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 Ethel C. Armstrong requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 27, 1981 Armstrong, a seventy-seven (77) year old woman who lives alone, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. By Notice of Application Denial Petitioner was informed the she was denied assistance for the reason that her monthly household income exceeded the maximum income limits for a household of her size. The action was taken 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 felt that assistance should have been based on need. Armstrong's monthly household income during the month of her application was at least $322.30.
Recommendation Based on the for going 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 15th day of December, 1981, in Tallahassee, 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 15th day of December, 1981. COPIES FURNISHED: Ms. Ethel C. Armstrong 2207 Olney Road Lakeland, Florida 33801 Anthony N. DeLuccia, Jr., Esquire Department of HRS 8800 Cleveland Avenue, South Post Office Box 06085 Fort Myers, Florida 33907 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 Petitioner, Harry M. Noland, Jr., learned of the low income energy assistance program through a notice received with his telephone bill. That program is administered by respondent, Department of Health and Rehabilitative Services (HRS). On December 6, 1983 Noland filled out an application for low income energy assistance at the Cocoa office of HRS. He did so after being advised by HRS personnel that he was qualified to do so. The application indicated that Noland resided with his wife at 3915 Indian River Drive, Cocoa, Florida. It also reflected that he and his wife had no income whatsoever at the time the application was filed, but that he had applied for food stamps. The application was reviewed by a Ms. J. Bunch, an HRS temporary worker, who sent Noland a "request for information" on December 6, 1983. It read as follows: Needed is your income for the month of December, 1983. If you receives (sic) Social Security or SSI a letter from the Social Security office is needed, if you are working a verification of income form is enclosed to be filled out by employer and return it to this office. If you are unemployed a statement is needed explaining how you (are) paying expenses. The statement has to (be) signed and dated and (send) it to this office. The notice stated that the above information had to be brought or mailed to the office no later than December 20, 1983 or the application would be denied. Noland received the above notice and on December 15 prepared the following written reply: This is to verify that I have been unemployed since September 30, 1983, and presently have no prospects for employment. He hand-delivered his reply to Ms. Bunch the same day. She asked how he was paying his current expenses, and Noland told her he had no funds and was therefore unable to pay any current bills and expenses. Bunch accepted this oral reply, told Noland it was "okay", and gave him the impression that no further information was needed to comply with the notice mailed on December 6. In December, 1983 HRS policy was for the program workers to make a written notation in an applicant's file when any clarifying information was obtained by telephone or when the applicant (Noland) was personally interviewed. For some unexplained reason, no written notation was made by Bunch in Noland's file. Noland was not told by Bunch that his application was still incomplete, and she did not request him to put his oral reply in writing. Had she done so, Noland would have provided further written information on a timely basis. Except for the "incomplete" written reply, Noland otherwise qualified for assistance. At a later undisclosed date, Noland's application was reviewed and found to be deficient because he had not fully responded to the "request for information". Thereafter, it sent a notice of denial to Noland on February 15, 1984. That prompted the instant proceeding. HRS processed some 3,287 applications at its Cocoa office between November 1 and December 16, 1983, the last day for filing the same. Only three temporary workers were employed to perform this task. The HRS representative testified that workers were extremely busy during the time Noland visited the Cocoa office due to the manpower shortage and time constraints imposed on that office.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Harry M. Noland, Jr. for low income energy assistance be approved and that he be given the appropriate benefits under Rule 10C-29.19, Florida Administrative Code. DONE and ENTERED this 3rd day of April, 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 April, 1984. COPIES FURNISHED: Mr. Harry M. Noland, Jr. 3915 Indiana River Drive Cocoa, Florida 32922 Gary L. Clark, Esquire 400 West Robinson Street Suite 912 Orlando, Florida 32801 David H. Pingree, Secretary 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact Petitioner Samuel Gumpee requested a hearing by a letter received in the office of Respondent on July 31, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On June 5, 1981 Gumpee, a black male, filed a Household Application for low income energy assistance with the required Medical Certification for Cooling. He lives with one other person and receives food stamps. By Notice of Application Denial mailed June 26, 1981 Petitioner was informed that he was denied assistance for the reason that his monthly household income exceeded the maximum income limits for a household of his size. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but felt that assistance should have been based on need and that medicare payments should not be counted as monthly income. Petitioner Gumpee's monthly household income during the month of his application was $420.00.
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 17th day of September, 1981, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1981. COPIES FURNISHED: Mr. Samuel Gumpee 1011 Hamilton Avenue Panama City, Florida 32401 John L. Pearce, Esquire Department of HRS 2639 North Monroe Street, Suite 200-A Tallahassee, Florida 32303 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 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
The Issue Whether Petitioner was properly denied home energy assistance.
