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
Findings Of Fact Petitioners Mr. and Mrs. John Wallace Beck requested a hearing by a letter received in the office of Respondent on March 12, 1981. After the required informal hearing with a supervisor in Respondent Department Petitioners requested a formal hearing. On January 29, 1981 Mr. Beck, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps or other subsidies, or is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with his wife and receives a bill for use of electricity for heating. By Notice of Application Denial mailed March 3, 1981 Petitioners were informed that they were denied assistance for the reason that their monthly income exceeded the maximum income for a household of their size. Action was taken by Respondent within 45 days of Petitioners application, and they were promptly notified of the reason for denial of benefits. Petitioners did not dispute the evidence presented by Respondent Department but were convinced the income limit by household size was unfair. Mr. Beck said he felt the federal government misled people by advertising that there was money available and even extending the deadline to apply but that when need was demonstrated no funds for heating were granted him. He has applied for no other form of public aid. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioners' income exceeds the income limit of $418.00 for a household of two (2) people.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioners. 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. and Mrs. John Wallace Beck 202 Portage Path Road Dade City, Florida 33525 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
Findings Of Fact On March 12, 1982, Petitioner, Floyd Brewington, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. After review of the application, it was ultimately denied by Respondent on April 2, 1982, on the ground Brewington had an excessive monthly income. Petitioner resides alone in his household. His total countable monthly income is $413, which is paid by the Veterans Administration. This amount exceeds the monthly income limitation of $359 for households having one person. Therefore, Brewington was ineligible for assistance. Applicant did not dispute the Department determination that his total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, he contended that because of high utility bills, and other recurring costs, he is in need of assistance to meet his financial burdens.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Floyd B. Brewington for energy assistance be DENIED. DONE and ENTERED this 19th day of May, 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 19th day of May, 1982. COPIES FURNISHED: Mr. Floyd B. Brewington Post Office Box 1226 Tampa, Florida 33601 Janice Sortor, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
Findings Of Fact The Petitioner is fully eligible to receive benefits under the Low Income Energy Assistance Program. The only issue is as to the amount of benefits she is entitled to receive. On her application, the Petitioner stated that she had been receiving a twenty-dollar stipend from the Federal Department of Housing and Urban Development to assist her with her utilities payment. After December, 1980, the Petitioner ceased receiving the stipend, and since that date she has not received it. She receives no other assistance on her utility bills. The Petitioner has outstanding electric utility bills of over $500.00. She is no able to pay this bill, and her electricity has been off for approximately two months. The Petitioner's total income is $175.00 per month which she receives as an AFDC Payment.
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
Findings Of Fact Petitioner Jessie Gallon 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 28, 1981 Gallon, 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 in a house with one other person and receives a bill for use of kerosene for heating. She does not get food stamps, and her gross monthly income consists of payments in excess of $420.00 per month. By Notice of Application Denial mailed February 17, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded 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 and stated other people much better off than she get a variety of assistance and she cannot even get five (5) gallons of kerosene for heat, and she feels that the system is unfair. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Respondent's Exhibits 1 and 2 were entered into evidence. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Gallon's household income 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 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: Ms. Jessie Gallon 1304 Pearce Street Jacksonville, Florida 32209 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On March 11, 1982, Petitioner, Eva Cox, 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 letter dated March 23, 1982, on the ground Cox had an excessive monthly income. A subsequent oral explanation as to the reason for the denial was given Petitioner on May 11, 1982. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner resides in her household with one other person. The total countable monthly income for the household is $548. This amount exceeds the monthly income limitation of $474 for households having two persons. Therefore, Cox was ineligible for assistance. Applicant did not dispute the Department's determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that because of a recent heart attack which has limited her ability to work, she is in need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Eva Cox for energy assistance be DENIED. DONE and ENTERED this 2nd 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 2nd day of July, 1982. COPIES FURNISHED: Ms. Eva Cox 1601 East Alabama Street, Apt. 114 Plant City, Florida 33566 Amelia Park, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
Findings Of Fact On July 17, 1981, Petitioner, Epharim Perry, 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 Madison County, Florida, which is a part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. Although the application required that applicant furnish a Medical Certification for Cooling Form, he failed to do so. On July 28, 1981, the Department requested the claimant furnish the omitted information in order to complete his application. Because he failed to comply with this request, the application was ultimately denied on August 28, 1981. Applicant is the only member of his household. His total monthly countable income is 8258 which falls within acceptable income limitations prescribed by the Department. Except for the omitted Form, applicant was otherwise qualified to receive $143 in cooling assistance benefits.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Epharim Perry, be DENIED. DONE and ENTERED this 28th 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 28th day of October, 1981. COPIES FURNISHED: Mr. Epharim Perry Hill Top Apartments, #1003 Madison, Florida 32340 John L. Pearce, Esquire 2639 North Monroe Street - Suite 200A Tallahassee, Florida 32303
Findings Of Fact By application dated April 5, 1982, Petitioner, Carolyn W. Albury, sought financial assistance under the Low Income Energy Assistance Program from Respondent, Department of Health and Rehabilitative Services. The application was received by Respondent on April 15, 1982. By Notice dated May 10, 1982, Respondent requested Petitioner to furnish a form verifying the income reflected on her application no later than May 24, 1982. On May 20, 1982, Petitioner filed HRS Form 112 indicating that her employer, Dade County School Board, would not supply that information. Instead, she later submitted a pay stub for a two week pay-period in May, 1982, reflecting bi-weekly income of $493. The application was ultimately denied by notice dated June 1, 1982, on the ground Albury had not furnished verification of income for the month of April, 1982 and because such verification had not been timely filed in accordance with the instructions in the notice of May 10. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner's application states she resides in her household with two other persons. However, her daughter resides the majority of time in a college dormitory and cannot be included as a member of the household. The total countable monthly income for the household is approximately $1,070. After deducting a 20 percent allowance given to applicants who are employed, the income still exceeds the monthly income limitation of $474 for households having two persons. Therefore, Albury was ineligible for assistance. Applicant did not dispute the Department's determination that their total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that HRS instructions were unclear as to the type of income verification required, and had she been told to furnish pay stubs for the month of April, she would have done so. She also stated that she must use an air-conditioner and respiratory equipment at her home because of asthma and emphysema, and is in need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Carolyn W. Albury 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. Carolyn W. Albury 1265 North West 86th Street Miami, Florida 33147 Leonard Helfand, Esquire Department of HRS 401 North West 2nd Avenue, Suite 1040 Miami, Florida 33128
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, Florida Administrative Code, amended by Rule 10 CER 81-4.08 through 4.11.
Findings Of Fact Petitioner Willie Williams requested a hearing by a letter received in the office of Respondent on March 4, 1981. After having an informal conference with a supervisor in Respondent Department, Petitioner requested a formal hearing. On January 26, 1981 Williams, a black male, filed a household application for low income energy assistance. No one in his household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives alone in a house and received a bill for use of kerosene for heating. He receives food stamps, and his gross monthly income consists of $348.98 social security payments and $10.32 insurance payments. By Notice of Application Denial mailed February 19, 1981 Petitioner was informed that he was denied assistance for the reason that his adjusted monthly income exceeded the maximum income limit for a household of his size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size and stated that he was ill and had much difficulty meeting his payments and needed assistance. The 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 Williams' household exceeds the income limit of $316.00 for a household of one person. Action was taken by Respondent within 45 days of Petitioner's application, and he 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 1st 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 1st day of April, 1981. (904) 488-9675 COPIES FURNISHED: Mr. Willie Williams 101 West 19th Street Jacksonville, Florida 32208 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
