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 Mary Cecelia Williams requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 28, 1981 Williams, a black female who lives with two other person , filed a Household Application for low income energy assistance together with a medical certificate (Form 137 May 81) which had the words "which would be life-threatening" crossed out by the physician. She was notified on July 2, 1981 that the application was denied for the reason that the physician did not indicate the need for cooling services was life-threatening. Petitioner did not dispute the fact the medical certification was altered but stated at the hearing that she had no money to see another physician. Both Petitioner and her son have breathing difficulties and she believes her application for cooling benefits should be reconsidered.
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 Department of Administration 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: Mary Cecelia Williams 1112 NW Seventh Avenue Gainesville, Florida 32601 James Sawyer, Esquire Department of HRS 2002 NW 13th Street Oak Park Executive Square Gainesville, Florida 32601 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 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 Petitioner and his wife live together in subsidized housing on Miami Beach. They are both disabled, and they receive a combined monthly income of $421 in social security benefits. They have no other income, earned or unearned. Petitioner made application for low income energy assistance benefits for his home cooling costs. Respondent denied that application for benefits since the maximum monthly income for a two-person household is $418. Except for exceeding the maximum income limit, Petitioner is otherwise eligible for low income energy assistance benefits. A lady who assists Petitioner in caring for himself and his wife stays with them two or three nights a week. Petitioner pays her a few dollars a day when he is able and charges her nothing for any meals or for her room when she stays with Petitioner and his wife. This same lady also spends several nights a week with a friend of Petitioner's, and she has her own apartment for which she pays rent.
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 Energy Assistance Program benefits. RECOMMENDED this , 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 2nd day of December, 1981. COPIES FURNISHED: Eugene Cash 245 Ninth Street, Apt. 4 Miami Beach, Florida 33139 Leonard Helfand, Esquire District XI Legal Counsel Department of Health and Rehabilitative Services 401 N.W. Second Avenue, Suite 1040 Miami, Florida 33128 Mr. David Pingree, Secretary Department of Health and Rehabilitative Services 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.
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 27, 1984, Petitioner filed an application for assistance and benefits under the Low Income Home Energy Assistance Program (LEAP). Her application was timely reviewed by Linda Peterson, an analyst with the Respondent who is involved with the processing of applications received under the LEAP program. (Respondent's Composite Exhibit 1) Petitioner's application revealed that she received $435 during the month of November 1984, the month of her application for benefits under the LEAP program. By written notice dated February 6, 1985, Petitioner was advised that her application for assistance under the LEAP program was denied in accordance witch Chapter 409.026 and .508, Florida Statutes, and Rules 10C- 29.05, .09 and .13, Florida Administrative Code. Specifically, she was advised that her gross cash income received was $435 and that the maximum monthly income limit for her household during the month of application was $415. As stated, Petitioner, or a representative on her behalf, did not appear at the hearing.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent, Department of Health and Rehabilitative Services, enter a final order denying Petitioner's application for assistance under the Low Income Home Energy Assistance Program. RECOMMENDED this 28th day of June, 1985, 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 28th day of June, 1985.
The Issue Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner David Harvey requested a hearing on April 8, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 6, 1981 Harvey, a black male, filed a Household Application for low income energy assistance. No one in his household is a migrant or migrant farm worker, and no one else applied for the low income energy assistance. He lives alone in Jacksonville, Florida, has an income of $286.50 each month and receives a bill for the use of kerosene for heating purposes. Petitioner was issued a check in he amount of $200.00 to assist him in paying his heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and he was promptly paid low income energy assistance Petitioner did not dispute the evidence presented by Respondent, the facts of his residence or income, or the type of fuel used but stated that kerosene was expensive and his primary source of heat. He had expected greater benefits since is bill was large and he is crippled and old. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting our (4) climatic regions and a chart for determining the amount of low income energy assistance heating payments for each of the our (4) regions based on monthly income of the applicant and the type of fuel used for fully vulnerable and partially vulnerable Households. The amount of $200.00 was the correct amount accordance to the chart under the facts provided by Petitioner.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered approving the amount of Low Income Energy Assistance Program benefits allocated to Petitioner David Harvey. DONE and ORDERED this 11th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of June, 1981. COPIES FURNISHED: Mr. David Harvey 3138 Bridier Street Jacksonville, Florida 32206 Leo J. Stellwagen, Esquire Department of HRS 920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner is eligible for low income energy assistance as provided in Section 409.508, Florida Statutes (1980), Home Energy Assistance Program; 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 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. Respondent Department of Health and Rehabilitative Services was designated in Section 409.508, Florida Statutes 1980) , Home Energy Assistance Program, as the state agency to administer the Federal Home Energy Assistance Program as provided in Title III, Public Law 96-223, "Home Energy Assistance Act of 980." Pursuant thereto Respondent instituted the Low Income Energy Assistance Program. A timely Household Application for benefits on an approved form was received from Petitioner. The application was promptly processed by the Respondent Department. A Notice of application Denial was mailed to Petitioner notifying him that his household income exceeded the monthly income and therefore he was ineligible for benefits. Petitioner made a timely request for a hearing. After an informal conference with a supervisor of Respondent Department this administrative hearing was scheduled. immediately prior to commencement of the hearing, in the presence of all parties, Petitioner was advised of his rights and instructed as to the procedures to be followed at the hearing. Respondent's witness offered four (4) composite exhibits which were entered as evidence.
