The Issue The issue presented for decision herein concerns the appeal by the Respondent Department of Health and Rehabilitative Services' denial of low energy assistance benefits to the Petitioner.
Findings Of Fact Based upon my observation of the witnesses and their demandor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant findings of fact. Mrs. Borbala Batu submitted an application for home energy assistance to the Department of Health and Rehabilitative Services on November 26, 1983. (Respondent's Exhibit 1) On December 22, 1983, Respondent advised Petitioner by letter that in order to determine her eligibility for energy assistance, Petitioner must submit written verification of her income room 551 by providing a statement from that office; verification of cash from relatives or others for November, 1983 by providing a statement from the source, all of which must be received by Respondent on or before January 9, 1984. In that directive, Petitioner was further advised that she should call Respondent's Home Energy Unit Payments Worker, Bijan Jamkhu. (Respondent's Exhibit 2) Petitioner failed to respond to the request for verification of the additional information requested by Respondent and, by letter dated February 8, 1984, Respondent advised Petitioner that her application for assistance under the low income home energy assistance program was being denied pursuant to Sections 409.026 and 409.508, Florida Statutes, and Rules 10C-29.11 and 29.15, Florida Administrative Code. (Respondent's Exhibit 3) Respondent was able to independently determine that the Petitioner was receiving an amount ranging from $189 to $209 per month in 851 benefits. Upon independently learning of this amount, Respondent confronted Petitioner with that information and Petitioner reluctantly acknowledged that she was receiving benefits in the above amount. Further, Petitioner, through her spokesman, represents that Petitioner suffers from a language barrier and was unable to provide the information as requested by Respondent. In this regard, an examination of the documentary evidence herein reveals that the Petitioner submitted a completed application in detail and was advised by Respondent in the letter seeking additional information dated December 22, 1983 that Petitioner should call her Home Energy Unit payments Worker respecting her incomplete application. Based thereon, it is factually concluded that the Petitioner was not suffering from a language barrier to the point wherein she was unable to provide the requested information.
Recommendation Based on the foregoing findings of fact and conclusions of law, Petitioner's appeal of Respondent's denial of her application for low income' home energy assistance benefits be DENIED. RECOMMENDED this 24th day of May, 1984, in Tallahassee, Florida. JAMES E. BRADWELL Hearings 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 24th day of May, 1984. COPIES FURNISHED: Harold Braynon, Esquire District Legal Counsel 201 West Broward Boulevard Ft. Lauderdale, Florida 33301 Borbala Batu 3100 West Rolling Hills Circle, Apt. 310 Davie, Florida 33328 David Pingree Department of Health & Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301
The Issue Whether Petitioner should have been considered for benefits from the Low Income Energy Assistance Program pursuant to Section 409.508, Florida Statutes; Rule 10 CER 80-11, Low Income Energy Assistance Program, amended by Rule 10 CER 81-4, Administrative Code.
Findings Of Fact Petitioner Rachel N. Farmer requested a hearing by a letter received in the office of the Respondent on April 2, 1981. After an informal conference with a supervisor in Respondent Department Petitioner requested a formal hearing. Petitioner is a black female who lives in Macclenny, Baker County, Florida She receives aid from the state and federal governments in the amount of $75.00 biweekly. She wrote a letter to Respondent Department, received on April 4, 1981, requesting information as to why she had not received a check to help on her light bill. After Respondent denied benefits on the grounds that no application had been received Respondent forwarded the letter to the Division of Administrative Hearings as a request for hearing. Petitioner testified in her own behalf. At the hearing Petitioner stated that on March 19, 1981 she had submitted by mail to Respondent an application consisting of one sheet on which she bad indicated her income. Respondent submitted a statement by the worker in charge of the records in the area in which Petitioner lived which stated that diligent search had been made of the files and logs but no application had been received from Petitioner. From observing the demeanor of the parties the earing Officer finds that Petitioner Farmer mistakenly believed hat she had sent in an application for low income energy benefits but that in fact she had not submitted the proper application. The Hearing Officer further finds that the form Petitioner may have filed was filed by mailing on March 19, 1981.
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 5th day of June, 1981, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 200 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. Rachel N. Farmer Baker Manor, Apt. #8 Macclenny, Florida 32063 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 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; 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 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 Petitioner applied for benefits under the LIHEAP program in December 1984 with the assistance of Teresa Lopez, a friend who handles paperwork for him. Ms. Lopez sent the application to Respondent and it was received by Respondent on December 17, 1984 which was the deadline date for applications. Respondent returned Petitioner's application since it had not been dated prior to submission. Ms. Lopez then had Petitioner back date his application with the date December 13, 1984 and resubmit it. When it was received by Respondent this second time, it was after the December 17 deadline and was therefore rejected as late filed. The only deficiency in Petitioner's application when it was initially submitted and received on December 17 was that it was not dated.
