Findings Of Fact Petitioner is a single parent and the head of a household comprising herself and her two children. In her application, Exhibit 1, Petitioner lists her monthly income at $800. The accuracy of this figure was not contested at the hearing. Based upon this income Respondent determined Petitioner was not eligible for Low-Income Home Energy Assistance and denied her application. Petitioner does not contend that she was unfairly discriminated against or that Respondent failed to comply with the regulations determining eligibility for Low-income Energy Assistance payments. Petitioner's sole argument is that because she works to support her family she is denied these payments, while others who are too indolent to work are given these payments from the taxes Petitioner pays.
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 Mary Cecelia Williams requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 28, 1981 Williams, a black female who lives with two other person , filed a Household Application for low income energy assistance together with a medical certificate (Form 137 May 81) which had the words "which would be life-threatening" crossed out by the physician. She was notified on July 2, 1981 that the application was denied for the reason that the physician did not indicate the need for cooling services was life-threatening. Petitioner did not dispute the fact the medical certification was altered but stated at the hearing that she had no money to see another physician. Both Petitioner and her son have breathing difficulties and she believes her application for cooling benefits should be reconsidered.
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 Department of Administration 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: Mary Cecelia Williams 1112 NW Seventh Avenue Gainesville, Florida 32601 James Sawyer, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 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'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
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.
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
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
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
The Issue Whether Petitioner should have been considered for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Administrative Code.
Findings Of Fact Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.
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 5th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 200 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. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063 Leo J. Stellwagen, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Jose Alvarado requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 2, 1981 Alvarado, a white male who lives with two (2) other persons, filed a Household Application for low income energy assistance. He was notified on July 6, 1981 that the application must be accompanied by a Medical Certification for Cooling, and he was requested to submit the medical certificate by July 20, 1981. He failed to file the certificate by July 27, 1981 and a call to the telephone number furnished by Petitioner was attempted, but there was no answer. Petitioner stated at the hearing that he had tried to get the physician to sign the certificate, but the physician was on vacation. Petitioner filed the signed certificate on July 31, 1981. The Notice of Application Denial was mailed on August 28, 1981.
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 granting low income energy benefits to Petitioner. DONE and ORDERED this 7th 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 7th day of December, 1981. COPIES FURNISHED: Mr. Jose Alvarado 1875 Caralee Boulevard, Apt. 2 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 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 On July 6, 1981, Petitioner, Corine Thomas, 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 Santa Rosa County, Florida, which is part of the North Cooling Climatic Region for purposes of determining the level of assistance to be given claimants. The application was ultimately denied by Respondent on August 28, 1981, on the ground Petitioner's monthly countable income exceeded that authorized by Department rule. When the application was filed, Petitioner and one other person lived in her household. Their total countable monthly income for July, 1981, was $524, which exceeds the $418 income limitation for households having two persons. Except for the excessive income, Petitioner was otherwise qualified to receive cooling assistance. Applicant contended the other person residing in her household when the application was filed was only temporary and has subsequently moved. However, he did reside there when the application was filed on July 6, 1981 and must be included as a member of her household for purposes of determining eligibility.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Corine Thomas for cooling assistance be DENIED. DONE and ENTERED this 3rd day of December, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of December, 1981. COPIES FURNISHED: Corine Thomas 1611 Okaloosa Street Milton, Florida 32570 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Pensacola, Florida 32522
