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 Sue Kammer requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 16, 1981 Kammer, a white female who lives alone, filed a Household Application for low income energy assistance. She was notified on June 17, 1981 that the application must be accompanied by verification of income and a Medical Certification for Cooling. She filed the verification of income and notified the Respondent that the medical certificate had been sent to the Central Florida Migrant and Community Health Center, Inc. This clinic closed, and Petitioner sought help from the clinic in Sanford, Florida. A physician there notified Petitioner by letter dated July 30, 1981 that the medical conditions required to show eligibility for cooling benefits could not be found on Petitioner's medical chart, and therefore he could not sign the medical certificate. Petitioner then sought help from her former physician, who signed the certificate, and Petitioner filed it on August 6, 1981. The Notice of Application Denial was dated July 25, 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: Ms. Sue Kammer 2500 Howell Branch Road, #349 Winter Park, Florida 32792 Samuel P. Stafford, Esquire David H. Pingree, Secretary Department of HRS Attn: Susan B. Kirkland, Esquire 400 West Robinson Street, Department of HRS Suite 912 1323 Winewood Boulevard Orlando, Florida 32801 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 James Burdett requested a hearing on March 13, 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 19, 198 Burdett, a white male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, no one receives food stamps, and no one else has applied for the low income energy assistance. He lives with six (6) other persons and receives a bill for use of fuel oil. By Notice of Application Denial mailed February 4, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household 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. Respondent presented three (3) exhibits which showed that Petitioner had a house old income for the month of January in excess of $1,016.00. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burdett's household income exceeds the income limit of $926.00 for a household of seven (7) 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: Mr. James Burdett 425 Arricola Avenue St. Augustine, Florida 32004 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Christie Neilsen requested a hearing by a letter written on March 25, 1981. After the required informal conference with a supervisor in respondent Department Petitioner requested a formal hearing. On January 15, 1981 Neilsen, a white male, filed a Household Application for low in home 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 with his wife and receives a bill for use of kerosene for heating. By Notice of Application Denial mailed February 10, 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. The action was taken by Respondent within 45 days of the application, and Petitioner was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the income limit by household size was unfair, especially since the price of fuel has increased. Under Rule 10 CER 80-11.D7, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Neilsen's household income exceeds the income limit of $418.00 for a household of two (2) persons.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 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: Mr. Christie Neilsen 1136 Winthrop Street Jacksonville, Florida 32206 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
The Issue The issue presented for decision herein is whether or not the Petitioner is eligible to receive benefits under the Low Income Home Energy Assistance Program.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings. On November 2, 1983, petitioner, Martha L. Abney, filed an application with Respondent for benefits under the Low Income Home Energy Assistance Program. Her application reflects that unemployment compensation benefits and child support payments were being received. Petitioner's application also revealed that she was a food stamp recipient. Respondent's assigned caseworker who processed Petitioner's claim attempted to obtain verification of Petitioner's income through the Food Stamp Case Record. That record did not show that there was any income in Petitioner's household for unemployment. Being unable to verify that income, Respondent's agent sent a notice requesting verification of the unemployment compensation to Petitioner on November 4, 1983. The date of November 18, 1983 was listed as the date that information needed to be forwarded back from Petitioner to Respondent. In that notice, Petitioner was warned that her application for Program Benefits would be denied if that verification was not provided. Petitioner did not respond by the requested date, i.e., November 18, 1983, and on November 21, 1983, Respondent's agent denied Petitioner's application for Program Benefits. On December 19, 1983, Petitioner visited the Respondent's office concerning her denial of Program Benefits and related that she had never received the notice requesting the verification of her unemployment compensation benefits. Petitioner complained during her December 19, 1983 visit to Respondent's office that she never received the notice requesting verification of income; however, she admits that she received the denial notice. In this regard, it was noted that the letter requesting verification of Petitioner's unemployment compensation and the denial letter were both addressed to the same address. Further, in this regard, it was noted that the Petitioner, during the hearing herein, admits that it was "possible" that she, in fact, received the notice requesting verification of her unemployment compensation benefits but that she could have mistakenly forwarded that requested information to the Unemployment Compensation Claims Office, an office apparently housed in the same building as the Respondent's local office. When Petitioner visited Respondent's office on December 19, 1983, she was given verification of her income by the Unemployment Claims Supervisor and that verification reveals that the Petitioner is entitled to three weeks of compensation on her unemployment claim at the rate of $69 per week. (Respondent's Exhibit 1)
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent enter a Final Order denying Petitioner's application for benefits under the Home Energy Assistance Program. RECOMMENDED this 7th day of September, 1984, in Tallahassee, Florida. JAMES E. BRADWELL, 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, 1984. COPIES FURNISHED: James Sawyer, Jr., Esquire District III Legal Counsel 1000 North East 16 Avenue, Building H Gainesville, Fl. 32601 Martha L. Abney 21352 Lehouier Drive Brooksville, Florida 33512 David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Michele Ann Matlock, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 15, 1983. After reviewing the application and determining that additional verification was needed, the Department requested additional verification of the Petitioner's income on November 16, 1983. According to the testimony of a Department employee, this verification was delivered by hand at the time the application was received; however, this testimony was not based on personal recollection but upon the fact that the copy of the letter bore no address. The Petitioner did not receive the Department's letter requesting additional verification of income. The time stamp reveals the application was received on November 15, 1983. The date of the letter of request was November 16, 1983. Clearly, the Department's letter was not contemporaneous with the receipt of the application. On December 8, 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 16, 1983. The Petitioner testified at hearing that her husband earned $640 per month (four weeks) during the period of eligibility determination. Petitioner, her husband, and her two children receive food stamps, live in Zone 4, heat with electricity, and constitute a family of four.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be redetermined based upon the income figures and family size provided in paragraph six of the Findings of Fact, supra. DONE and RECOMMENDED this 6th 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 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 1984. COPIES FURNISHED: Ms. Michele Ann Matlock 2990 Fourth Avenue, Apt. #56 Hudson, Florida 3567 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
