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 Petitioner Roslyn Moody requested a hearing by a letter received in the office of Respondent on May 7, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 6, 198 Moody, a white female, filed a Household Application for low income energy assistance. She lives alone in an apartment in the Hotel Putman for which she pays $225.00 rent each month. She cleans her own apartment, does her own laundry and pays for the soap and other necessary items. She receives no bill for heating fuel, and her rent has not increased during the past year. The hotel in which she lives is subsidized by HUD, and Petitioner is charged a flat rental fee. She is not charged for excess utilities or a utility surcharge which includes heating costs. By Notice of Application Denial mailed January 6, 1981 Petitioner was informed that she was denied assistance for the reason that she is not responsible for paying her heating bill and therefore is not eligible for the program benefits. The vulnerability of Hotel Putman and Petitioner was provided by the hotel operator upon inquiry by the Respondent. 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 did not dispute the evidence presented by Respondent Department but as convinced that she should be eligible since she pays rent and the cost of her own upkeep and her income is low.
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 8th day of June, 1981, in Tallahassee, Leon County, Florida DELPHENE C. STRICKLAND Hearing Officer on of Administrative Hearings The Oakland Building 200 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June, 1981. COPIES FURNISHED: Ms. Roslyn Moody 225 West New York Avenue Hotel Putman - Apt. 419 Deland, Florida 32720 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 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 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
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
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.
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
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 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 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
