Findings Of Fact The Petitioner was the recipient of approximately $50 per month in low income home energy assistance benefits in the assistance period immediately prior to the one at issue. She is a grandmother and is raising six grandchildren in her home. Her only income is social security and Aide to Families with Dependent Children (AFDC) benefits. There is no dispute in this proceeding that the Petitioner is financially qualified to receive the subject low income home energy assistance benefits. The Petitioner requires the subject benefits in order to pay for fuel oil and gas for home heating and cooking. Sometime in December, 1982, the Petitioner received an application form for the subject benefits from the HRS office in Gainesville, Florida. She filled out the form and gave it to her niece, Charlotte Bright, who testified in this proceeding, for mailing. Charlotte Bright mailed the form on the evening of December 26, 1982, in Gainesville. She looked on the mailbox in which she mailed the letter, and observed that the posted times for the Postal Service to pick-up letters from that box were at 3:00 p.m. and 5:00 p.m. that day. Accordingly, she realized that the letter could not be postmarked until December 27, 1982. She had earlier been told by an employee of the Respondent that a postmark of December 27, 1982, was acceptable. Accordingly, being conscious of the requirement that the letter be mailed so as to be postmarked on the 27th and knowing that the 5:00 p.m. pick-up deadline for the 26th had already passed, she wrote on the envelope (which is in evidence in this proceeding as Respondent's Exhibit 2) the following language, "I mailed this letter December 27, 1982, before 12:00 midnight, please accept this letter." In fact, although she mailed the letter on the 26th and wrote the notation regarding its mailing time to the effect that it was mailed effectively on December 27, the letter was shown to have been picked-up in Gainesville, taken to Jacksonville where it was postmarked on December 28, 1982, and then returned to Gainesville for ultimate delivery to the Respondent, which occurred on approximately December 29 or 30, 1982. It was Ms. Bright's belief, in acting on behalf of the Petitioner, that by mailing the letter in such a way for delivery in Gainesville, that it should have been postmarked the 27th and delivered that day, or at least the following day, but with a postmark which would have complied with the rule cited below, which effectively sets the deadline for posting at midnight December 27, 1982.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses, it is, hereby RECOMMENDED: That Mrs. Lillie Kelly be declared eligible for participation in the home energy assistance program and that the appropriate benefits for which she is financially entitled be awarded her. DONE and ENTERED this 28th day of February, 1983, in Tallahassee, Florida. P. MICHAEL RUFF 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 February, 1983. COPIES FURNISHED: Mrs. Lillie M. Kelly P.O. Box 39 High Springs, Florida 32643 James Sawyer, Esquire District III Legal Counsel Department of HRS 2002 NW 13th Street Gainesville, Florida 32601 David H. Pingree, Secretary Department of HRS 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact Adele Conover is a veteran's widow whose regular income consists of a widow's pension of $277 per month and food stamps. She owns her home and is the sole member of her household. On March 19, 1982 Petitioner submitted an application for benefits under the low-income home energy assistance program. She listed her income as $277 from the veteran's widow's pension. In March 1982 Petitioner was given a part-time job by the Department of Health and Rehabilitative Services as a clerk typist at an hourly rate of pay of $3.58. (Exhibit 1) Pay for the work performed at HRS in March was received by Petitioner on April 1, 1982. Respondent's denial of Petitioner's application for low-income home energy assistance benefits was based upon the salary earned by Petitioner while working for HRS in March 1982. The salary, when added to her unearned income of $277, exceeded the $359 per month income limit for eligibility for low-income energy assistance for single member households.
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 Petitioner Herbert Dean requested a hearing on April 22, 1981. After the required informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 16, 1981 Dean, 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 applied for the low income energy assistance. He lives with one other person in Dunnellon, 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 $36.00 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 as promptly paid low income energy assistance benefits. 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 wood was expensive and his primary source of heat, although he used electricity for fuel at times. He said that the $36.00 he received did not help him much and be till owed a light bill of $148.17. His income is $258.00 monthly. 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. he amount of $36.00 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 Herbert Dean. 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. Herbert Dean Post Office Box 652 Dunnellon, Florida 32630 James A. Sawyer, Esquire Department of HRS 3001 SW Broadway Ocala, Florida 32671 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 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
The Issue Whether Petitioner is eligible for additional low income energy assistance under Section 409.508, Florida Statutes (1980), Energy Assistance Program; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Florida Administrative Code.
Findings Of Fact Petitioner Alma T. Camiel requested a hearing on April 3, 1981. After the require informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. On January 28, 198 Camiel, a black female, filed a Household Application for low income energy assistance. No one in her household is a migrant or migrant farm worker, and no one else applied for the low income energy assistance. She lives alone in Lake City, Florida, receives food stamps and receives a bill for the use of wood for heating purposes. Petitioner was issued a check in the amount of $47.00 to assist her in paying her heating costs for the month of January. The action was taken by Respondent within 45 days of Petitioner's application, and she was promptly paid low income energy assistance benefits. Petitioner did not dispute the evidence presented by Respondent, the facts of her residence or income, or the type of fuel used but stated that wood was expensive and her primary source of heat, although she used other types of fuel at times. She had expected more money since others received more benefits under the program, particularly if they used electricity as a primary source of beat. Respondent's witness produced the signed application of Petitioner, a map of the State of Florida depicting four (4) climatic regions and a chart for determining the amount of low income energy assistance boating payments for each of the four (4) regions based on monthly income of the application and the type of fuel used for fully vulnerable and partially vulnerable households. The amount of $47.00 was the correct amount according to the chart odor the facts provided by Petitioner.
