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
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 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Gregg Hilbert requested a hearing on February 24, 1981, and an informal conference with a supervisor in Respondent Department was held. On January 24, 1981 Hilbert, a white 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 lived with four (4) other persons and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 20, 1981 Petitioner was informed that he was denied assistance for the reason that he failed to furnish specified information as to the size of his household. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not include on his application a person living in his household during the month he applied for benefits, and he also failed to furnish verification of his income within the specified deadline of ten (10) working days. He failed to appear at the hearing although he had 14 days notice of the hearing and telephone notice from Respondent.
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 24th 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 24th day of April, 1981. COPIES FURNISHED: Mr. Gregg Hilbert 169 West King Street 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 Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Frank Selecky requested a hearing by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 8, 1981 Selecky, a white 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 liquid propane 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. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the in come limit by household size was unfair, especially since he has no kidneys, is on dialysis, has large medical and automobile fuel bills and is sixty-nine (69) years old. He has had difficulty in collecting his insurance reimbursement. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Selecky'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 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. Frank Selecky Route 2, Box 985 Webster, Florida 33597 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 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
The Issue Whether Petitioner was provided an opportunity to make a written application 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, Florida Administrative Code.
Findings Of Fact Petitioner Callie Robinson requested a hearing through her attorney by a letter received in the office of the Respondent on April 24, 1981. After several informal conferences with a supervisor in Respondent Department and the Assistant District Counsel Petitioner requested a formal hearing. Petitioner is a black female who lives with her three (3) children in a rented home. She receives a bill for use of propane gas for heating. She is not employed, and her gross income is through the Aid to Families with Dependent Children program and other public welfare agencies. Petitioner did not dispute the evidence presented by Respondent that she never completed or signed an official Low income Energy Assistance Program application for benefits or that he was given an official application form complete with filing instructions and an official brochure explaining the application and eligibility requirements of the state administered program. Petitioner completed the eleventh (11th) grade in school and can read. Petitioner understood from an inquiry to an employee of Respondent Department employed as a caseworker in the d to Families with Dependent Children Program that she would automatically qualify for the Low Income Energy Assistance Program. he caseworker with whom Petitioner spoke had referred her to the Low Income Energy Assistance Program in the same building because he caseworker's primary concern was clients' eligibility for the Aid to Families with Dependent Children Program. Petitioner mistakenly believed she did not have to fill out the application or low income energy assistance benefits inasmuch as she qualified or aid to families with dependent children. Petitioner called as her witness a friend who had completed her own application for benefits and at the time was encouraging others to file for benefits by handing out application blanks and brochures explaining the program. The witness gave an application and brochure to Petitioner who casually laid them aside and did not read them, believing it was unnecessary. From observing the demeanor of the parties and the witnesses the Hearing Officer finds ttot Petitioner Robinson mistakenly believed that because of her eligiblility for the Aid to Families with Dependent Children benefits she would automatically qualify for and be granted benefits under the Low Income Energy Assistance Program. She failed to listen attentively to the Respondent's caseworker and did not report to the office which took written applications for low income energy assistance benefits. She further failed to listen to her friend and witness who had herself reported to said office made written application and had distributed an application form and brochure to Petitioner. Petitioner failed to read the information furnished to her which would have informed her that she must fill out and submit a written application for Low Income Energy Assistance Program benefits.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy enefits be denied Petitioner. DONE and ORDERED this 2nd day of June, 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 2nd day of June, 1981. COPIES FURNISHED: R. A. Culbertson, Esquire Greater Orlando Area Legal Services, Inc. Osceola County 1200 Central Avenue, Suite 110 Kissimmee, Florida 32741 Sam Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 Alvin J. Taylor, Secretary Attn: Susan E. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On June 20, 1981, Petitioner, Laverne A. Nolte, 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 Dade County, Florida, which is a part of the South Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. Respondent reviewed Petitioner's application, and because she receives government assistance for electricity in the private housing project where she resides, determined that Petitioner lives in a household that is partially vulnerable to the rising cost of cooling energy. This means a governmental entity is partially responsible for paying a portion of her energy bill. According to Department regulations, Nolte was entitled to only $75 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 $238 which falls within acceptable income limitations prescribed by the Department. Except for living in a partially vulnerable household, Nolte was otherwise qualified to receive $290 in total cooling assistance benefits. Petitioner acknowledged that when her application was filed, she received $12 per month in governmental assistance to offset in part her electric bill. This was subsequently increased to $25 per month in July, 1981. However, she contends this aid is minimal in relation to her actual utility bill, and that it is unfair to cut her cooling assistance benefits to $75 for receiving such a small amount of aid.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the request of Petitioner, Laverne A. Nolte, for additional cooling assistance be DENIED. DONE AND ENTERED this 29th day of January, 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 January, 1982. COPIES FURNISHED: Laverne A. Nolte 1301 Northwest Seventh Street, #212 Miami, Florida 33125 Leonard Helfand, Esquire Suite 1040 401 Northwest Second Avenue Miami, Florida 33128
Findings Of Fact Laura M. Davis lives in a low income government supported housing project in Tallahassee, Florida. Her rental payment is a fixed sum determined by her monthly gross income. This rent also includes utility costs. She 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 a 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.
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 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
The Issue Whether Petitioner is eligible for additional low income energy assistance under 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 David Harvey requested a hearing on April 8, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Harvey, a black 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 applied for the low income energy assistance. He lives alone in Jacksonville, Florida, has an income of $286.50 each month and receives a bill for the use of kerosene for heating purposes. Petitioner was issued a check in he amount of $200.00 to assist him in paying his heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly paid low income energy assistance Petitioner did not dispute the evidence presented by Respondent, the facts of his residence or income, or the type of fuel used but stated that kerosene was expensive and his primary source of heat. He had expected greater benefits since is bill was large and he is crippled and old. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting our (4) climatic regions and a chart for determining the amount of low income energy assistance heating payments for each of the our (4) regions based on monthly income of the applicant and the type of fuel used for fully vulnerable and partially vulnerable Households. The amount of $200.00 was the correct amount accordance to the chart under the facts provided by Petitioner.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered approving the amount of Low Income Energy Assistance Program benefits allocated to Petitioner David Harvey. DONE and ORDERED this 11th day of June, 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 11th day of June, 1981. COPIES FURNISHED: Mr. David Harvey 3138 Bridier Street Jacksonville, Florida 32206 Leo J. Stellwagen, Esquire Department of HRS 920 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
