Findings Of Fact The Department has stipulated to the facts as set forth on the Application filed by the Petitioner on November 2, 1983. These include the following: The Petitioner, Elaine Denegal filed an application for Low Income Home Energy Assistance on November 2, 1983. This application showed the Petitioner's household to consist of six members including herself, all of whom resided in Belleview, Florida. The Petitioner had monthly income of $231.00 from her benefits under the Aid to Families with Dependent Children program. No other family member had income. The source of heat in the Petitioner's home was electricity. The amount of Low Income Home Energy Assistance benefits paid to the Petitioner was calculated by subtracting one from the household size (six), and multiplying the balance (five) by $25.00; by subtracting this amount ($125.00) from the gross household income ($231.00); and by using the remaining income ($106.00) to obtain the payment level for households in climatic region 3 when electricity is the household heat source. By means of this method, the Department found that benefits in the amount of $146.00 were due the Petitioner, and a check for this amount was issued to the Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order dismissing the application of Elaine Denegal for the reason that benefits payable to her under the Low Income Home Energy Assistance program have been paid. THIS RECOMMENDED ORDER entered this 20th day of April, 1984, 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 20th day of April, 1984. COPIES FURNISHED: Elaine Denegal 12498 Southeast 95th Terrace Belleview, Florida 32620 James A. Sawyer, Jr., Esquire District Legal Counsel 1000 Northeast 16th Avenue Building H Gainesville, Florida 32601 David Pingree, Secretary Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301 Alicia Jacobs, General Counsel Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact Petitioner and his wife live together in subsidized housing on Miami Beach. They are both disabled, and they receive a combined monthly income of $421 in social security benefits. They have no other income, earned or unearned. Petitioner made application for low income energy assistance benefits for his home cooling costs. Respondent denied that application for benefits since the maximum monthly income for a two-person household is $418. Except for exceeding the maximum income limit, Petitioner is otherwise eligible for low income energy assistance benefits. A lady who assists Petitioner in caring for himself and his wife stays with them two or three nights a week. Petitioner pays her a few dollars a day when he is able and charges her nothing for any meals or for her room when she stays with Petitioner and his wife. This same lady also spends several nights a week with a friend of Petitioner's, and she has her own apartment for which she pays rent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for Low Income Energy Assistance Program benefits. RECOMMENDED this , 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 2nd day of December, 1981. COPIES FURNISHED: Eugene Cash 245 Ninth Street, Apt. 4 Miami Beach, Florida 33139 Leonard Helfand, Esquire District XI Legal Counsel Department of Health and Rehabilitative Services 401 N.W. Second Avenue, Suite 1040 Miami, Florida 33128 Mr. David Pingree, 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 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 Creola Moore requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Creola Moore, a black female who lives alone, filed a Household Application for low income energy assistance. She was notified hat the application must be accompanied by a properly completed Medical Certification for Cooling. The medical certificate which she filed indicated that her health conditions did not require a controlled temperature to prevent adverse effects which would be life threatening.
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, 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: Creola Moore 3171 Torres Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of Health and Rehabilitative Services 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
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 ================================================================ =
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 James Benjamin Stallworth requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 8, 1981 Stallworth, a black male who lives with one (1) other person, filed a Household Application for low income energy assistance. He was notified that the application must be accompanied by a Medical Certification for Cooling, and was requested to submit the certificate that had been forwarded to him. The medical certificate filed was not completed but the physician wrote the word "denied" before his signature.