Recommendation Based on the foregoing findings of Fact and Conclusions of Law the Hearing Officer recommends that a final order be entered approving the amount of Low Income Energy Assistance Program benefits allocated to Petitioner Alma T. Camiel. DONE and ORDERED this 5th day of June, 1991, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1981. COPIES FURNISHED: Ms. Alma T. Camiel 107 North Street Lake City, Florida 32055 Joseph E. Hodges, Esquire Department of HRS Oak Park Executive Square Gainesville, Florida 32601 Alvin J. Taylor, Secretary Attn: Susan E. Kirkland, Esquire Department of HRS Building One, Room 406 323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Peggy Sue Hynson, 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 8, 1993. 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 13, 1983, by United States Mail at the following address: 305 West Pinewood Drive, Holiday, Florida 33590. The Petitioner did not receive the Department's letter requesting additional verification of income. On November 29, 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 13, 1983. Prior to the deadline of the program, the Petitioner contacted 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 the Department was behind and 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 her husband earned $112 per week during the period of eligibility determination, which was the only income in the family. Petitioner, her husband, and her child 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 six of the Findings of Fact, supra. DONE AND RECOMMENDED this 1st day of June 1984 in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June 1984. COPIES FURNISHED: Ms. Peggy Sue Hynson 305 West Pinewood Drive Holiday, Florida 33590 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
The Issue This matter concerns the issue of whether the Petitioners qualify for assistance under the Low Income Home Energy Assistance Program. Mrs. Eddie R. New testified on behalf of herself and her husband and offered three exhibits which were accepted into evidence without objection. Respondent called as its only witness Eleanor J. Weatherspoon, an employee of HRS and a specialist in the Low Income Home Energy Assistance Program. As its only exhibit the Respondent offered Page 2-11 of HRS Manual 165-15, effective October 1, 1982. That exhibit was admitted without objection.
Findings Of Fact It was stipulated by the Respondent that the Petitioner, Mr. Eddie R. New, is presently and was at the time of the application for assistance permanently and totally disabled. Mr. and Mrs. New presently receive from Social Security $527.60 per month and from the V.A. $54.88 per month. These two total $582.48 as the monthly income for Mr. and Mrs. New. The funds received from Social Security and from the V.A. are the sole source of income for Mr. and Mrs. New. Mr. New is unable to work because of his disability and Mrs. New is unable to work because of the necessity that she be at home to take care of Mr. New on a daily and hourly basis. They own no property. Mr. and Mrs. New are the only two individuals living within their household. HRS Manual 165-15 provides an income limit of $518.00 per month for a household of two people in order to he qualified for assistance under the Low Income Home Energy Assistance Program. The monthly income of Mr. and Mrs. New exceeds the monthly income limit as provided by HRS Manual 165-15 Page 2-11.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is herehy recommended: 1. That the Petitioners be determined and otherwise declared to be ineligible for participation in the Low Income Home Energy Assistance Program. RECOMMENDED this 30th day of March, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS 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 30th day of March, 1983. COPIES FURNISHED: Ms. Maureen McGill District I Legal Counsel Department of HRS 160 Governmental Center Pensacola, Florida 32522 Mr. and Mrs. Eddie R. New Post Office Box 2091 Pace, Florida 32570 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 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 Robert William Stewart requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 17, 1981 Stewart, a white male who lives with his wife, filed a Household Application for low income energy assistance. He was notified on July 15, 1981 that the application must be accompanied by a Medical Certification for Cooling showing that his health condition or the health condition of his wife was life-threatening without cooling. No medical certificate has been filed to show a life-threatening condition, and in fact the medical certificate filed shows the statement relative to a life-threatening condition requiring cooling was purposefully blotted out before the physician signed the certificate.
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 7th 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 7th day of December, 1981. COPIES FURNISHED: Mr. Robert W. Stewart 7532 Thelma Way, #8 Orlando, Florida 32807 Samuel P. Stafford, Esquire Department of HRS 400 West Robinson Street, Suite 912 Orlando, Florida 32801 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 At the final hearing in this case on June 23, 1983, the Petitioner failed to appear and present evidence in support of her contention that her application for low income home energy assistance was improperly denied. Notice of the time and place set for the hearing had been furnished to all parties to this case, including the Petitioner, at the address where other notices had been sent, in accordance with applicable statutory and rule provisions. This hearing notice was not returned by the post office. Counsel for the Respondent was present with a witness and was prepared to represent the Department as its interests might require.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Department of Health and Rehabilitative Services, enter a default against the Petitioner, Marianela Pena, and deny her application in this proceeding. DONE and ENTERED this 27th day of June, 1983, in Tallahassee, Florida. WILLIAM B. THOMAS, 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 27th day of June, 1983. COPIES FURNISHED: Ms. Marianela Pena 2160 S.W. 16th Avenue Apt. 116 Miami, FL 33145 Morton Laitner, Esq. Ruth Rhode Building Suite 1040 401 N.W. Second Avenue Miami, FL 33128 David Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, FL 32301
