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
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 lives alone in a public housing project where she pays only a portion of her rent. She has extraordinary medical expenses as a result of a degenerative disease. Petitioner receives $377 monthly in Social Security benefits. After deducting the premium for Medicare, Petitioner's income is $360. Petitioner made application for low income energy assistance benefits for her home cooling costs. Respondent denied that application for benefits for the sole reason that Petitioner's income exceeds the maximum income permitted.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for Low-Income Home Energy Assistance Program benefits. RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1982. COPIES FURNISHED: Ms. Patricia Margaret Remer 1310 Northwest 16th Street Apartment 410 Miami, Florida 33125 Leonard Helfand, Esquire Department of Health and Rehabilitative Services 401 Northwest Second Avenue Suite 1040 Miami, Florida 33128 Mr. David 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; 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 Petitioners Dorothy and Willie Taylor, who live with three (3) other persons, filed a Household Application for low income energy assistance. On July 21, 1981 they were reminded to send in a Medical Certification for Cooling (Form 137, May '81) by August 4, 1981 so that their eligibility for benefits could be determined. No medical statement form was submitted by Petitioners. Thereafter, on August 28, 1981, they were notified that their application was denied for the reason that the required information to show eligibility for benefits had not been submitted. Petitioner did not dispute the evidence and testimony presented by Respondent but offered as evidence a signed Medical Certification for Cooling showing that Petitioners were not in need of cooling for a medical condition which requires controlled temperature to prevent adverse effects which would be life-threatening.
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 Petitioners. DONE and ORDERED this 3rd day of February, 1982, 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 3rd day of January, 1982. COPIES FURNISHED: Mr. and Mrs. Willie Taylor David H. Pingree, Secretary 952 North 46th Avenue Attn: Susan B. Kirkland, Esquire Pensacola, Florida 32546 Department of HRS Building One, Room 406 Jon W. Searcy, Esquire 1323 Winewood Boulevard Department of HRS Tallahassee, Florida 32301 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576
Findings Of Fact On April 21, 1982, Petitioner, Darnell Hunter, filed an application for energy assistance under the Low Income Energy Assistance Program with Respondent, Department of Health and Rehabilitative Services. The application was completed and signed by Jodi Fischer, a social worker with the Broward Center for the Blind. The application was accompanied by a letter from Fischer which explained that Hunter was in the hospital undergoing surgery and had given his permission for Fischer to sign the application on his behalf. The application was received at Respondent's Fort Lauderdale District Office on April 23, 1982, which was the last day for filing applications under the program. Based upon a review of the application, it was denied by letter dated May 25, 1982, on the ground Hunter "did not sign and date the application (himself)." Thereafter, Petitioner requested an administrative hearing to appeal the Department's decision. Petitioner died on August 30, 1982, which was the day prior to the final hearing. When the application was filed, Petitioner resided alone in his household. The total countable monthly income far the household during April, 1982, was $344. This amount was less than the monthly income limitation of $359 for households having one person. Therefore, Hunter was otherwise eligible for assistance based upon his April income. Under normal procedure, the Department has a representative visit an applicant whenever an application is incomplete, or does not contain the signature of the applicant because Respondent did not discover that Fischer had signed the application on behalf of Hunter until after the time for filing applications had expired, it did not avail itself of this procedure. It construed the application as being unacceptable from the date of filing, and contends that no remedy exists under the circumstances to cure the defect.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Darnell Hunter for energy assistance be DENIED. DONE and ENTERED this 7th day of September, 1982. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of September, 1982. COPIES FURNISHED: Ms. Jodi Fischer Hearings Broward Center for the Blind 650 North Andrews Avenue Fort Lauderdale, Florida 33311 Ms. Nancy Tango Department of HRS 201 West Broward Boulevard Fort Lauderdale, Florida 33301
Findings Of Fact The Department has stipulated to the facts as set forth on the Application filed by the Petitioner on November 2, 1983. These include the following: The Petitioner, Elaine Denegal filed an application for Low Income Home Energy Assistance on November 2, 1983. This application showed the Petitioner's household to consist of six members including herself, all of whom resided in Belleview, Florida. The Petitioner had monthly income of $231.00 from her benefits under the Aid to Families with Dependent Children program. No other family member had income. The source of heat in the Petitioner's home was electricity. The amount of Low Income Home Energy Assistance benefits paid to the Petitioner was calculated by subtracting one from the household size (six), and multiplying the balance (five) by $25.00; by subtracting this amount ($125.00) from the gross household income ($231.00); and by using the remaining income ($106.00) to obtain the payment level for households in climatic region 3 when electricity is the household heat source. By means of this method, the Department found that benefits in the amount of $146.00 were due the Petitioner, and a check for this amount was issued to the Petitioner.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter its Final Order dismissing the application of Elaine Denegal for the reason that benefits payable to her under the Low Income Home Energy Assistance program have been paid. THIS RECOMMENDED ORDER entered this 20th day of April, 1984, 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 20th day of April, 1984. COPIES FURNISHED: Elaine Denegal 12498 Southeast 95th Terrace Belleview, Florida 32620 James A. Sawyer, Jr., Esquire District Legal Counsel 1000 Northeast 16th Avenue Building H Gainesville, Florida 32601 David Pingree, Secretary Department of HRS 1323 Winewood Boulevard Tallahassee, Florida 32301 Alicia Jacobs, General Counsel Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
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
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 Shirley Fedd requested a hearing on March 19, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 2, 1981 Fedd, 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 with four (4) other persons in Jacksonville, Florida in a project, Outrigger Apartments, receives food stamps, and receives a bill for the use of electricity for heating purposes. Her household income is $275.00 per month. Petitioner was issued a check in the amount of $81.00 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 electricity was expensive and her primary source of heat. She had expected more money since others with fewer children had received more benefits under the program. 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 heating payments for each of the four (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 $81.00 was the correct amount according 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 Shirley Fedd. DONE and ORDERED this 15th day of June, 1981 percent 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 15th day of June, 1981. COPIES FURNISHED: Ms. Shirley Fedd 301 Caravan Trail, No. 288 Jacksonville, Florida 32216 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 Edna Griffin requested a hearing on April 2, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Griffin, a white 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 Bell, 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 as promptly paid low income energy assistance benefits. Petitioner, who is 90 years old, did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that her house is old and wood is expensive and her primary source of heat, although he uses other types of fuel at times. She had expected a larger heck since others, who had more money than she, had received more benefits under the program. 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 heating payments for each of the four (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 547.00 was the correct amount according to he 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 Edna Griffin. 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: Edna Griffin Route 1, Box 140 Bell, Florida 32619 Joseph E. Hodges, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
