Findings Of Fact On June 1, 1981, Petitioner, Daisy S. McArthur, 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 requires that applicant furnish a Medical Certification for Cooling Form. Although she complied with this requirement, the form submitted stated that McArthur had no medical conditions that could be considered "life-threatening" without a controlled temperature. Accordingly, Respondent denied the application on July 10, 1981. The denial precipitated the instant proceeding. Applicant is the only member of her household. Her total monthly countable income is $259.00 which falls within acceptable income limitations prescribed by the Department. Except for the omitted form, McArthur was otherwise qualified to receive $143 in cooling assistance benefits. Petitioner agreed that her medical certificate did not verify the existence of a "life-threatening" medical condition that required a controlled temperature. She blamed this deficiency on her doctor and testified that she did indeed require air conditioning to alleviate her various ailments.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Daisy S. McArthur 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: Daisy S. McArthur 1351 West Lloyd Pensacola, Florida 32501 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
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.
The Issue Whether Petitioner should have been considered for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Administrative Code.
Findings Of Fact Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.
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 5th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 200 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1981. COPIES FURNISHED: Ms. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063 Leo J. Stellwagen, 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 The parties stipulated that the sole basis for denial of Petitioner's application for benefits was that his income for the month in which he applied exceeded the maximum income limit for a two-person household. The sole issue is whether the Petitioner was within the maximum income limit.
Findings Of Fact Clyde Britt applied for Low Income Energy Assistance Program benefits in July, 1981. The Department of Health and Rehabilitative Services denied Britt's application solely because Britt's income in July, the month he applied, was $419 and exceeded the maximum income limit of $418 for a two-person household. In the month of June, 1981, Britt received $394.50 and would have qualified had he applied in that month. The increase in Britt's income was due to the automatic cost of living allowance which was paid in July.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and having considered the post-hearing letter from Petitioner Britt, the Hearing Officer recommends that Low Income Energy Assistance Program benefits be denied Petitioner. 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. Clyde Britt 5307 North East Second Avenue, Apt. P-1220 Miami, Florida 33138 Leonard Helfand, Esquire Department of HRS Room 104, 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 406 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 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 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 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 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