Recommendation Based upon the foregoing, it is recommended that a Final Order be issued denying Petitioner's application for benefits. DONE and ENTERED this 2nd day of May, 1985 at Tallahassee, Florida. Hearings Hearings DONALD D. CONN, Hearing Officer Division of Administrative The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative this 2nd day of May, 1985. COPIES FURNISHED: James A. Perry 1821 Middle River Drive #15 Fort Lauderdale, Florida 33305 Harold Braynon, Esquire Department of Health and Rehabilitative Services 201 West Broward Boulevard Fort Lauderdale, Florida 33301 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 Creola Moore 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 Creola Moore, a black female who lives alone, filed a Household Application for low income energy assistance. She was notified hat the application must be accompanied by a properly completed Medical Certification for Cooling. The medical certificate which she filed indicated that her health conditions did not require a 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 Petitioner. DONE and ORDERED this 11th day of December, 1981, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1981. COPIES FURNISHED: Creola Moore 3171 Torres Avenue Pensacola, Florida 32503 Jon W. Searcy, Esquire Department of Health and Rehabilitative Services 160 Governmental Center Post Office Box 12836 Pensacola, Florida 32576 David H. 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 Sue Kammer requested a formal hearing after the required informal conference with a supervisor employed by Respondent Department of Health and Rehabilitative Services. On June 16, 1981 Kammer, a white female who lives alone, filed a Household Application for low income energy assistance. She was notified on June 17, 1981 that the application must be accompanied by verification of income and a Medical Certification for Cooling. She filed the verification of income and notified the Respondent that the medical certificate had been sent to the Central Florida Migrant and Community Health Center, Inc. This clinic closed, and Petitioner sought help from the clinic in Sanford, Florida. A physician there notified Petitioner by letter dated July 30, 1981 that the medical conditions required to show eligibility for cooling benefits could not be found on Petitioner's medical chart, and therefore he could not sign the medical certificate. Petitioner then sought help from her former physician, who signed the certificate, and Petitioner filed it on August 6, 1981. The Notice of Application Denial was dated July 25, 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: Ms. Sue Kammer 2500 Howell Branch Road, #349 Winter Park, Florida 32792 Samuel P. Stafford, Esquire David H. Pingree, Secretary Department of HRS Attn: Susan B. Kirkland, Esquire 400 West Robinson Street, Department of HRS Suite 912 1323 Winewood Boulevard Orlando, Florida 32801 Tallahassee, Florida 32301
The Issue Petitioner's eligibility to receive low income energy assistance payment. This proceeding commenced upon Respondent's denial of Petitioner's request for low income home energy assistance payment under Chapter 409, Florida Statutes. Petitioner appeared at the hearing unaccompanied by legal counsel. He was advised of his rights and the procedures incident to a Chapter 120 administrative proceeding. He acknowledged his understanding of such rights and elected to proceed in his own behalf.
Findings Of Fact On March 23, 1982, Petitioner, Arthur R. Koehler, filed an application for low income home energy assistance with the Respondent Department of Health and Rehabilitative Services, District VI at Tampa, Florida. His application reflected that he is 82 years old and lives alone in Tampa, Florida. The application showed his income as consisting of a monthly Social Security payment of $350.50. However, information received from the Social Security Administration confirmed that the gross income of Petitioner's monthly Social Security benefit was $388.70. (Testimony of Petitioner, Sugarman, Petitioner's Exhibit 1, Respondent's Exhibit 1) On April 30, 1982, Respondent sent Petitioner a Notice of Denial form indicating that such denial was predicated on the fact that his income exceeded the monthly income limit for his household size, pursuant to Chapter 409, Florida Statutes, and Rules 10C-29.05, 09, and 13, Florida Administrative Code. Rule 10C-29.l3 provides that the monthly income limit for a one- person household is $359.00 per month. (Testimony of Petitioner, Sugarman, Respondent's Exhibit 2) During the last year, Petitioner has incurred over $1,000.00 in medical bills resulting from a hernia operation, and anticipates the need for household repairs in the approximate amount of $1,500.00 to $2,000.00. He therefore feels that these matters should be taken into consideration in determining his income for energy assistance payments. However, according to Respondent's officials, there is no authorization for exclusion of income for such expenses in determining eligibility for energy assistance. (Testimony of Sugarman, Petitioner)
Recommendation That a final order be issued by the Department of Health and Rehabilitative Services denying the application of Petitioner, Arthur R. Koehler, for low income home energy assistance. DONE and ENTERED this 30th day of August, 1982, in Tallahassee, Florida. THOMAS C. OLDHAM 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 30th day of August, 1982. COPIES FURNISHED: Arthur R. Koehler 6824 South Trask Street Tampa, Florida 33616 Janice Sorter, Esquire District VI Assistant Legal Counsel Department of Health and Rehabilitative Services 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 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
