The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner Bertha Mae Flynn requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 23, 1981 Flynn, a black female who lives with two other people, filed a Household Application for low income energy assistance. She was notified that the application must be accompanied by a Medical Certification for Cooling, and she was requested to submit the certificate that had been forwarded to her. No medical certificate was filed. She did not have the required medical certificate with her at the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 11th day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1981. COPIES FURNISHED: Ms. Bertha Mae Flynn 3060 North 15th Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Attn: Susan B. Kirkland, squire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On March 15, 1982,Petitioner completed an application for benefits pursuant to the Low-Income Income Energy Assistance Program. He claimed only himself as a member of his household and reported that his income consisted of a civil service annuity in the amount of $508.10 a month. His application was received by Respondent on March 17, 1982. On April 1, 1982, Petitioner's annuity increased to $554.10 per month. By form letter dated April 29, 1982, Respondent sent Petitioner an income verification form and advised Petitioner that he must provide Respondent with verification of his income by May 13, 1982. The form letter further stated that failure to timely verify income would result in denial of Petitioner's application. No verification of income was provided to Respondent by May 13. Respondent denied Petitioner's application for benefits on May 18, 1982.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED THAT: A final order be entered denying Petitioner's application for benefits under the Low-Income Home Energy Assistance Program. DONE and RECOMMENDED this 29th day of October, 1982, in Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 1982. COPIES FURNISHED: Mr. William Nussman 1619 Lenox Avenue, Apt. 21 Miami Beach, Florida 33139 Leonard Helfand, Esquire Department of HRS 401 North West Second Avenue Suite 1040 Miami, Florida 33128 David H. Pingree, Secretary Attn: Susan B. Kirkland Department of HRS Building One, Room 406 1317 Winewood Boulevard Tallahassee, Florida 32301
The Issue This matter concerns the issue of whether the Petitioners qualify for assistance under the Low Income Home Energy Assistance Program. Mrs. Eddie R. New testified on behalf of herself and her husband and offered three exhibits which were accepted into evidence without objection. Respondent called as its only witness Eleanor J. Weatherspoon, an employee of HRS and a specialist in the Low Income Home Energy Assistance Program. As its only exhibit the Respondent offered Page 2-11 of HRS Manual 165-15, effective October 1, 1982. That exhibit was admitted without objection.
Findings Of Fact It was stipulated by the Respondent that the Petitioner, Mr. Eddie R. New, is presently and was at the time of the application for assistance permanently and totally disabled. Mr. and Mrs. New presently receive from Social Security $527.60 per month and from the V.A. $54.88 per month. These two total $582.48 as the monthly income for Mr. and Mrs. New. The funds received from Social Security and from the V.A. are the sole source of income for Mr. and Mrs. New. Mr. New is unable to work because of his disability and Mrs. New is unable to work because of the necessity that she be at home to take care of Mr. New on a daily and hourly basis. They own no property. Mr. and Mrs. New are the only two individuals living within their household. HRS Manual 165-15 provides an income limit of $518.00 per month for a household of two people in order to he qualified for assistance under the Low Income Home Energy Assistance Program. The monthly income of Mr. and Mrs. New exceeds the monthly income limit as provided by HRS Manual 165-15 Page 2-11.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is herehy recommended: 1. That the Petitioners be determined and otherwise declared to be ineligible for participation in the Low Income Home Energy Assistance Program. RECOMMENDED this 30th day of March, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS 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 30th day of March, 1983. COPIES FURNISHED: Ms. Maureen McGill District I Legal Counsel Department of HRS 160 Governmental Center Pensacola, Florida 32522 Mr. and Mrs. Eddie R. New Post Office Box 2091 Pace, Florida 32570 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact On November 1, 1983, Petitioner submitted Household Application for Home Energy Assistance on which he listed as income VA benefits in the amount of $118 per month; unemployment compensation of $597.12 per month; and cash from his family of $300-$400 per month. Petitioner is a one-member household. He was involved in a motorcycle accident in May, 1983, and has been unable to return to his job at Martin Marietta since that time. He received benefits of $160 per week from Martin Marietta's insurer from date of his accident until January 6, 1984, when his benefits were reduced to $80 per week because of his possible entitlement to Social Security disability benefits. Payments were suspended on January 13, 1984, pending Petitioner's submission to the insurance carrier a statement of continuing total disability (Exhibit 1). Petitioner acknowledged on the witness stand that he receives VA disability compensation which is mailed to his bank monthly; however, he testified he has authorized the diversion of those funds to pay debts he owes, so that money is not available to him for daily living expenses. The maximum monthly income a one-member household can receive and be eligible for home energy assistance is $405 (Exhibit 3).
