Findings Of Fact The Petitioner timely applied on November 30, 1984 for home energy assistance under the Low-Income Home Energy Assistance Program as authorized by Title XXVI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35). Petitioners' only income was "unearned income" which was their monthly social security benefit payments which totalled $561.00. No monthly medicare premiums were deducted from Petitioners' monthly social security payments. The Respondent in calculating Petitioners' verified monthly income added a total of $29.20 back into Petitioners' total monthly income of $561.00 for an adjusted total verified monthly income of $590.20. On April 10, 1985 Respondent officially notified Petitioners that the monthly income of $590.20 exceeded the monthly income limit ($560.00) for their household. Respondent upon discovering that medicare premiums were not deducted from Petitioners' monthly social security payments readjusted Petitioners' total verified household income to $561.00. Petitioners agree that their verified monthly income during the month of application was $561.00. The monthly income limit for a household the size of Petitioners' as determined under Rule lOC-29.13, Florida Administrative Code is $560.00. Petitioners had no excludable income. Other than exceeding the monthly income limit of $560.00 for household the size of Petitioners', the Petitioners were eligible for assistance under the Low-Income Home Energy Assistance Program.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent enter Final Order denying the Petitioners' application for assistance under the Low-Income Home Energy Assistance Program. Respectfully submitted and entered this 19th of August, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the clerk of the Division of Administrative Hearings this 19th day of August, 1985. COPIES FURNISHED: Harold Braynon, Esq. HRS District Ten Legal Counsel 201 West Broward Boulevard Fort Lauderdale, FL 33301-1885 Charles V. and Helen Tokarski 6804 N.W. 29th Street, Lot 1, Block 32 Margate, FL 33063 Susan Kirkland, Esq. Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32301 David Pingree Secretary 1323 Winewood Boulevard Tallahassee, FL 32301 ================================================================ =
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner timely submitted her application for home energy assistance and the respondent timely notified her that her application had been denied for the reason that her household income exceeded the limit for her household size. Petitioner Randolph resides with her fourteen year old daughter and receives Social Security income in the monthly amount of $522.00. For a household with two persons, the maximum monthly income consistent with eligibility for benefits under the Low-Income Home Energy Assistance Program is $474.00. Rule 10C-29.13(5)(a), Florida Administrative Code. Petitioner Randolph uses oxygen on a twenty-four hour daily basis, and needs to use air conditioning in her home due to a chronic pulmonary condition. This condition, as well as other physical ailments, results in substantial medical bills on a monthly basis.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that petitioner's application for benefits under the Low-Income Home Energy Assistance Program be DENIED. Respectfully submitted and entered this 21st day of June, 1982, in Tallahassee, Florida. DIANE D. TREMOR 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 21st day of June, 1982. COPIES FURNISHED: Mary F. Randolph 9310 Grandfield Road #A Thonotosassa, Florida 33592 Amelia Park, Esquire District VI Legal Counsel W. T. Edwards Facility 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 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 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
Findings Of Fact Petitioner, Nina L. Simpson, filed an application for low income home energy assistance with respondent, Department of Health and Rehabilitative Services (HRS), on December 10, 1983. The application reflected that Simpson lives with her husband and seven children and had a mailing address at Post Office Box 232, Lehigh Acres, Florida. She used a mailing address instead of her street address (Balfour Terrace, Sunnybrook Farms) because she lived in a distant unincorporated area somewhere between Lehigh Acres and Fort Myers, and her mail was frequently misplaced until she took a post office box. The application was received by HRS on December 13, 1983. The application was later reviewed by an unidentified HRS worker who found the application complete except for the fact that Simpson gave a mailing address instead of her street address. Accordingly, the worker mailed Simpson an HRS SES 2009 Form apparently around January 12, 1984 requesting the following additional information: I need your residence address. Please call us at the office as soon as possible or send me back this letter with the information. The request also stated that the information had to be filed no later than January 26, 1984, or the application would be denied. Simpson never received the request for information. She attributed this to an apparent mix-up in the mail or an error on the part of HRS since she received during this time Medicaid notices for two other individuals sent to her by error from the local HRS office. Had she received the request, she would have promptly supplied the information. The only correspondence she received from HRS was a notice of denial mailed to her on February 8, 1984. That prompted the instant proceeding. Except for the failure to give a street address on her application, Simpson was qualified to receive a $97 home energy assistance payment. Although Simpson was entitled to an interview with an HRS supervisor prior to the formal hearing as required by Rule 10C-29.17(4), Florida Administrative Code, in an effort to amicably resolve this matter, she was not afforded such an interview.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Nina L. Simpson for low income home energy assistance be GRANTED. DONE and ENTERED this 3rd day of August, 1984, 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 August, 1984. COPIES FURNISHED: Mr. David H. Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301 Nina Simpson P.O. Box 232 Lehigh Acres, Florida 33936 Anthony N. Deluccia, Jr., Esquire P.O. Box 06085 Fort Myers, Florida 33906
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rules 10 CER 81-5 through 81-13, Low Income Energy Assistance Program, amended by Rules 10 CER 81-16 and 81-17, Florida Administrative Code.
Findings Of Fact Petitioner James Benjamin Stallworth requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 8, 1981 Stallworth, a black male who lives with one (1) other person, filed a Household Application for low income energy assistance. He was notified that the application must be accompanied by a Medical Certification for Cooling, and was requested to submit the certificate that had been forwarded to him. The medical certificate filed was not completed but the physician wrote the word "denied" before his signature.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered by the Respondent Department of Health and Rehabilitative Services denying low income energy benefits to Petitioner. DONE and ORDERED this 11 day of December, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1981. COPIES FURNISHED: James B. Stallworth Route 5, Box 61 Elbert Lane Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of HRS 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. Pingree, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
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 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 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
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
