Findings Of Fact On July 17, 1981, Petitioner, Lora Henderson, 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 purpose of determining the level of assistance to be given claimants. Although the application required that applicant furnish a Medical Certification for Cooling Form, she initially failed to do so. On the same date, the Department requested the claimant furnish the omitted information no later than July 30, 1981, in order to void denial of the application. Because the Department's records indicated she did not meet the July 30 deadline, her application was denied on August 24, 1981. Applicant's household includes herself and one other person. Their total monthly countable income in July, 1981, was $265.87 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. Petitioner visited the office of Dr. Rufus Thames in Milton on the afternoon of July 29, 1981, to obtain the necessary certification on the medical form. Her visit was confirmed by a copy of the patient's medical records introduced as Petitioner's Exhibit 1. Henderson then claimed she carried the form that same afternoon in the presence of her daughter to Ken Horton, a Department caseworker employed on a temporary basis at its Milton office. Horton's position was eliminated on July 31, 1981, and he is no longer employed by the Department. He was not present at the final hearing to either confirm or deny Henderson's claim. If indeed the form was actually filed, it was done so on a timely basis; however, it was either lost or misplaced and never reached Henderson's permanent file. There was no testimony concerning the findings of the doctor relative to any "life-threatening" medical conditions that Henderson might have. After Henderson's file was transmitted from Milton to Pensacola, a review of the application indicated that it contained no medical form. For that reason, the application was denied. Respondent could neither confirm or deny Petitioner's purported filing of the form. Although the Department processed approximately 3,500 similar applications in a four-county area, including 300 in Milton alone, its Energy Program Specialist recalled only one of those being temporarily misplaced, and no documents being lost.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner, Lora Henderson, be given thirty days from date of this order to file a Form 137 with a designated Department employee at its Milton office. If such form indicates eligibility, her application should be granted and she be given $143 in cooling assistance benefits; otherwise the application should be denied. DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Department of Administration Division of Administrative Hearings 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: Mark K. Haydu, Esquire Post Office Box 1551 Pensacola, Florida 32597 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522 Mrs. Lora Henderson Post Office Box 51 Bagdad, Florida 32530
Findings Of Fact Petitioner Charlotte Herald requested a hearing by a letter received in the office of Respondent on February 16, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 22, 1981 Herald, a white 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 alone and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 12, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department but thought it was unfair to consider the amount deducted for Medicare as income. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Herald's 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 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: Mrs. Charlotte Herald 406 Malverne Street Inverness, Florida 32650 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On July 17, 1981, Petitioner, Sharron K. Goodman, 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 Marion 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, she failed to do so. On July 21, 1981, the Department requested the claimant furnish the omitted information in order to complete her application. Because she failed to comply with this request, the application was ultimately denied. Applicant's household includes herself and her three children. She receives no monthly income except for a food stamp allowance. Except for the omitted form, applicant was otherwise qualified to receive $182 in cooling assistance benefits. Because she has no transportation, Petitioner was unable to secure a completed Medical Certification for Cooling Form on a timely basis although she attempted to do so on several occasions. She did obtain the necessary form around the first of August when she received medical treatment in Gainesville, Florida. The form establishes that applicant is in need of cooling assistance due to the existence of a chronic medical condition which requires a controlled temperature to prevent adverse effects which would be life-threatening.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Sharron K. Goodman, be GRANTED. DONE and ENTERED this 16th 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 16th day of November, 1981. COPIES FURNISHED: Ms. Sharron K. Goodman Route 2, Box 749-P Silver Springs, Florida 32688 Joseph E. Hodges 2002 N.W. 13th Street, 4th Floor Gainesville, Florida 32601