The Issue Petitioner's eligibility to receive low income energy assistance payment. This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel. He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.
Findings Of Fact On March 23, 1982, Petitioner, Arthur R. Koehler, filed an application for low income home energy assistance with the Respondent Department of Health and Rehabilitative Services, District VI at Tampa, Florida. His application reflected that he is 82 years old and lives alone in Tampa, Florida. The application showed his income as consisting of a monthly Social Security payment of $350.50. However, information received from the Social Security Administration confirmed that the gross income of Petitioner's monthly Social Security benefit was $388.70. (Testimony of Petitioner, Sugarman, Petitioner's Exhibit 1, Respondent's Exhibit 1) On April 30, 1982, Respondent sent Petitioner a Notice of Denial form indicating that such denial was predicated on the fact that his income exceeded the monthly income limit for his household size, pursuant to Chapter 409, Florida Statutes, and Rules 10C-29.05, 09, and 13, Florida Administrative Code. Rule 10C-29.l3 provides that the monthly income limit for a one- person household is $359.00 per month. (Testimony of Petitioner, Sugarman, Respondent's Exhibit 2) During the last year, Petitioner has incurred over $1,000.00 in medical bills resulting from a hernia operation, and anticipates the need for household repairs in the approximate amount of $1,500.00 to $2,000.00. He therefore feels that these matters should be taken into consideration in determining his income for energy assistance payments. However, according to Respondent's officials, there is no authorization for exclusion of income for such expenses in determining eligibility for energy assistance. (Testimony of Sugarman, Petitioner)
Recommendation That a final order be issued by the Department of Health and Rehabilitative Services denying the application of Petitioner, Arthur R. Koehler, for low income home energy assistance. DONE and ENTERED this 30th day of August, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 30th day of August, 1982. COPIES FURNISHED: Arthur R. Koehler 6824 South Trask Street Tampa, Florida 33616 Janice Sorter, Esquire District VI Assistant Legal Counsel 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 Blvd. 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; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Mildred Moorer 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 scheduled hearing. On January 30, 1981 Moorer, 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 four (4) other persons, receives food stamps and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 25, 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. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. Petitioner failed to appear although she had more than 14 days' written notice of hearing. Respondent presented evidence (Respondent's Composite Exhibit 1) which showed that Petitioner had a total gross household monthly income of $784.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code and the applicable chart Petitioner Moorer's household income exceeds the income limit of $723.00 for a household of five (5) persons.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 13th day of May, 1981, in Tallahassee, Leon County, Florida DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of May, 1981. COPIES FURNISHED: Ms. Mildred Moorer 830 NW 43rd Street Miami, Florida 33127 Leonard Helfand, Esquire Department of HRS Room 1040, Rhode Building 401 NW Second Avenue Miami, Florida 33128 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 The Petitioner was the recipient of approximately $50 per month in low income home energy assistance benefits in the assistance period immediately prior to the one at issue. She is a grandmother and is raising six grandchildren in her home. Her only income is social security and Aide to Families with Dependent Children (AFDC) benefits. There is no dispute in this proceeding that the Petitioner is financially qualified to receive the subject low income home energy assistance benefits. The Petitioner requires the subject benefits in order to pay for fuel oil and gas for home heating and cooking. Sometime in December, 1982, the Petitioner received an application form for the subject benefits from the HRS office in Gainesville, Florida. She filled out the form and gave it to her niece, Charlotte Bright, who testified in this proceeding, for mailing. Charlotte Bright mailed the form on the evening of December 26, 1982, in Gainesville. She looked on the mailbox in which she mailed the letter, and observed that the posted times for the Postal Service to pick-up letters from that box were at 3:00 p.m. and 5:00 p.m. that day. Accordingly, she realized that the letter could not be postmarked until December 27, 1982. She had earlier been told by an employee of the Respondent that a postmark of December 27, 1982, was acceptable. Accordingly, being conscious of the requirement that the letter be mailed so as to be postmarked on the 27th and knowing that the 5:00 p.m. pick-up deadline for the 26th had already passed, she wrote on the envelope (which is