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 11 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: James B. Stallworth Route 5, Box 61 Elbert Lane 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, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), 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 Alma T. Camiel requested a hearing on April 3, 1981. After the require informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 28, 198 Camiel, a black 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 applied for the low income energy assistance. She lives alone in Lake City, Florida, receives food stamps and receives a bill for the use of wood for heating purposes. Petitioner was issued a check in the amount of $47.00 to assist her in paying her heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly paid low income energy assistance benefits. Petitioner did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that wood was expensive and her primary source of heat, although she used other types of fuel at times. She had expected more money since others received more benefits under the program, particularly if they used electricity as a primary source of beat. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting four (4) climatic regions and a chart for determining the amount of low income energy assistance boating payments for each of the four (4) regions based on monthly income of the application and the type of fuel used for fully vulnerable and partially vulnerable households. The amount of $47.00 was the correct amount according to the chart odor 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 Alma T. Camiel. DONE and ORDERED this 5th day of June, 1991, 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 5th day of June, 1981. COPIES FURNISHED: Ms. Alma T. Camiel 107 North Street Lake City, Florida 32055 Joseph E. Hodges, Esquire Department of HRS Oak Park Executive Square Gainesville, Florida 32601 Alvin J. Taylor, Secretary Attn: Susan E. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Two issues are potentially raised in this cause, as follow: Did the Petitioner made a timely application? Did the Petitioner's income exceed the established limits of eligibility?
Findings Of Fact The Petitioner, Nathaniel Ali, made an application for low income home energy assistance, which was stipulated by the parties to have been timely received by the Department of Health and Rehabilitative Services. However, the Petitioner did not verify his income as required, which resulted in the Department's letter to him dated January 5, 1983, requesting verification of his income. This letter established a suspense date of January 17, 1983, for response. It stated that in the event no response was forthcoming by said date the application would be denied. The Petitioner testified that he did not receive the Department's letter of January 5, 1983. His testimony is found to be credible in this regard. The Petitioner produced evidence of his income for the 30 days preceding his application. His records reflected that he received $99.66 as income from his position as a student assistant and $500 from his income as a construction worker over The Christmas break. His total income for the 30 days prior to his application was $599.66.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is that the application of the Petitioner, Nathaniel Ali, be approved and that he receive low income home energy assistance. DONE and RECOMMENDED this 16th day of August, 1983, 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 16th day of August, 1983. COPIES FURNISHED: Mr. Nathaniel Ali 2506 Stroud Avenue, 207 Tampa, Florida 33609 Janice Sortor, Esquire Department of Health and Rehabilitative Services 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 323017
Findings Of Fact Ms. McGhee, the Petitioner, resides at 3807 West Columbia Street, Orlando, Florida. She filed an application for home energy assistance benefits on November 7, 1983. On that application she indicated household income for three persons: Maycia McGhee-$324 per month in Disability and 551; Pamela McGhee-$108 per month from CETA; Stephanie McGhee-$231 per month in AFDC. Ernita Bradley, an HRS employee, was the only person who reviewed and handled Ms. McGhee's case. Ms. Bradley reviewed this application and determined that additional information was needed. Specifically, Ms. McGhee needed to furnish the ages of Stephanie and Pamela; the number of handicapped persons in the household; and income verification from CETA and 551 Disability for the month of November, 1983. Ms. McGhee went to the HRS office on November 28, 1983. She does not recall why she went, but she did see Ms. Bradley on that date. What occurred during that meeting is the source of the present conflict. Ms. McGhee testified that she had the CETA verification from Orange County Vocational with her on November 28, 1983, and that she gave that information to Ms. Bradley. She also stated that she does not recall being asked for the ages of Stephanie and Pamela or the number of handicapped in the household. Ms. McGhee was unable to offer an explanation of how she knew she needed a CETA income verification statement on November 28, 1983, but she just somehow knew that she needed it. Ms. McGhee also acknowledges that during this meeting Ms. Bradley informed her that she was getting ready to send her a letter and instead handed her a letter dated November 28, 1983 requesting the additional information set forth above. Ms. McGhee acknowledges that she did nothing further in regard to her application after the November 28, 1983, meeting because she didn't know that she needed to supply any additional information. Ernita Bradley testified that she recalled Ms. McGhee's visit on November 28, 1983, and she furnished notes that she made the same day as the visit to substantiate her testimony. These notes contained in Respondent's Exhibit 2 and Ms. Bradley's testimony establish that on November 28, 1983, Ms. McGhee came to Ms. Bradley's office and supplied some of the requested information. Ms. McGhee furnished the ages of Stephanie and Pamela and stated that she was the only person disabled in the household. Ms. Bradley testified that she told Ms. McGhee that the SSI verification was not necessary because she had verified that income from the HRS computer. Ms. Bradley emphasized to Ms. McGhee that she needed to bring a check stub or income verification of the CETA income for Pamela. Ms. Bradley further testified that Ms. McGhee stated that she would bring that information. Ms. Bradley beard nothing further from Ms. McGhee. The letter, Respondent's Exhibit 1, gave until December 12, 1983, for Ms. McGhee to furnish the information. Ms. Bradley testified that she gave Ms. McGhee ten more days to get the CETA verification, but after waiting until December 20, 1983, Ms. Bradley denied the application because the verification of CETA income was never received. Because the conflict between the testimony of Ms. Bradley and the testimony of Ms. McGhee must be resolved, it is found that the testimony of Ms. Bradley is more persuasive. This finding is based on the existence of notes made by Ms. Bradley contemporaneous with the events and the vague and imprecise testimony of Ms. McGhee, especially as to details. It is additionally found that Ms. McGhee did not submit verification of the CETA income as requested. Additionally, she did not bring that information with her to the hearing in this matter either.