Findings Of Fact On July 16, 1981, Petitioner, Fay Ola Hartley, 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 Columbia County, Florida, which is 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 she lives in housing that is subsidized by the Columbia County Housing Authority (CCHA), determined that Petitioner lives in a household that is partially vulnerable to the rising cost of cooling energy. This means the governmental entity is partially responsible for paying a portion of her energy bill. According to Department regulations, Petitioner was entitled to only $40 in energy assistance, and a check was issued to her for that amount. Applicant is the only member of her household. Her total monthly countable income is $262.70 which falls within acceptable income limitations prescribed by the Department. Except for living in a partially vulnerable household, Hartley was otherwise qualified to receive $143 in cooling assistance benefits. Respondent failed to contact the CCHA when it processed Hartley's application to determine whether it actually paid a portion of her utility bill. Hartley could neither confirm or deny that CCHA provided such assistance. By agreement of the parties, the record was left open to enable Respondent to verify its earlier determination. A subsequent inquiry by Respondent revealed that Hartley lives in a household fully vulnerable to the rising cost of cooling energy and is eligible for $103 in additional cooling assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner, Fay Ola Hartley, be given $103 in additional cooling assistance in accordance with Department regulations. 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: Mrs. Fay Ola Hartley 2794 East Duval, Trailer 11 Lake City, Florida 32055 Joseph E. Hodges, Esquire Department of HRS 2002 N.W. 13th Street - 4th Floor Gainesville, Florida 32601
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 81.40.8 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Judith Winthrop requested a hearing through a letter received in the office of Respondent on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 26, 1981 Winthrop, a white female, filed a Household Application for low income energy assistance. No one in her household is a migrant or a migrant farm worker, and no one else has applied for the low income energy assistance. She lives with one other person and receives a bill for use of fuel oil for heating. By Notice of Application Denial mailed February 2, 1981 Petitioner was informed that she was denied assistance for the reason that her household 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 wanted a hearing to explain her critical physical condition and the costs of her care. She hoped that a special dispensation could be made because of her dire circumstances. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Winthrop's household income of $450.00 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 20th 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 on this 20th day of April, 1981. COPIES FURNISHED: Ms. Judith Winthrop c/o Mr. John Simon 162 Nautilus Road 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 1323 Winewood Boulevard Building One, Room 406 Tallahassee, Florida 32301
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
Findings Of Fact Petitioners mailed their application on July 22, 1981, and it was postmarked and received by the Department of Health and Rehabilitative Services on July 24, 1981. The final date for application established by rule was July 17, 1981. The Department did provide applications to approximately 200 to 300 persons who called prior to the implementation of the program and requested they be sent applications if the program were implemented. This was in accordance with Departmental policy. This policy was based upon the assumption that many of the applicants for this program would be shut-ins because of the medical necessity requirements for applicants.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend rejection of the Petitioners' application; however, the Petitioners' names should be retained at the Department district, and should future programs of a similar nature be implemented they should receive written notice of such programs. DONE and ORDERED this 21st day of September, 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 21st day of September, 1981. COPIES FURNISHED: MR. AND MRS. MANUEL LEWIS 17600 NORTHWEST FIFTH AVENUE, #901 MIAMI, FLORIDA 33169 LEONARD HELFAND, ESQUIRE DEPARTMENT OF HRS ROOM 1040, RHODE BUILDING 401 NORTHWEST 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 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES MR. and MRS. MANUEL LEWIS, Petitioners, vs. CASE NO. 81-2045L DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent. /
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
Findings Of Fact At all times here relevant Bettye Jean Jenkins lived in a government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by the family's monthly gross income. This rent also includes utility costs. Petitioner was advised that she was eligible for Low Income Energy Assistance payments by employees of Respondent since she had a certification by a doctor that, for health reasons, she should live in an air conditioned space. Petitioner does not have air conditioning. After completing her application, which was initially approved, Petitioner was subsequently advised by Respondent that because she did not have air conditioning and pay additional costs for electricity she was not eligible for Low Income Energy Assistance for cooling. Emergency Rule 10 CER 81-8, issued by the Department of Health and Welfare from whom the Low Income Energy Assistance funds come, provides: A household is not eligible when a government program is paying for the rising cost of cooling energy. This cost is paid by the housing project or facility where you live.
