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
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 Joannah Reed requested a hearing by telephone and by a written Request for Hearing received in the office of Respondent on March 17, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 5, 1981 Reed, 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 a housing project with three (3) other people and receives a bill for use of electricity for heating. Three (3) members of her household receive food stamps, and the gross monthly earned and non-earned income is $789.10. By Notice of Application Denial mailed February 26, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $612.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent but was dissatisfied with the income limits by household size. She stated that many people lied about their income and received benefits, but she told the truth and was denied. The witness for Respondent substantiated the evidence received and explained the procedure followed for the Low Income Energy Assistance Program. Under Rule 10 CER 80-11.07, Florida Administrative Code, Petitioner Reed's 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. DONE and ORDERED this 31st 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 31st day of March, 1981. COPIES FURNISHED: Ms. Joannah Reed 2023 NW 34th Avenue Gainesville, Florida 32605 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601
Findings Of Fact On March 11, 1982, Petitioner, Eva Cox, filed a household application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. Based upon a review of the information submitted by Petitioner, the application was denied by letter dated March 23, 1982, on the ground Cox had an excessive monthly income. A subsequent oral explanation as to the reason for the denial was given Petitioner on May 11, 1982. Thereafter, Petitioner requested an administrative hearing to appeal the decision of the Department. Petitioner resides in her household with one other person. The total countable monthly income for the household is $548. This amount exceeds the monthly income limitation of $474 for households having two persons. Therefore, Cox was ineligible for assistance. Applicant did not dispute the Department's determination that her total monthly countable income exceeded acceptable income limitations prescribed by the Department. However, she contended that because of a recent heart attack which has limited her ability to work, she is in need of financial assistance.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Eva Cox for energy assistance be DENIED. DONE and ENTERED this 2nd day of July, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of July, 1982. COPIES FURNISHED: Ms. Eva Cox 1601 East Alabama Street, Apt. 114 Plant City, Florida 33566 Amelia Park, Esquire Department of HRS 4000 West Buffalo Avenue Tampa, Florida 33614
Findings Of Fact Petitioners Mr. and Mrs. John Wallace Beck requested a hearing by a letter received in the office of Respondent on March 12, 1981. After the required informal hearing with a supervisor in Respondent Department Petitioners requested a formal hearing. On January 29, 1981 Mr. Beck, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps or other subsidies, or is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with his wife and receives a bill for use of electricity for heating. By Notice of Application Denial mailed March 3, 1981 Petitioners were informed that they were denied assistance for the reason that their monthly income exceeded the maximum income for a household of their size. Action was taken by Respondent within 45 days of Petitioners application, and they were promptly notified of the reason for denial of benefits. Petitioners did not dispute the evidence presented by Respondent Department but were convinced the income limit by household size was unfair. Mr. Beck said he felt the federal government misled people by advertising that there was money available and even extending the deadline to apply but that when need was demonstrated no funds for heating were granted him. He has applied for no other form of public aid. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioners' income exceeds the income limit of $418.00 for a household of two (2) people.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioners. 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. and Mrs. John Wallace Beck 202 Portage Path Road Dade City, Florida 33525 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 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 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 50-167, Laws of Florida; Rule 10 CER 80-11 amended by 10 CER 01-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Muriel L. Lanton requested a hearing by telephone and by a letter received in the office of Respondent on March 2, 1981. After having an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 7, 1981 Lanton, 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 alone in a house and receives a bill for use of electricity for heating. Her gross monthly income is $322.80 non-earned income. by Notice of Application Denial mailed February 19, 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 appear but sent word to the Hearing Officer by the witness for Respondent that she did not think it fair to count the amount deducted for Medicare as income. 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 Lanton's household income exceeds the income limit of $318.00 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: Ms. Muriel L. Lanton 1110 Marigold Street Parker, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 Susan S. Kirkland, Esquire Department of HRS 1317 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, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Charlie Burch requested a hearing by letter of February 19, 1981 and by letter of March 18, 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 but requested that he be heard at a future date and appeared at the second hearing. On January 9, 1981 Burch, 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 has applied for the low income energy assistance. He receives food stamps, lives with one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 5, 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 with his wife's illness and other high bills. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burch's household income exceeds the income limit of $418.00 for a household of two (2) persons.
Recommendation Based on the foregoing Finding's of Fact and Conclusions of Law the Hearing' Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 1st day of May, 1981, 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 1st day of May, 1981. COPIES FURNISHED: Mr. Charlie Burch Post Office Box 15 Pomona Park, Florida 32081 Alvin J. Taylor, Secretary Joseph E. Hodges, Esq. Attn: Susan B. Kirkland, Esquire Department of HRS Department of HRS 2002 NW 13th Street Building One, Room 406 Oak Park Executive Square 1323 Winewood Boulevard Gainesville, Florida 32601 Tallahassee, Florida 32301
Findings Of Fact The Department of Health and Rehabilitative Services ("Respondent") is the government agency responsible for administering the Low Income Energy Assistance Program in the State of Florida. The Respondent adopted Rule 10 CER 80-11, Florida Administrative Code, and amended it to extend the time limit for filing applications for benefits. Petitioner made application for benefits as a building operator. The parties' Joint Exhibit #4 accurately reflects the financial status of the Petitioner as of the date of the data's submission to the Respondent. Joint Exhibit #4 was received in evidence. Respondent denied the Petitioner's application by its letter of March 24, 1981, upon a finding that the building project was fully compensated pursuant to Rule 10 CER 80-11.10(2), Florida Administrative Code. Denial was specifically based upon inclusion of the Petitioner's reserves fund in the computation of the project's compensation. Petitioner had operating capital and cash reserves in excess of its operating expenses. These cash reserves were maintained pursuant to federal rules governing public housing and were, at the time of Petitioner's application, below the requirements set by rule.
Recommendation The Hearing Officer recommends disapproval of the Petitioner's application for Low Income Energy Assistance Program benefits for failure to meet the requirements of Rule 10 CER 80-11.10(2), Florida Administrative Code, because Petitioner's cash reserves plus operating revenues exceed its operating expenses and therefore its project was fully compensated. DONE and ORDERED this 24th day of May, 1982, 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 24th day of May, 1982. COPIES FURNISHED: Dianne S. Smith, Esquire Assistant County Attorney Metropolitan Dade County 1626 Dade County Courthouse 73 West Flagler Street Miami, Florida 33130 Leonard Helfand, Esquire Department of HRS Room 1040, Ruth Rhode Building 401 Northwest Second Avenue Miami, Florida 33128 David H. Pingree, 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
