to the Respondent. Joint Exhibit #4 was received in evidence. Respondent denied the Petitioner's application by its letter of March 24, 1981, upon a finding that the building project was fully compensated pursuant to Rule 10 CER 80-11.10(2), Florida Administrative Code. Denial was specifically based upon inclusion of the Petitioner's reserves fund in the computation of the project's compensation. Petitioner had operating capital and cash reserves in excess of its operating expenses. These cash reserves were maintained pursuant to federal rules governing public housing and were, at the time of Petitioner's application, below the requirements set by rule.
Recommendation The Hearing Officer recommends disapproval of the Petitioner's application for Low Income Energy Assistance Program benefits for failure to meet the requirements of Rule 10 CER 80-11.10(2), Florida Administrative Code, because Petitioner's cash reserves plus operating revenues exceed its operating expenses and therefore its project was fully compensated. DONE and ORDERED this 24th day of May, 1982, 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 24th day of May, 1982. COPIES FURNISHED: Dianne S. Smith, Esquire Assistant County Attorney Metropolitan Dade County 1626 Dade County Courthouse 73 West Flagler Street Miami, Florida 33130 Leonard Helfand, Esquire Department of HRS Room 1040, Ruth Rhode Building 401 Northwest Second Avenue Miami, Florida 33128 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 On June 20, 1981, Petitioner, Lawrence Beck, 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 Alachua County, Florida, which is a part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. Respondent reviewed Petitioner's application, and because he lives in government subsidized housing, determined that Petitioner lives in a household that is partially vulnerable to the rising cost of cooling energy. This means a govermental entity is partially responsible for paying a portion of his energy bill. According to Department regulations, Beck was entitled to only $37 in energy assistance, and a check was issued to him for that amount. Applicant and his wife are the only members of his household. His total monthly countable income is $277 which falls within acceptable income limitations prescribed by the Department. Except for living in a partially vulnerable household, Beck was otherwise qualified to receive $143 in cooling assistance benefits. Respondent failed to contact the governmental authority when it processed Beck's application to determine whether it actually paid a portion of his utility bill. Beck denied that he received such assistance, but by agreement of the parties, the record was left open to enable Respondent to verify its earlier determination. A subsequent inquiry by the Department revealed that Petitioner's monthly rent is reduced to offset the cost of utilities. Accordingly, Beck resides within a household that is partially vulnerable to the rising cost of cooling energy, and he is not entitled to additional benefits.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the request of Petitioner, Lawrence Beck, for additional cooling assistance be DENIED. DONE and ENTERED this 18th day of November, 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 18th day of November, 1981. COPIES FURNISHED: Mr. Lawrence Beck 7401 West University Avenue, #F3 Gainesville, Florida 32601 Joseph E. Hodges, Esquire 2002 N.W. 13th Street - 4th Floor Gainesville, Florida 32601
