Week 2: Mastering FEMA Appeals - Strategies & Guidelines

This section provides you wording directly from Title 44 Chapter I Subchapter D Part 206.

§ 206.115 Appeals.

(a) Under the provisions of section 423 of the Stafford Act, applicants for assistance under this subpart may appeal any determination of eligibility for assistance made under this subpart. Applicants must file their appeal within 60 days after the date that we notify the applicant of the award or denial of assistance. Applicants may appeal the following:

(1) Eligibility for assistance, including recoupment;

(2) Amount or type of assistance;

(3) Cancellation of an application;

(4) The rejection of a late application;

(5) The denial of continued assistance under § 206.114, Criteria for continued assistance;

(6) FEMA's intent to collect rent from occupants of a housing unit that FEMA provides;

(7) Termination of direct housing assistance;

(8) Denial of a request to purchase a FEMA-provided housing unit at the termination of eligibility;

(9) The sales price of a FEMA-provided housing unit they want to purchase; or

(10) Any other eligibility-related decision.

(b) Appeals must be in writing and explain the reason(s) for the appeal. The applicant or person who the applicant authorizes to act on his or her behalf must sign the appeal. If someone other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent him, her or them.

(c) Applicants must appeal to the Regional Administrator or his/her designee for decisions made under this subpart, unless FEMA has made a grant to the State to provide assistance to individuals and households under § 206.120(a), State administration of other needs assistance; then the applicant must appeal to the State.

(d) An applicant may ask for a copy of information in his or her file by writing to FEMA or the State as appropriate. If someone other than the applicant is submitting the request, then the applicant must also submit a signed statement giving that person authority to represent him or her.

(e) The appropriate FEMA or State program official will notify the applicant in writing of the receipt of the appeal.

(f) The Regional Administrator or his/her designee or appropriate State official will review the original decision after receiving the appeal. FEMA or the State, as appropriate, will give the appellant a written notice of the disposition of the appeal within 90 days of the receiving the appeal. The decision of the appellate authority is final.

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002]

Items missing from the CFR appeals process which can be found in your states filing of FEMA Form 010-0-11 include, transportation repair and/or replace, funeral unmet needs, childcare assistance.

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Editor's Note: You can only appeal policy decisions, and occasionally, you can appeal on the grounds that you were unaware of the FEMA policy that led to your ineligibility for assistance.
Do Not fill your appeal with emotions or anything that sounds like you are asking for empathy or a pardon.
Keep your appeal based on policy and your experience with the facts of post disaster events.

FEMA's appeal form letter

Disaster Survivors Name [Last, First]
Date of Birth [Month/Day/Year]
Damaged dwelling addressed [Street Number, Street Name, City, State, Zip as it appears on your FEMA correspondence.]
DR-XXXX [FEMA Disaster Identifying Number]
FEMA Registration # 1234567890 [Your FEMA registration number that was sent to you by email when you applied for FEMA assistance.]

To Whom It May Concern:

This letter is sent to Appeal the Inspector’s report of damages to my home as a result of the recent floods in [NAME OF TOWN, COUNTY/PARISH, STATE]. The Inspector was unable to enter a bedroom because the sliding doors to the bedroom were jammed and would not slide back into the wall. All of the contents in the bedroom were destroyed. Since that time, the “All Hand Volunteers” removed the doors and the contents from the room. The Chief Client Services Coordinator for the “All Hand Volunteers” said he would verify the lost of contents in the bedroom. In addition, I was unaware of the deadline to request an appeal; however, I have attached pictures of the damaged contents from the bedroom. Would you please consider these losses in addition to those determined by the Inspector. Any consideration you may give to my request will be appreciated.

I do hereby declare under perjury that the foregoing is true and correct.

