Disaster Manual: Section 2 - FEMA Individual and Households Program: Handling a FEMA Appeal for a Disaster Survivor

Individuals, families, and businesses may be eligible for federal assistance if they live, own a business, or work in a county declared a major disaster area. Help may also be available to those who have incurred sufficient property damage or loss and do not have enough insurance or other resources to meet their needs. The most important thing a disaster survivor must do to obtain FEMA assistance is to register with FEMA.

To apply for assistance for individuals and households, individuals should register with FEMA toll-free at 800-621-FEMA (3362) (TTY number: 800-462-7585), online at www.disasterassistance.gov, on the mobile app, or at a local Disaster Recovery Center (DRC) within sixty days of the declaration of the disaster. The FEMA publication entitled Individual Assistance Program Policy Guide (IAPPG) includes information about what type of assistance is available under various FEMA programs, who is eligible, the process for obtaining assistance, and frequently asked questions.

In January 2024, FEMA reformed the Individual Assistance program, adding new benefits and streamlining processes to better assist disaster survivors. These changes apply to disasters declared on or after March 2024. While the Individual Assistance Program and Policy Guide (IAPPG) is the best resource for information on individual assistance programs administered by FEMA, the IAPPG has not been updated at this time to include many of these changes. Advocates must also review FEMA’s updated policies here. (Amendment to FP 104-009-03, IAPPG Version 1.1, March 22, 2024.)

While FEMA has many other disaster assistance programs, this chapter will only review FEMA’s Individuals and Households Program. The Individuals and Households Program (IHP) consists of both Housing Assistance (HA) and Other Needs Assistance (ONA). HA and ONA provide aid for long-term repair or replacement of homes and critical personal property.

Small Business Administration (SBA) disaster loans: SBA provides low-interest, long-term disaster loans for individuals and businesses to repair/replace real and personal property, excluding property for farm businesses. Once a disaster survivor applies for FEMA assistance, they can also choose to speak with the SBA regarding a disaster loan. FEMA may refer applicants to SBA, but applicants are no longer required to apply for an SBA disaster loan in order to access certain types of FEMA assistance.

For more information regarding SBA disaster loans, see Chapter 16, Community Organizations/Small Businesses.

Under the IHP, HA and ONA are available. FEMA assistance is not intended to make an applicant whole. Instead, it is intended to meet basic needs and supplement disaster recovery efforts. There are different types of HA and ONA depending on the applicant’s circumstances (homeowners vs. renters, for example), but all applicants start with the same FEMA application. HA and ONA each have their own maximum award amount that is adjusted by statute each year. FEMA assistance maximums are published annually in the federal register. For disasters declared on or after October 1, 2024, applicants can receive a maximum of

$43,600 in HA and $43,600 in ONA. Home repair assistance required for accessibility does not count towards the maximum cap for disaster survivors with disabilities.

A. Housing Assistance

Home Repair Assistance is financial assistance provided to disaster survivors to help them make repairs to their home. FEMA awards this type of assistance if they find the survivor’s home is “uninhabitable” due to a disaster. A home is considered uninhabitable if the “dwelling is not safe or sanitary.” Safe means “secure from hazards or threats to occupants” and sanitary means “free of health hazards.” Functionality is determined by whether an item or home is available for use for its intended purpose. FEMA will pay to repair the parts of a home damaged by a disaster regardless of pre-existing condition if those repairs are required to make the home habitable. In addition to the condition of the home or items, applicants may provide documentation of ability or illness if their needs impact habitability differently. Home Repair Assistance is intended to return the applicant’s primary residence to a habitable condition, but not to its pre-disaster condition. Home Replacement Assistance may be available if the home is a total loss or so damaged that repairs are not feasible, but the total amount of assistance is limited to the statutory cap on HA.

HA also includes Temporary Housing Assistance which provides Lodging Expense Reimbursement, Rental Assistance, and Continued Temporary Housing Assistance beyond the initial two months of Rental Assistance. FEMA may also provide direct housing in the form of a Temporary Housing Unit (THU) or a Transportable Temporary Housing Unit (TTHU). TTHUs include readily fabricated dwellings such as an RV or mobile home owned or leased by FEMA. Most of these services are available for up to eighteen months but will be subject to review upon the use of the initial disbursement.

B. Other Needs Assistance

ONA provides financial assistance with non-housing needs, including medical, dental, and funeral expenses, personal property, childcare, and transportation, and is funded by a combination of state and federal funds. Texas elects to administer the ONA portion of individual assistance through Texas Health and Human Services Commission (HHSC). While decisions are made by HHSC, the individual will still apply with FEMA, and, if an appeal is necessary, send the appeal documents to FEMA, and FEMA will forward the appeal to HHSC.

