Understanding FEMA Appeals (VIDEO)

Hello, my name is John Lawless, staff attorney with Bay Area Legal Services’ Disaster Relief Project and the Florida Disaster Legal Aid Helpline. I’m here with my colleague Jason to discuss some simple steps anyone can take to avoid common issues while recovering from disaster.

Today, we’re here to discuss the FEMA appeal process. In the aftermath of a disaster, many survivors in need of assistance are lacking information needed to request relief. Others can misunderstand the procedure, and still other times errors occur in inspection and application processing. Whatever the reason, this can result in survivors receiving lesser benefits or outright denials.

Fortunately for survivors, FEMA does provide a way to appeal these decisions. Many applications that begin with a denial letter from FEMA end in the survivor getting much needed relief, just as long as close attention is paid to exactly what FEMA is asking for.

Generally, the letters that FEMA sends when assistance cannot immediately be provided come in two forms – requests for supplemental information and denials. It is important to look closely at the letter to determine which kind has been received, because there are different deadlines for each. The letter itself should give clear instructions, but the rule is that requests for supplemental information must be answered within 21 days, and appeals must be made within 60 days of a decision by FEMA.

Now, let’s go ahead and take a look at an example. Jason, you recently applied for disaster assistance, didn’t you?

That’s what I thought. Jason, why don’t you go ahead and check your pocket to see if you’ve gotten a response from FEMA?

There it is. Why don’t you open it up and see what it says?

Well, Jason? What does it say?

It seems like Jason may have had some trouble with his application.

Something’s wrong. Maybe with a little help from the J-Viewer…

…we can take a closer look and find out what to do.

First, let’s look at the date on the letter.

This date tells us the date that FEMA made its determination. This date, and not the date that you receive the letter, is the date that starts the response or appeal period. Now, let’s have a look at the type of letter we have.

This is a denial letter. This means that, based on the information FEMA has right now, Jason doesn’t qualify for assistance. That means he has 60 days from the date we saw to send an appeal letter. We can read on to find out why.

It looks like FEMA has determined that Jason’s home is safe and that he will not need any assistance. Jason, is your home safe to occupy?

That doesn’t look good. It might be that Jason’s application answered a question incorrectly. It doesn’t look like FEMA sent an inspector to make the determination. Either way, Jason should send a letter back to FEMA explaining why he thinks there’s a problem with the determination. Let’s take one more look at the letter.

Because this answer can change, we won’t show the instruction here. On your own letter though, there will be a section just like this, with specific instructions on where to send your letter. Just follow those instructions and your information will get where it needs to go.

If you need help writing an appeal letter, you can always contact your local legal aid organization to see if they can offer assistance. You can also contact your local emergency management for help in finding disaster relief organizations in your area. Many other organizations also offer appeals assistance, and your emergency manager can help point you in the right direction.

If you would rather try yourself, you can also get help drafting your letter online using an appeal tool.

However you decide to appeal, it is important to keep deadlines in mind. Even if you have missed a deadline though, it is still worth trying. While there is no guarantee, FEMA often accepts late appeals as long as a good reason is given for being late.

You can also retry appeals if you feel you have gotten something wrong or have additional information. If you don’t appeal after all, you are guaranteed to not get relief you need and may have otherwise received.

If you want more information, you are also entitled to request a copy of your file from FEMA. This will have your application, any letters, and notes that may have been made by inspectors among other things. All of this can be very helpful for determining how to fix a faulty application or find a mistake that someone else may have made.

Some common issues that you might expect to see for appeals are:

Determination that a home is safe to occupy is very common. This can happen based on answers given on your FEMA application before an inspector is even sent. Contractor estimates and pictures can be very helpful for correcting these issues.

Verification of ownership is another common issue. FEMA may need some extra help seeing that you are the owner, such as with heir property or marital homes where only one spouse is on the deed.

Verifying occupancy can also be a problem. FEMA only provides relief for your primary residence. If FEMA cannot tell you live at the home, they may deny relief. Your ID, bills, or even a sworn statement can help correct this problem.

Many other issues can also arise of course, but in most cases it is simply a matter of documenting the problem and making sure FEMA has as much information as they need. Remember that if you are feeling overwhelmed by the process, you can always seek assistance from legal and disaster relief organizations too.

Now, if you and your family keep these tips in mind, you’ll be a lot more resilient in the aftermath of disaster, and a lot less like Jason.

We appreciate you taking the time to listen. For more information on what to do in the wake of a disaster, please visit the following resources.