The Issue Whether Petitioner is eligible for additional low income energy assistance under 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 David Harvey requested a hearing on April 8, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Harvey, 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 applied for the low income energy assistance. He lives alone in Jacksonville, Florida, has an income of $286.50 each month and receives a bill for the use of kerosene for heating purposes. Petitioner was issued a check in he amount of $200.00 to assist him in paying his heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly paid low income energy assistance Petitioner did not dispute the evidence presented by Respondent, the facts of his residence or income, or the type of fuel used but stated that kerosene was expensive and his primary source of heat. He had expected greater benefits since is bill was large and he is crippled and old. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting our (4) climatic regions and a chart for determining the amount of low income energy assistance heating payments for each of the our (4) regions based on monthly income of the applicant and the type of fuel used for fully vulnerable and partially vulnerable Households. The amount of $200.00 was the correct amount accordance to the chart under 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 David Harvey. DONE and ORDERED this 11th day of June, 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 June, 1981. COPIES FURNISHED: Mr. David Harvey 3138 Bridier Street Jacksonville, Florida 32206 Leo J. Stellwagen, Esquire Department of HRS 920 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
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 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
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
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
The Issue The matters presented concern the question of the entitlement of Petitioner to be granted low income home energy assistance.
Findings Of Fact Petitioner Barbara J. Eubanks resided at 1422 Madison Street, Palatka, Florida, from the middle of 1982 through the initial part of 1983. While residing at that address, Eubanks made application for low income energy assistance to heat her home. In particular, she applied for assistance related to natural gas. She made this application by appearing at an office staffed by Respondent. She utilized a form, namely, HRS-ES Form 1036-October 82. This form was provided by Respondent and is entitled Household Application for Home Energy Assistance. Question No. 8 on that form relates to the income of Petitioner, to include acknowledgment of income received from AFTC or SSI. That form does not by its terms indicate that income information must be documented through an official document, paper or photo copy for purposes of records of the Respondent, nor does it indicate that the application form related to income must be verified by actions of Respondent in checking departmental records or through telephone calls or personal contact with the source of the income or official of a living facility. Neither does the application form alert the applicant to the fact that the Respondent may request additional information related to verification of income by mailing out a separate request to the applicant with the expectation that the applicant shall respond to the request for additional information within no less than ten working days. Finally, Petitioner was not presented with a copy of Rule 10C-29.11, Florida Administrative Code, which deals with the verification and documentation process, to include the discussion of how documentation and verification is obtained by the Department. Consequently, Petitioner was unaware of the necessity for documentation or verification of her income information. Petitioner's Exhibit No. 1 admitted into evidence is a copy of the application submitted on November 26, 1982. Following a review of the application, Respondent determined that sufficient verification of income had not been provided to the agency. This decision was reached notwithstanding the fact that the application form did not explain the necessity for verification of income. After the determination, a Form HRS-ES 2650 was mailed to the address given by the applicant in her application document, requesting her to verify information related to her income. This request was sent out on December 13, 1983, and it instructed Petitioner to comply with the request for information on or before December 28, 1982. A copy of this form may be found as Respondent's Exhibit No. 1 admitted into evidence. The form was sent by ordinary mail and was not returned to the Respondent. At the time of its transmittal, Petitioner was a permanent resident at the 1422 Madison Street address; however, due to an illness she was living with her sister at another address in Palatka, Florida. It was Petitioner's expectation that any mail which she received at the Madison Street address would be forwarded to her by her stepmother. Petitioner did not receive the request for additional information in spite of the efforts by Respondent to transmit it to her and the efforts by Petitioner to receive her mail. During the course of her illness in November and December of 1982, she did not advise Respondent that she would be living at another address part-time. When Respondent failed to hear from Petitioner on the question of additional information related to income verification, it dispatched a Notice of Denial of Assistance on February 4, 1983. A copy of that notice of denial may be found as Petitioner's Exhibit No. 2 admitted into evidence. That notice advised the Petitioner that she had been denied her request for assistance for failing to provide information requested by offering a written response. Prior to the date of the notice of denial, Petitioner had not complied with the request for income information, being unmindful of that request. (In the year 1982, the Petitioner worked for approximately four weeks in the capacity of a laborer, in particular a field worker at $3.65 an hour wages.) Petitioner did receive notification of denial at her Madison Street address and in keeping with the opportunity expressed in that notification requested an administrative hearing to consider her entitlement to be granted the assistance. That request for administrative hearing was made on February 10, 1983. The matter was transmitted to the Division of Administrative Hearings on March 10, 1983, and a final hearing was scheduled for May 19, 1983. That hearing was not held because of the non-attendance of the Petitioner due to her incarceration. The hearing was subsequently rescheduled to be heard on August 31, 1983, after making arrangements to have Petitioner produced at the hearing by the Putnam County Sheriff's Office. The hearing was held on that date. At the time of hearing, the Respondent had been incarcerated for a period of approximately four months and is subject to release in November 1983. Upon her release, it is unknown where the Petitioner will reside.