Recommendation Upon consideration of the foregoing Findings of Pact and Conclusions of Law, it is RECOMMENDED that Respondent deny Petitioner's application for benefits under the Low Income Home Energy Assistance Program. DONE and ENTERED this 23rd day of April, 1984, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Maycia McGhee 3807 West Columbia Street Orlando, Florida 32805 Gerry Clark, Esquire District Legal Counsel Department of Health and Rehabilitative Services 400 West Robinson, Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 FILED with the Clerk of the Division of Administrative Hearings this 23rd day of April, 1984.
The Issue Whether Petitioner's application for Low-Income Home Energy Assistance should be granted, or denied in accordance with Respondent's Notice of Denial.
Findings Of Fact On November 3, 1983, Beverly R. Collins (Petitioner) filed a "Household Application for Home Energy Assistance" with Respondent, Department of Health and Rehabilitative Services (HRS). The application was incomplete. HRS mailed a notice to Petitioner that additional information must be supplied within 10 days, or additional time requested. The additional information was not forthcoming and no additional time was requested. By notice dated February 10, 1984, HRS informed Petitioner that the application would be denied for failure to timely provide the requested information. By letter dated March 26, 1984, Petitioner requested a hearing asserting that--due to misdelivery of mail--she had not timely received HRS' request for additional information. This case was transferred to the Division of Administrative Hearings for assignment of a hearing officer, and subsequently set to be heard on July 26, 1984. A copy of the notice of hearing was mailed to Petitioner at the address indicated on her request for hearing, and was not returned for lack of delivery. Petitioner did not attend the hearing. Nor was she represented by counsel. She made no request for a postponement, and no excuse for her absence has been presented.
Recommendation Accordingly, it is RECOMMENDED: That Petitioner's application for Low Income Home Energy Assistance be denied. DONE and ENTERED this 2nd day of August, 1984, in Tallahassee, Florida. R.L. CALEEN 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 August, 1984. COPIES FURNISHED: Gary Clark, Esquire 400 West Robinson St., Suite 912 Orlando, Florida 32801 Beverly R. Collins 1013 West 3rd St., Apt. B Sanford, Florida 32771
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida, Energy Research and Development Task Force; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Bernice Miller requested a hearing by a letter received in the office of Respondent on March 16, 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 hut appeared at the second hearing. On January 19, 1981 Miller, a black 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 two (2) other persons and receives a bill for use of electricity. 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 for a household of her size. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair. She stated she received a bill for electricity for her freezer and air conditioner. Respondent presented evidence (Respondent's Composite Exhibit 1) which shows that Petitioner lives in a housing project which heats by gas from a central heat unit. Petitioner is not financially affected by the rising cost of energy pursuant to Rule 10 CER 80-11.04, Eligibility Factors Other Than Income, Florida Administrative Code. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Miller's household income exceeds the income limit of $519.00 for a household of three (3) 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 4th 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 4th day of May, 1981. COPIES FURNISHED: Ms. Bernice Miller 4229 Moncrief Road, West - Apt. 26 Jacksonville, Florida 32209 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