Findings Of Fact Petitioner Fernando Torres requested a hearing by a letter received in the office of Respondent on March 2, 1981. After the required informal conference with a supervisor in the Respondent Department Petitioner requested a formal hearing. On January 13, 1981 Torres, a Hispanic 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 electricity 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. The action was taken by Respondent within 45 days of Petitioner's application, and he as 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, particularly since the cost of living has increased. Petitioner Torres' monthly household income is $847.60. Under Rule 10 CER 80-11.07, Determination of Eligibility Based on Income, Florida Administrative Code, and the applicable chart Petitioner'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 21st 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 21st day of May, 1981. COPIES FURNISHED: Mr. Fernando Torres 2224 Lime Tree Drive Edgewater, Florida 32032 Paul C. Doyle, Esquire Department of HRS 5920 Arlington Expressway Post Office Box 2417-F Jacksonville, Florida 32231 Alvin J. Taylor, Secretary Attn: Susan B. Kirkland, Esquire Department of HRS Building One, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Cheryl Gayheart, applied for low income home energy assistance payments by an application filed with the Department of Health and Rehabilitative Services at its New Port Richey service center on November 18, 1983. After reviewing the application and determining that additional verification was needed, the Department sent a letter to Petitioner requesting additional verification of the Petitioner's income on November 22, 1983, by United States Mail at the following address: 7 Sunnydale Street, Hudson, Florida 33568 The Petitioner did not receive the Department's letter requesting additional verification of income. The zip code used by the Petitioner on her application, as indicated above, was 33568. This was the wrong zip code for the area to which the Petitioner had recently moved. The correct zip code should have been 33567. On December 6, 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 22, 1983. Prior to the deadline of the program, the Petitioner contracted the Department through the local food stamp office concerning her pending application for low income home energy assistance. At that time, she was told that she would hear from the Department concerning her application. The first notice she received from the Department was notice of the denial of her application. The Petitioner testified at hearing that she earned $3.70 per hour for eight hours four days per week at all times relative to her application. She and her two children receive food stamps, live in Zone 4, and constitute a family of three.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, and because the Petitioner contacted the Department prior to the deadline concerning her pending application and was not advised of the pending request for additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be reinstated. Further, it is recommended that the Petitioner receive low income home energy assistance benefits based upon the income figures and family size provided in paragraph seven 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. Cheryl Gayheart 7 Sunnydale Street Hudson, Florida 33568 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 Mary L. Sullivan requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On July 2, 1981 Sullivan, at that time living with her husband and three (3) children, 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 word "denied" before he signed the form. No medical condition was checked on the form to show that Petitioner was in need of a controlled temperature to prevent adverse effects which would be life-threatening. Petitioner did not dispute the evidence presented by Respondent Department but testified that she suffers from diabetes and her husband had died of a cardiac condition subsequent to her application for cooling benefits. Her testimony was corroborated by her son who testified as her witness. Petitioner and her son stated that the physician who signed the Medical Certification for Cooling was not her physician and produced a number of prescription containers with her name and the name of a physician other than the physician who signed the certificate denying a medical need for cooling.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that Petitioner be granted thirty (30) days in which to submit a medical statement from her attending physician. If the certificate submitted shows that a medical need for cooling existed at the time of Petitioner's application, low income energy assistance benefits should be granted Petitioner. If no certificate is submitted within thirty (30) days from the date hereof, or if the medical statement submitted fails to show the requisite need, benefits should be denied, and a Final Order denying benefits should be entered. DONE and ORDERED this 2nd 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 2nd day of February, 1982. COPIES FURNISHED: Ms. Mary L. Sullivan 805 East Strong Street Pensacola, Florida 32501 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
