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 Jose Alvarado 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 Alvarado, a white male who lives with two (2) other persons, filed a Household Application for low income energy assistance. He was notified on July 6, 1981 that the application must be accompanied by a Medical Certification for Cooling, and he was requested to submit the medical certificate by July 20, 1981. He failed to file the certificate by July 27, 1981 and a call to the telephone number furnished by Petitioner was attempted, but there was no answer. Petitioner stated at the hearing that he had tried to get the physician to sign the certificate, but the physician was on vacation. Petitioner filed the signed certificate on July 31, 1981. The Notice of Application Denial was mailed on August 28, 1981.
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 granting 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. Jose Alvarado 1875 Caralee Boulevard, Apt. 2 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
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
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
Findings Of Fact On March 16, 1982, the Petitioner, Erwin V. Kunz, filed a household application for financial assistance under the Low Income Home Energy Assistance Program. After its review of this application, the Department of Health and Rehabilitative Services advised the Petitioner of its denial on the ground that he and his wife have more than the prescribed monthly income to be eligible. The Petitioner resides with his wife in their household in Ocala. Their total countable monthly income is $498.47 which is paid by the Social Security Administration. This amount exceeds the monthly income limitation of $474.00 for households having two persons. Therefore, the Petitioner is ineligible for assistance. The Petitioner does not dispute the Department's determination that his total monthly countable income exceeds the acceptable income limitations prescribed by the Department. However, he contends that because of high utility bills, and other recurring costs, he is in need of assistance to meet his financial burdens. Unfortunately, only countable income received during the month of the application is relevant in determining eligibility for benefits.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Erwin V. Kunz for energy assistance be denied. THIS RECOMMENDED ORDER entered on this 16th day of July, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 1982. COPIES FURNISHED: Mr. Erwin V. Kunz 476 Spring Drive Ocala, Florida 32672 Joseph E. Hodges, Esquire 2002 North West 13th Street Gainesville, Florida 32601 Susan B. Kirkland, Esquire Department of Health and Rehabilitative Services Building 1, Room 406 1323 Winewood Boulevard Tallahassee, Florida 32301
Findings Of Fact 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.
Findings Of Fact The Petitioner, Michele Ann Matlock, 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 15, 1983. After reviewing the application and determining that additional verification was needed, the Department requested additional verification of the Petitioner's income on November 16, 1983. According to the testimony of a Department employee, this verification was delivered by hand at the time the application was received; however, this testimony was not based on personal recollection but upon the fact that the copy of the letter bore no address. The Petitioner did not receive the Department's letter requesting additional verification of income. The time stamp reveals the application was received on November 15, 1983. The date of the letter of request was November 16, 1983. Clearly, the Department's letter was not contemporaneous with the receipt of the application. On December 8, 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 16, 1983. The Petitioner testified at hearing that her husband earned $640 per month (four weeks) during the period of eligibility determination. Petitioner, her husband, and her two children receive food stamps, live in Zone 4, heat with electricity, and constitute a family of four.
Recommendation Because the Petitioner did not actually receive the Department's letter requesting additional information, it is recommended that the Petitioner's application for Low Income Home Energy Assistance Program benefits be redetermined based upon the income figures and family size provided in paragraph six of the Findings of Fact, supra. DONE and RECOMMENDED this 6th 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 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of June, 1984. COPIES FURNISHED: Ms. Michele Ann Matlock 2990 Fourth Avenue, Apt. #56 Hudson, Florida 3567 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 Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner timely submitted her application for home energy assistance and the respondent timely notified her that her application had been denied for the reason that her household income exceeded the limit for her household size. Petitioner Randolph resides with her fourteen year old daughter and receives Social Security income in the monthly amount of $522.00. For a household with two persons, the maximum monthly income consistent with eligibility for benefits under the Low-Income Home Energy Assistance Program is $474.00. Rule 10C-29.13(5)(a), Florida Administrative Code. Petitioner Randolph uses oxygen on a twenty-four hour daily basis, and needs to use air conditioning in her home due to a chronic pulmonary condition. This condition, as well as other physical ailments, results in substantial medical bills on a monthly basis.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that petitioner's application for benefits under the Low-Income Home Energy Assistance Program be DENIED. Respectfully submitted and entered this 21st day of June, 1982, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of June, 1982. COPIES FURNISHED: Mary F. Randolph 9310 Grandfield Road #A Thonotosassa, Florida 33592 Amelia Park, Esquire District VI Legal Counsel W. T. Edwards Facility 4000 West Buffalo Avenue Tampa, Florida 33614 David H. Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Blvd. Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Nettie C. Mack, filed an application for Low Income Home Energy Assistance Program benefits, dated and received by the Respondent on November 21, 1983. This application showed the Petitioner's household to consist of four persons including herself, her daughter, and two minor children, all of whom reside in the vicinity of Campbellton, Florida. The Petitioner's daughter was claimed to have had $458.00 income for the month of November, 1983; the source of heat in the Petitioner's home was electricity. Upon verification of the income figure claimed for the Petitioner's daughter, a discrepancy turned up, indicating that the Petitioner's daughter earned $630.00 for the month of November, 1983. Consequently, the Petitioner was asked to submit information from the daughter's employer to verify the amount of income paid to her during November. When the Petitioner did not respond to this request for verification of her daughter's income, the Respondent denied the application. At the hearing the Petitioner still could not produce written verification of her daughter's income for November of 1983, but the daughter's direct testimony was considered some evidence in corroboration of this income. She is employed at the Washington County Hospital as a nurse's aide, and claimed to have received $458.00 monthly after deductions. By stipulation, the Petitioner was given ten days after the hearing to submit written verification of her gross earnings for November, 1983. The Petitioner submitted her daughter's paycheck stubs showing countable income in November, 1983, of $719.00. This is within the eligibility limits.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a Final Order determining that the Petitioner, Nettie C. .Mack, is eligible for Low income Home Energy Assistance Program benefits, and approving a payment to the Petitioner of $30.00 pursuant to this program. THIS Recommended Order entered this 13th day of June, 1983, 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 13th day of June, 1984. COPIES FURNISHED: Nettie C. Mack Route 1, Box 272 Campbellton, FL 32426 John Pierce, Esquire District Legal Counsel 2639 North Monroe St. Suite 200-A Tallahassee, Florida 32303
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
