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 James D. Johnson, Sr. requested a hearing on a form letter received in the office of Respondent on March 12, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 10, 1981 Johnson, 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 receives food stamps and receives a bill for use of wood for heating. The house he lives in is divided into a unit for him and a unit for his son. The living quarters of each are connected by a hallway but each person lives as a separate family, and each heats his own unit. By Notice of Application Denial mailed February 23, 1981 Petitioner was informed that he was denied assistance for the reason that his gross monthly income exceeded the maximum income limit for a household of his size. His income plus the income of his son was added, although it was not entered on the application. The total exceeded the maximum income limit for a household of two (2) people. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. In the letter filed in this case, supra, Petitioner disputed the evidence presented by Respondent Department, stating that "the fact that I live in and rent part of my son's home does not give me access to his income." After considering the testimony of Petitioner and the statement of Respondent that Respondant would not deny Petitioner lived alone in one side of the house and heated his own unit, the Hearing Officer finds that Petitioner has a one person household and his gross non-earned income is $200.80 per month. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's one person household does not exceed 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 Petitioner is eligible for low income energy benefits. 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. James D. Johnson, Sr. 1213 NE Osceola Avenue Ocala, Florida 32670 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32672 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Wiggins 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 12, 1981 Audrey O. Wiggins, a white 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 her husband and received a bill for use of electricity for heating. Her gross non-earned monthly income is $425.40. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her monthly income exceeded the monthly income limits for a household of her size. Petitioner did not dispute the evidence presented by Respondent but stated that it was very difficult to live on the income of herself and her husband and would appreciate any help they could receive. 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 Wiggins' household 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 27th day of March, 1981, in Tallahassee, 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: Audrey O. Wiggins 1958B Long Bay Road Middleburg, Florida 32068 Paul C. Doyle, Esquire Department of Health and Rehabilitative Services 5920 Arlington Expressway Post Office Box 2417F Jacksonville, Florida 32231 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 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 81-4.08 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 Monica Nicoletto made application for low income energy assistance benefits and in the month of application received $221.80 in Social Security income. She also received $105 in quarterly interest from a savings account. The total amount of money received in that month was $326.80. The maximum income a single-person household is permitted to receive to be eligible for benefits is $316. Petitioner is otherwise eligible for benefits. Had the interest payment of $105 been credited to Petitioner other than in the month of application, it would not have been considered under the Department's application of the rules. Had the $105 been prorated, Petitioner would have had a total income of $256.80 in the month of application.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that low income energy assistance benefits be granted Monica Nicoletto. DONE and ORDERED this 11th 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 11th day of September, 1981. COPIES FURNISHED: Ms. Monica Nicoletto 2522 West Osborne Avenue Tampa, Florida 33614 Janice Sortor, 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 406 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 10 CER 81-4.08 through 4.11. Florida Administrative Code.
Findings Of Fact Petitioner Olga McDonald requested a hearing by telephone and 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 26, 1981 McDonald, a Hispanic female, filed a household application for low income energy assistance. Petitioner receives food stamps, 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 in a household with four (4) other people and receives a hill for use of electricity for heating. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $723.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department although she had indicated a lower weakly earned family income on her application, but was convinced the income limit by household size was unfair. She also felt the action taken denying her benefits was unfair because her adjusted gross income was only $2.00 above the cutoff for eligibility. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner McDonald's household exceeds the income limit of $723.00 for a household of five (5) 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 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. Olga McDonald 2523 West Emma Circle Tampa, Florida 33614 Janice Sortor, Esquire Department of HRS W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; 10 CER 80-11 amended by 10 CER 81-4.08 through 4.11.
Findings Of Fact Petitioner Florida C. Graham requested a hearing by telephone and by a letter received in the office of Respondent on February 28, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 5, 1981 Graham, a black 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 in subsidized housing with one child and received a bill for use of electricity for heating. Her gross monthly income is $585.00 earned income. Twenty percent (20 percent) of her gross monthly earned income of $585.00 is $117.00 which results in a total adjusted gross income of $468.00. By Notice of Application Denial mailed February 5, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded the monthly income limits for a household of her size. Petitioner did not dispute the evidence presented by Respondent but stated: I request a hearing due to the fact that my present Electric bill is far more than I anticipated and I'm not sure at the present time just how I shall go about paying it before my electricity will be cut off. I do not at this time or no other time expect the Energy Assistance program to pay my bills, but I could genuinely use some financial assistance if it's truly there for the ones that show a need. Witnesses 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 and the applicable chart for District III, Marion County Unit 42, Petitioner Graham's household 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. DONE and ORDERED this 13th day of March, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer 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 13th day of March, 1981. COPIES FURNISHED: Ms. Florida C. Graham 2425 SW Third Street, Lot 137 Ocala, Florida 32670 Joseph E. Hodges, Esquire Department of HRS James A. Sawyer, Jr., Esquire 2002 NW 13th Street Department of HRS Oak Park Executive Square 3001 SW Broadway Gainesville, Florida 32601 Ocala, Florida 32671
Findings Of Fact Petitioner William E. Johnson requested a hearing by a letter received in the office of Respondent on February 27, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 14, 1981 Johnson, 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 electricity for heating. By Notice of Application Denial mailed February 17, 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 income limit by household size was unfair, especially since the subsidy was to pay the high cost of energy. He stated that he wanted no food stamps or charity but needed help with doctor bills, plumbing bills and screens. He stated that "Uncle Sam" supports illegal aliens but our own people can't get a loan or helping hand. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Johnson's household 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 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. William E. Johnson 1222 Northwest Fourth Avenue Fort Lauderdale, Florida 33311 Harold Braynon, Esquire Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301 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 Marcia Stevens requested a hearing by a letter received in the office of Respondent on February 20, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 13, 1981 Stevens, a black 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 with three other people and receives a bill for use of electricity for heating. 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 limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department but thought it unfair to consider only the one month's income with the light bill so high. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner Stevens' household income exceeds the income limit of $621.00 for a household of four (4) 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 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: Ms. Marcia Stevens 4121 NE First Terrace Gainesville, Florida 32601 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 Petitioner Lynn Brockmiller requested a hearing by a letter received in the office of Respondent on March 8, 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 and also failed to appear at the second hearing which was subsequently scheduled. On January 9, 1981 Brockmiller, a white 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 one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 3, 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 the Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Brockmiller's household income 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 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 on this 24th day of April, 1981. COPIES FURNISHED: Ms. Lynn Brockmiller 1809 DeBarry Avenue, J-67 Orange Park, Florida 32073 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