Findings Of Fact Petitioner holds two employment positions: one as a cleaning lady for Mr. Harry Schuttlekotte, who resides in Longwood, Florida, and from whom she earns $30 per week; and Mr. J. W. Schuttlekotte, who resides in Altamonte Springs, Florida, from whom she earns $60 per week as a cleaning lady. Both figures are net income (take home pay). In addition to the above, she receives $127 per month from AFDC, which started in August, 1982, and food stamps in the amount of $90 per month. Petitioner's family unit consists of herself, her 21-year-old student daughter (no income), and her 5-year-old grandson. She is buying her own home (with a mortgage) and owns her own car. She has no other property worth over $500. On November 22, 1982, she applied for Low Income Energy Assistance Program (LIEAP) assistance by filing an HRS-ES Form 1036 with the Respondent's office on South Orange Blossom Trail in Orlando. On the form, she listed the members of her family unit, her earned income as $300 per month, and denied receiving AFDC payments. Her testimony, as outlined in Paragraph (1) above, reveals these entries to be false. When Theodora Bookhardt, an employee of Respondent, was processing Petitioner's application a short while later, she saw where Petitioner indicated she was receiving food stamps and decided to verify Petitioner's employment income through the food stamp computer which would have that information. She could find no verification in that computer. As a result, on December 8, 1982, she wrote to Petitioner requesting her to furnish verification of her employment and income. Petitioner did not respond to that letter, so on December 29, 1982, she sent petitioner another letter requesting the same information, and again received no response. In each case, the letter sent to Petitioner contained a deadline for response which, in the latter case, was January 11, 1983. On January 17, 1983, six days beyond the deadline, having received no visit, calls or messages from the Petitioner, or verification of income as requested, Ms. Bookhardt denied Petitioner's application. Petitioner acknowledges receipt of the first letter from Ms. Bookhardt, but denies timely receipt of the second. While it arrived at her home in a timely fashion, her daughter misplaced it without her seeing it when it arrived. Petitioner states that when she received the first letter, she tried to call Ms. Bookhardt, but could not reach her. She also states that when she found the second letter she again tried to reach Ms. Bookhardt several times to explain that she was having difficulty getting verification statements from her employers, but could not do so. I find that Ms. McBride did make some effort to reach Ms. Bookhardt, but did not follow up to ensure the Respondent had the information or an explanation that was required. She finally received her verification letters from her employers in February, 1983, though they were dated January 18, 1983, in both cases. Coincidentally, the LIEAP assistance was denied on January 17, 1983, and the verification letters are both dated one day later though they came from different people in different locations and appear to be typed on the same typewriter. The day after she received them, on February 17, 1983, she took them to Respondent's office where she made her application for assistance and gave them to a man who was working there. Dominic Leone was unit manager for the Orlando LIEAP program for Respondent from November, 1982, to February, 1983. He was familiar with Ms. McBride's situation from having talked with Ms. Bookhardt. Ms. McBride contacted him on February 17, 1983, to submit the letters from her employers. By that time, the LIEAP staff had been all but disbanded and consisted only of himself and a clerk. Though he had the discretion to grant the assistance, in light of the two unanswered requests for information, the lateness of filing the verification, and the fact that a search of the office files revealed no record of any contact by Petitioner regarding her difficulty in securing the verification, to grant her the assistance requested would be unfair to other applicants who had been denied, because their verification was late. In light of the false information on the application form submitted by Ms. McBride regarding her receipt of AFDC payments and the amount of her income, the coincidental dating of the verification forms one day after denial of her request, the late filing of those forms even after denial, and the unlikely chance that Ms. Bookhardt would fail to receive or fail to return at least one call from Ms. McBride, I find that she made no substantial effort to provide the requested verification information or to explain her failure until faced with the fact that her request was denied.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Department of Health and Rehabilitative Services deny Petitioner's application for low income energy assistance benefits. RECOMMENDED this 11th day of May, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 May, 1983. COPIES FURNISHED: Barry Laboda, Esquire 880 North Orange Avenue Orlando, Florida 32801 Gerry L. Clark, Esquire Assistant District Counsel Department of Health and Rehabilitative Services 400 West Robinson Street Orlando, Florida 32801 Mr. David Pingree Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Chapter 80-167, Laws of Florida; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4.08 through 4.11, Florida Administrative Code.
Findings Of Fact Petitioner Charlie Burch requested a hearing by letter of February 19, 1981 and by letter of March 18, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner failed to appear at the first hearing scheduled but requested that he be heard at a future date and appeared at the second hearing. On January 9, 1981 Burch, 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 has applied for the low income energy assistance. He receives food stamps, lives with one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed February 5, 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. Action was taken by Respondent within 45 days of Petitioner's application, and he 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 with his wife's illness and other high bills. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Burch's household income exceeds the income limit of $418.00 for a household of two (2) persons.