in evidence in this proceeding as Respondent's Exhibit 2) the following language, "I mailed this letter December 27, 1982, before 12:00 midnight, please accept this letter." In fact, although she mailed the letter on the 26th and wrote the notation regarding its mailing time to the effect that it was mailed effectively on December 27, the letter was shown to have been picked-up in Gainesville, taken to Jacksonville where it was postmarked on December 28, 1982, and then returned to Gainesville for ultimate delivery to the Respondent, which occurred on approximately December 29 or 30, 1982. It was Ms. Bright's belief, in acting on behalf of the Petitioner, that by mailing the letter in such a way for delivery in Gainesville, that it should have been postmarked the 27th and delivered that day, or at least the following day, but with a postmark which would have complied with the rule cited below, which effectively sets the deadline for posting at midnight December 27, 1982.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses, it is, hereby RECOMMENDED: That Mrs. Lillie Kelly be declared eligible for participation in the home energy assistance program and that the appropriate benefits for which she is financially entitled be awarded her. DONE and ENTERED this 28th day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of February, 1983. COPIES FURNISHED: Mrs. Lillie M. Kelly P.O. Box 39 High Springs, Florida 32643 James Sawyer, Esquire District III Legal Counsel Department of HRS 2002 NW 13th Street Gainesville, Florida 32601 David H. Pingree, Secretary Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
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 April 21, 1982, Petitioner, Darnell Hunter, filed an application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. The application was completed and signed by Jodi Fischer, a social worker with the Broward Center for the Blind. The application was accompanied by a letter from Fischer which explained that Hunter was in the hospital undergoing surgery and had given his permission for Fischer to sign the application on his behalf. The application was received at Respondent's Fort Lauderdale District Office on April 23, 1982, which was the last day for filing applications under the program. Based upon a review of the application, it was denied by letter dated May 25, 1982, on the ground Hunter "did not sign and date the application (himself)." Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision. Petitioner died on August 30, 1982, which was the day prior to the final hearing. When the application was filed, Petitioner resided alone in his household. The total countable monthly income far the household during April, 1982, was $344. This amount was less than the monthly income limitation of $359 for households having one person. Therefore, Hunter was otherwise eligible for assistance based upon his April income. Under normal procedure, the Department has a representative visit an applicant whenever an application is incomplete, or does not contain the signature of the applicant because Respondent did not discover that Fischer had signed the application on behalf of Hunter until after the time for filing applications had expired, it did not avail itself of this procedure. It construed the application as being unacceptable from the date of filing, and contends that no remedy exists under the circumstances to cure the defect.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Darnell Hunter for energy assistance be DENIED. DONE and ENTERED this 7th day of September, 1982. 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 7th day of September, 1982. COPIES FURNISHED: Ms. Jodi Fischer Hearings Broward Center for the Blind 650 North Andrews Avenue Fort Lauderdale, Florida 33311 Ms. Nancy Tango Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301
Findings Of Fact Petitioner Lucy Jeffery requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 9, 1981 Jeffery, at that time living with three (3) other people, filed a Household Application for low income energy assistance with the required Medical Certification (Form 137, May '81). By Notice of Application Denial Petitioner was informed that she was denied assistance for the reason that her medical statement indicated her medical condition did not require cooling in order to prevent "life-threatening" adverse effects. The action was taken within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits. The medical practitioner who signed the Medical Certification for Cooling wrote the words "Gastro intestinal condition not life threatening but medically prudent" before he signed the form. Petitioner did not dispute the evidence presented but felt that her medical condition warranted cooling and that she should be allowed benefits for that purpose.
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 10th day of February, 1982, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of February, 1982. COPIES FURNISHED: Ms. Lucy Jeffery 1849 21st Street Sarasota, Florida 33580 Anthony N. DeLuccia, Jr., Esquire Department of Health and Rehabilitative Services 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of Health and Rehabilitative Services Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
