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WILLIAM NUSSMAN vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 82-002206 (1982)
Division of Administrative Hearings, Florida Number: 82-002206 Latest Update: Nov. 18, 1982

Findings Of Fact On March 15, 1982,Petitioner completed an application for benefits pursuant to the Low-Income Income Energy Assistance Program. He claimed only himself as a member of his household and reported that his income consisted of a civil service annuity in the amount of $508.10 a month. His application was received by Respondent on March 17, 1982. On April 1, 1982, Petitioner's annuity increased to $554.10 per month. By form letter dated April 29, 1982, Respondent sent Petitioner an income verification form and advised Petitioner that he must provide Respondent with verification of his income by May 13, 1982. The form letter further stated that failure to timely verify income would result in denial of Petitioner's application. No verification of income was provided to Respondent by May 13. Respondent denied Petitioner's application for benefits on May 18, 1982.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED THAT: A final order be entered denying Petitioner's application for benefits under the Low-Income Home Energy Assistance Program. DONE and RECOMMENDED this 29th day of October, 1982, 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 29th day of October, 1982. COPIES FURNISHED: Mr. William Nussman 1619 Lenox Avenue, Apt. 21 Miami Beach, Florida 33139 Leonard Helfand, Esquire Department of HRS 401 North West Second Avenue Suite 1040 Miami, Florida 33128 David H. Pingree, Secretary Attn: Susan B. Kirkland Department of HRS Building One, Room 406 1317 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (2) 120.57409.508
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CHERYL GAYHEART vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 84-000736 (1984)
Division of Administrative Hearings, Florida Number: 84-000736 Latest Update: Aug. 02, 1984

Findings Of Fact The Petitioner, Cheryl Gayheart, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 18, 1983. After reviewing the application and determining that additional verification was needed, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 22, 1983, by United States Mail at the following address: 7 Sunnydale Street, Hudson, Florida 33568 The Petitioner did not receive the Department's letter requesting additional verification of income. The zip code used by the Petitioner on her application, as indicated above, was 33568. This was the wrong zip code for the area to which the Petitioner had recently moved. The correct zip code should have been 33567. On December 6, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 22, 1983. Prior to the deadline of the program, the Petitioner contracted the Department through the local food stamp office concerning her pending application for low income home energy assistance. At that time, she was told that she would hear from the Department concerning her application. The first notice she received from the Department was notice of the denial of her application. The Petitioner testified at hearing that she earned $3.70 per hour for eight hours four days per week at all times relative to her application. She and her two children receive food stamps, live in Zone 4, and constitute a family of three.

Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Petitioner contacted the Department prior to the deadline concerning her pending application and was not advised of the pending request for additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be reinstated. Further, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph seven of the Findings of Fact, supra. DONE AND RECOMMENDED this 1st day of June 1984 in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June 1984. COPIES FURNISHED: Ms. Cheryl Gayheart 7 Sunnydale Street Hudson, Florida 33568 Carol M. Wind, Esquire Department of Health and Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546 David M. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (2) 120.57409.508
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JAMES BURDETT vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-000540 (1981)
Division of Administrative Hearings, Florida Number: 81-000540 Latest Update: Jun. 01, 1981

The Issue Whether Petitioner is eligible for low income energy assistance as provided in 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 James Burdett requested a hearing on March 13, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the scheduled hearing. On January 19, 198 Burdett, a white male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, no one receives food stamps, and no one else has applied for the low income energy assistance. He lives with six (6) other persons and receives a bill for use of fuel oil. By Notice of Application Denial mailed February 4, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household 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. Respondent presented three (3) exhibits which showed that Petitioner had a house old income for the month of January in excess of $1,016.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burdett's household income exceeds the income limit of $926.00 for a household of seven (7) 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 13th 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 13th day of May, 1981. COPIES FURNISHED: Mr. James Burdett 425 Arricola Avenue St. Augustine, Florida 32004 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

Florida Laws (2) 120.57409.508
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MARGIE KNOWLES vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 84-000731 (1984)
Division of Administrative Hearings, Florida Number: 84-000731 Latest Update: Aug. 02, 1984

Findings Of Fact The Petitioner, Margie Knowles, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at is New Port Richey service center on November 2, 1983. After reviewing the application, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 3, 1983, by United States Mail at the following address: 7th Avenue, route 2, Box 3072, Hudson, Florida 33567. This request was made because there was a variance between what the Petitioner reported on her application and what was recorded on her food stamp application, although both amounts were well within the eligibility requirements of the program. The Petitioner explained the variance by reporting that in one week they had picked tomatoes for only two days. The Petitioner did not receive the Department's letter requesting additional verification of income. Petitioner receives her mail in the mailbox of the primary house on the lot where she has her trailer. On November 17, 1983, the Department denied the Petitioner's application and found her ineligible for participation in the Low Income Home Energy Assistance Program because it had not received a reply to its letter of November 3, 1983. The Petitioner testified at hearing that she earned a total of $174 and received $121 in AFDC during the period of eligibility determination. Petitioner is well within the eligibility amount. She and her two grandchildren receive food stamps, live in Zone 4, use propane gas to heat with, and constitute a family of three.

Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Department could have resolved the different income figures within its own records and personnel, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph six of the Findings of fact, supra. DONE AND RECOMMENDED this 1st day of June 1984 in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June 1984. COPIES FURNISHED: Ms. Margie Knowles Seventh Avenue Route 2, Box 3072 Hudson, Florida 33567 Carol M. Wind, Esquire Department of Health and Rehabilitative Services 2255 East Bay Drive Clearwater, Florida 33546 David M. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (2) 120.57409.508
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CHARLIE V. TOKARSKI AND HELEN H. TOKARSKI vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 85-001938 (1985)
Division of Administrative Hearings, Florida Number: 85-001938 Latest Update: Aug. 19, 1985

Findings Of Fact The Petitioner timely applied on November 30, 1984 for home energy assistance under the Low-Income Home Energy Assistance Program as authorized by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). Petitioners' only income was "unearned income" which was their monthly social security benefit payments which totalled $561.00. No monthly medicare premiums were deducted from Petitioners' monthly social security payments. The Respondent in calculating Petitioners' verified monthly income added a total of $29.20 back into Petitioners' total monthly income of $561.00 for an adjusted total verified monthly income of $590.20. On April 10, 1985 Respondent officially notified Petitioners that the monthly income of $590.20 exceeded the monthly income limit ($560.00) for their household. Respondent upon discovering that medicare premiums were not deducted from Petitioners' monthly social security payments readjusted Petitioners' total verified household income to $561.00. Petitioners agree that their verified monthly income during the month of application was $561.00. The monthly income limit for a household the size of Petitioners' as determined under Rule lOC-29.13, Florida Administrative Code is $560.00. Petitioners had no excludable income. Other than exceeding the monthly income limit of $560.00 for household the size of Petitioners', the Petitioners were eligible for assistance under the Low-Income Home Energy Assistance Program.

Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent enter Final Order denying the Petitioners' application for assistance under the Low-Income Home Energy Assistance Program. Respectfully submitted and entered this 19th of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 August, 1985. COPIES FURNISHED: Harold Braynon, Esq. HRS District Ten Legal Counsel 201 West Broward Boulevard Fort Lauderdale, FL 33301-1885 Charles V. and Helen Tokarski 6804 N.W. 29th Street, Lot 1, Block 32 Margate, FL 33063 Susan Kirkland, Esq. Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32301 David Pingree Secretary 1323 Winewood Boulevard Tallahassee, FL 32301 ================================================================ =

Florida Laws (2) 120.57409.508
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DOROTHY JAYCOX vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002319 (1981)
Division of Administrative Hearings, Florida Number: 81-002319 Latest Update: Oct. 23, 1981

The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.

Findings Of Fact Petitioner Dorothy Jaycox requested a hearing by letter dated September 4, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On July 8, 1981 Jaycox, a white female who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for a household of her size. The 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 net dispute the evidence presented by Respondent Department but felt that assistance should have been based on need, and that her treatment was unfair inasmuch as she was first notified that her application had been approved and that it was later disapproved because Respondent had erroneously determined that she was eligible for benefits. Jaycox's monthly household income during the month of her application was $334.00.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 9th day of October, 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 9th day of October, 1981. COPIES FURNISHED: Ms. Dorothy Jaycox 7517 North 40th Street, Apt. K-202 Tampa, Florida 33604 Janice Sorter, Esquire Department of HRS W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 409 1323 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (2) 120.57409.508
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KATHRYN A. ENTRESS vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 85-000975 (1985)
Division of Administrative Hearings, Florida Number: 85-000975 Latest Update: Aug. 21, 1985

Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings. On November 27, 1984, Petitioner filed an application for assistance and benefits under the Low Income Home Energy Assistance Program (LEAP). Her application was timely reviewed by Linda Peterson, an analyst with the Respondent who is involved with the processing of applications received under the LEAP program. (Respondent's Composite Exhibit 1) Petitioner's application revealed that she received $435 during the month of November 1984, the month of her application for benefits under the LEAP program. By written notice dated February 6, 1985, Petitioner was advised that her application for assistance under the LEAP program was denied in accordance witch Chapter 409.026 and .508, Florida Statutes, and Rules 10C- 29.05, .09 and .13, Florida Administrative Code. Specifically, she was advised that her gross cash income received was $435 and that the maximum monthly income limit for her household during the month of application was $415. As stated, Petitioner, or a representative on her behalf, did not appear at the hearing.

Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent, Department of Health and Rehabilitative Services, enter a final order denying Petitioner's application for assistance under the Low Income Home Energy Assistance Program. RECOMMENDED this 28th day of June, 1985, in Tallahassee, Florida. JAMES E. BRADWELL 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 June, 1985.

Florida Laws (1) 120.57
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ANNA C. RUWELL vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 82-001893 (1982)
Division of Administrative Hearings, Florida Number: 82-001893 Latest Update: Nov. 08, 1982

Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Mary T. Gabor is the daughter of Anna C. Ruwell, Petitioner herein. On April 20, 1982, Ms. Gabor submitted an application to the Low-Income Home Energy Assistance Program requesting that she (Petitioner) be determined eligible to receive Low Income Energy Assistance. The application was not signed or dated. On May 27, 1983, the application submitted on behalf of Petitioner was returned by Respondent "as it is unsigned and dated and is not acceptable since the signed application has to be postmarked by April 23, 1982, to be acceptable. Ms. Gabor operated under the assumption that she could complete the application on behalf of her mother (Petitioner), inasmuch as she was her mother's authorized representative in other assistance or entitlement programs such as food stamps, etc. Evidence reveals that Petitioner's application was received in the Energy Assistance Program's office on April 20, 1982. The program closed for the acceptance of applications on April 23, 1982. Respondent submitted a request to Petitioner by letter dated May 14, 1982, for additional information as to the amount of her Social Security award. Petitioner was allowed through May 28, 1982, to provide the requested information. That letter prompted Ms. Gabor to call the Energy Assistance Program on May 21, 1982. In the May 14th request for additional information, Petitioner was directed to sign and date the application. Approximately six (6) days later, on May 27, 1982, Ms. Ruwell's application was returned as unacceptable due to the above-referred omissions (absence of signature and date). Petitoner's application was one (1) of approximately seventeen hundred (1,700) applications received by the Energy Assistance Program during the last five (5) days of the filing period. Due to the substantial number of applications received by the Energy Assistance Program, Petitioner's omissions were not noticed until after the April 23, 1982, deadline. Ms. Gabor feels that she is entitled to an exception to the above- referred omissions based on Petitioner's elderly age and the fact that she would have been declared eligible but for the absence of Petitioner's signature on the application.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: 1. That Respondent submit to Petitioner a request for the additional information and afford her an opportunity to provide that missing or incomplete information within ten (10) days of the request for such information. Provided Petitioner furnishes Respondent with the additional information requested within the allowable ten (10) day period and the application otherwise satisfies the guiding criteria, it is further RECOMMENDED: That she be determined and otherwise declared eligible for participation in the Home Energy Assistance Program. RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1982.

Florida Laws (1) 120.57
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ERWIN V. KUNZ vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 82-001106 (1982)
Division of Administrative Hearings, Florida Number: 82-001106 Latest Update: Jul. 16, 1982

Findings Of Fact On March 16, 1982, the Petitioner, Erwin V. Kunz, filed a household application for financial assistance under the Low Income Home Energy Assistance Program. After its review of this application, the Department of Health and Rehabilitative Services advised the Petitioner of its denial on the ground that he and his wife have more than the prescribed monthly income to be eligible. The Petitioner resides with his wife in their household in Ocala. Their total countable monthly income is $498.47 which is paid by the Social Security Administration. This amount exceeds the monthly income limitation of $474.00 for households having two persons. Therefore, the Petitioner is ineligible for assistance. The Petitioner does not dispute the Department's determination that his total monthly countable income exceeds the acceptable income limitations prescribed by the Department. However, he contends that because of high utility bills, and other recurring costs, he is in need of assistance to meet his financial burdens. Unfortunately, only countable income received during the month of the application is relevant in determining eligibility for benefits.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Erwin V. Kunz for energy assistance be denied. THIS RECOMMENDED ORDER entered on this 16th day of July, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS, 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 July, 1982. COPIES FURNISHED: Mr. Erwin V. Kunz 476 Spring Drive Ocala, Florida 32672 Joseph E. Hodges, Esquire 2002 North West 13th Street Gainesville, Florida 32601 Susan B. Kirkland, Esquire Department of Health and Rehabilitative Services Building 1, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (1) 120.57
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BERTHA MAE FLYNN vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 81-002130 (1981)
Division of Administrative Hearings, Florida Number: 81-002130 Latest Update: Dec. 11, 1981

The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.

Findings Of Fact Petitioner Bertha Mae Flynn requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981 Flynn, a black female who lives with two other people, filed a Household Application for low income energy assistance. She was notified that the application must be accompanied by a Medical Certification for Cooling, and she was requested to submit the certificate that had been forwarded to her. No medical certificate was filed. She did not have the required medical certificate with her at the hearing.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 11th day of December, 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 December, 1981. COPIES FURNISHED: Ms. Bertha Mae Flynn 3060 North 15th Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Attn: Susan B. Kirkland, squire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301

Florida Laws (2) 120.57409.508
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