Recommendation Based on the foregoing Finding's of Fact and Conclusions of Law the Hearing' Officer recommends that low income energy benefits be denied Petitioner. DONE and ORDERED this 1st day of May, 1981, 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 1st day of May, 1981. COPIES FURNISHED: Mr. Charlie Burch Post Office Box 15 Pomona Park, Florida 32081 Alvin J. Taylor, Secretary Joseph E. Hodges, Esq. Attn: Susan B. Kirkland, Esquire Department of HRS Department of HRS 2002 NW 13th Street Building One, Room 406 Oak Park Executive Square 1323 Winewood Boulevard Gainesville, Florida 32601 Tallahassee, Florida 32301
Findings Of Fact Petitioner Frank Selecky requested a hearing by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 8, 1981 Selecky, a white 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 has applied for the low income energy assistance. He lives alone and receives a bill for use of liquid propane for heating. By Notice of Application Denial mailed February 18, 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. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the in come limit by household size was unfair, especially since he has no kidneys, is on dialysis, has large medical and automobile fuel bills and is sixty-nine (69) years old. He has had difficulty in collecting his insurance reimbursement. Under Rule 10 CER 80-11.07, Florida Administrative Code, and the applicable chart Petitioner Selecky's income exceeds the income limit of $316.00 for a household of one person.
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 6th day of April, 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 6th day of April, 1981. COPIES FURNISHED: Mr. Frank Selecky Route 2, Box 985 Webster, Florida 33597 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 Susan B. Kirkland, Esquire Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact By application for Home Energy Assistance dated November 16, 1982 (Exhibit 1) , Ora Andrews, Petitioner, listed her name, the names of her three daughters, and four of their nine children on the eight lines on the application form as occupants of the same household. She also included total family income of $1,239 per month. On a separate page she listed the names of her other five grandchildren living in her household and mailed these documents to Respondent. When the energy benefits for Petitioner were computed, the second sheet had become separated from the application, the benefit was computed for an eight-member household (including the applicant), and Petitioner was forwarded a check for $13, presumably the low income home energy assistance to which an applicant with the income reported by Petitioner in an eight-member household was entitled. Maximum income below which a household may be eligible for home energy assistance is $1,288 per month. Accordingly, Petitioner qualified for such assistance. By the time thin application was submitted, Respondent had sufficient funds for only partial payment of the maximum amount authorized and had established, by emergency rule, the amounts to be paid under modified tables similar to the tables listed in 10C-29.19(4), Florida Administrative Code. The amount payable under this emergency rule was not presented at the hearing. Neither Respondent's sole witness nor Respondent's attorney presented any evidence to show how the benefit received by Petitioner was computed, the rules under which the benefit was computed, or other evidence to show the $13 paid to Petitioner was, indeed, correct.
Findings Of Fact Petitioner Ralph Risse requested a hearing by a letter received in the office of Respondent on April 1, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On February 3, 1981 Risse, a white male, filed a Household Application for low income energy assistance. No one in his household receives food stamps or is a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. He lives with one other person and receives a bill for use of electricity for heating. By Notice of Application Denial mailed March 24, 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. Action was taken by Respondent within 45 days of Petitioner's application, and he was promptly notified of the reason for denial of benefits. Petitioner did not dispute the evidence presented by Respondent Department but was convinced the program was unfair. The definition of income for the program is contrary to the definition relative to that given him at the Social Security office and at the Internal Revenue Service. He also believes the interest he pays on a loan should be deducted from his income. Petitioner further stated that the illegal aliens are subsidized to the detriment of the American people. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner Risse'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 1st 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 1st day of May, 1981. COPIES FURNISHED: Mr. Ralph Risse 5941 NE 21st Lane Fort Lauderdale, Florida 33308 Harold L. Braynon, Esquire Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301 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 Chapter 80-167, Laws of Florida Rule 10 CER 80-11 amended by 10 CER 81-4.08 through 4.11. Florida Administrative Code.
Findings Of Fact Petitioner Olga McDonald requested a hearing by telephone and by a letter received in the office of Respondent on March 4, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 26, 1981 McDonald, a Hispanic female, filed a household application for low income energy assistance. Petitioner receives food stamps, no one in her household is handicapped or a migrant or migrant farm worker, and no one else has applied for the low income energy assistance. She lives in a household with four (4) other people and receives a hill for use of electricity for heating. By Notice of Application Denial mailed February 11, 1981 Petitioner was informed that she was denied assistance for the reason that her adjusted monthly income exceeded $723.00, the maximum income limit for a household of her size. Petitioner did not dispute the evidence presented by Respondent Department although she had indicated a lower weakly earned family income on her application, but was convinced the income limit by household size was unfair. She also felt the action taken denying her benefits was unfair because her adjusted gross income was only $2.00 above the cutoff for eligibility. Under Rule 10 CER 80-11.07 and the applicable chart Petitioner McDonald's household exceeds the income limit of $723.00 for a household of five (5) persons. Action was taken by Respondent within 45 days of Petitioner's application, and she was promptly notified of the reason for denial of benefits.
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 27th day of March, 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 27th day of March, 1981. COPIES FURNISHED: Mrs. Olga McDonald 2523 West Emma Circle Tampa, Florida 33614 Janice Sortor, Esquire Department of HRS W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 Susan B. Kirkland, Esquire Department of HRS 1317 Winewood Boulevard Tallahassee, Florida 32301 Mr. Alvin J. Taylor Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