Sincerely,
Signature_______________________

• If someone other than the survivor is writing the letter, a statement must be included stating that the person may act on survivors behalf. Survivor MUST sign the letter. IF they are unable to write, have them put an X in signature line and you or whoever is acting on their behalf must explain.
• Documents that must be included: Licensed contractors estimates / proposal; which must contain the contractors name, phone number, and a detailed line items of repair specifically indicating quantity and costs associated with each line item.
• This appeal letter must be submitted to the NPSC via mail to:
  FEMA P.O. Box 10055 – Hyattsville, MD 20782 or fax; 800-827-8112
• You can also login to disasterassistance.gov and file your appeal online

Appealing Eligibility for assistance, including recoupment.

Being denied assistance due to eligibility can present a challenging topic for appeals. It's crucial to understand the specific nature of the assistance you were denied and the criteria used for your ineligibility. Armed with this information, you can then craft a well-informed and qualified appeal.

General temporary housing eligibility

§ 206.101 Temporary housing assistance for emergencies and major disasters declared. 44 CFR 206.101
Eligibility for assistance is based on need created by disaster-related unlivability of a primary residence or other disaster-related displacement, combined with a lack of adequate insurance coverage. Eligible applicants may be paid for authorized accommodations and/or repairs. In the interest of assisting the greatest number of people in the shortest possible time, applicants who are able to do so will be encouraged to make their own arrangements for temporary housing. Although numerous instances of minor damage may cause some inconvenience to the applicant, the determining eligibility factor must be the livability of the primary residence. FEMA has also determined that it is reasonable to expect applicants or their landlords to make some repairs of a minor nature. Temporary housing will normally consist of a check to cover housing-related costs wherever possible.

Application period. The standard FEMA application period is the 60 days following the date the President declares an incident a major disaster or an emergency.

• The applicant's primary residence has been made unlivable; and
• The applicant's has been displaced as the result of a major disaster or emergency.

In the case of eligibility, your appeal should align with FEMA's denial letter. For instance, if the letter stated that your home wasn't deemed to have sustained major or severe damage and you could have stayed in it, your appeal should revolve around the safety and potential hidden damages that only a qualified inspector or builder could discern. Your argument will also encompass the fact that you had only one primary residence and were left with no alternative but to incur accommodation costs when public shelters were either unavailable or didn't meet your specific needs.

Appealing temporary housing assistance regarding the type and amount of assistance.

"Type of assistance" refers to the specific form of temporary shelter that FEMA is prepared to provide to you. This encompasses the actual options available to you for short-term housing following the disaster. Understanding the nature of this assistance is crucial in determining the best course of action for your recovery.

Challenges you may encounter while dealing with FEMA in obtaining your temporary housing requirements.

• In many cases, temporary shelters are located outside of the disaster-affected area. This is done to ensure that there is ample space for first responders and essential workers to carry out their duties effectively. This strategic placement helps to streamline emergency response efforts and safeguard the well-being of both survivors and emergency personnel.
• FEMA may have offered a travel trailer as temporary housing. However, due to the large size of your household (13 persons), it was not a viable option as it would not provide enough space for everyone to coexist comfortably.
• FEMA may have provided the option of a manufactured home for temporary housing. However, if your location is in a flood zone and you are unable to elevate the manufactured home above the base flood elevation, this option may not be feasible.
• FEMA may have presented you with an apartment option, but you might find it situated in an area you consider unsafe or an environment that would cause stress to you and your household members.
• You might also be advised to shelter in place, in which case FEMA may provide cash for structural repairs but not cover the replacement of items essential for living in the home.
• You could also raise concerns about transportation difficulties and your capacity to transport all household members.
• The rental space provided by FEMA might not include necessary tables and chairs for your household. In this case, FEMA would need to grant you authorization and funds to rent or purchase the required furniture.

In this appeal, you will address crucial factors including distance, transportation availability, and accommodation options. These elements significantly impact your ability to seek and secure suitable shelter after the disaster. By highlighting these factors, you aim to provide a comprehensive picture of the challenges you face in accessing temporary housing and underscore the necessity for assistance.

Additionally, emphasize in the appeal your intention to restore temporary shelter and normalcy to your household. Highlight the fact that FEMA has the capacity to provide up to 18 months of housing assistance, which could be allocated towards a rental unit that meets the specific needs of your household. This demonstrates your commitment to reestablishing stability and security in your living situation.