Previously, some types of Other Needs Assistance were only available if the applicant applied for an SBA Disaster Loan. These programs were called “SBA Dependent ONA,” and they included Personal Property Assistance (room furnishings, clothing, appliances, essential tools for work or school, etc.), Transportation Assistance, and Group Flood Insurance Policy (GFIP). However, FEMA removed the SBA Disaster Loan requirement for all types of ONA for disasters declared after March 22, 2024. See Individual Assistance Program Equity, 89 Fed. Reg. 3990 (Jan. 22, 2024). Now, applicants may receive Personal Property Assistance, Transportation Assistance, and a GFIP without applying to the SBA.

FEMA also established two new types of ONA: Serious Needs Assistance, a one-time payment which helps pay for essential items like food, water, baby formula, breastfeeding supplies, medication and other emergency supplies, and Displacement Assistance, a one-time payment which provides money to help with immediate housing needs, such as paying for a hotel. Serious Needs Assistance replaces Critical Needs Assistance, and if an applicant receives Displacement Assistance, then they are ineligible for Lodging Expense Reimbursement. Both new types of assistance are available in all disasters where IHP is authorized, and they require that the applicant is displaced and meets all standard IHP eligibility criteria. In some disasters, FEMA provides “expedited” Serious Needs Assistance before it conducts home inspections. Applicants must apply for FEMA assistance within the first thirty days after a disaster is declared to be eligible for Serious Needs Assistance.

To be eligible for most FEMA assistance, applicants must show:

• Disaster-Caused Damage
• Eligible Immigration Status
• Unmet needs (for which insurance or other assistance was insufficient)
• Proof of identity verifiable by FEMA
• Occupancy
• Ownership (for homeowners requesting home repair assistance)

The inability to prove one of these factors is the primary reason for a denial of FEMA assistance following a disaster.

To be eligible for Housing Assistance and Other Needs Assistance from FEMA, a disaster survivor’s primary residence must have been damaged by the disaster. The disaster survivor would need to show they had been living in the damaged home at the time of the disaster, that they had an ownership interest if relevant, and that they had no or inadequate insurance coverage. Lastly, a disaster survivor must be a U.S. Citizen, Legal Permanent Resident or Qualified Alien as defined by FEMA in the IAPPG.

FEMA updated its Occupancy and Ownership Standards in 2021 but did not update the current IAPPG to include this information. You can view the updated standards for Expanded Assistance for Disaster Survivors by reviewing the FEMA Fact Sheet on Updates to FEMA’s Individual Assistance Program and Policy Guide, Version 1.1.

Generally, the deadline to apply for FEMA assistance is sixty days after the disaster declaration, and thirty days for Serious Needs Assistance. Counties designated for IA after the declaration may have an extended deadline. Historically, FEMA has extended the application deadline often, typically at the state government’s request. Pay attention to FEMA’s website, local media, and press releases for deadline updates. FEMA may accept a late application for “good cause.” “Good cause” can include but is not limited to the following:

• Hospitalization, illness, or disability of the applicant or an immediate family member
• Death of an immediate family member
• Incarceration
• Victim of human trafficking
• On-going domestic situations where persons in the same household posed an immediate threat to other family members, resulting in a separation of the family unit
• Period of personal or business travel that kept the applicant out of the area for the full application period
• Major life events that occurred during the initial registration period (e.g., birth or adoption of a child, foster care placement, marriage, gender transition, transition of family member into or out of a residential or mental health care facility) that led to a late application, or
• Disaster-specific circumstances.

In theory, other good faith causes for late applications are acceptable, but in practice, if the applicant applied late for any reason other than the causes listed above, FEMA is likely to deny the applicant’s request for FEMA assistance. Documentation is no longer required to prove the “good cause” justifying the late application but, if documents are available, including them may improve the chances that the late application is accepted.

A copy of information FEMA will request when a disaster survivor registers for assistance can be viewed online here.

A. Applying

Applicants living in a disaster area declared by the President and in need of disaster assistance may call 1- 800-621-FEMA (3362) (hearing/speech impaired ONLY—call TTY number: 1-800-462-7585), visit a DRC, or apply online at www.disasterassistance.gov or through FEMA’s app.

When applying, applicants will need their Social Security number, current and pre-disaster address, phone numbers, type of insurance coverage, total household annual income, a routing and account number from their bank if they want to have disaster assistance funds transferred directly into their bank account, and a description of losses caused by the disaster.

Applicants should make copies of their application materials—and any subsequent communication they have with FEMA—in case FEMA makes a mistake or misplaces materials, or in case they are denied and need to prepare an appeal. If you are involved in the application phase, make one physical copy of the application for the applicant and one for yourself, and advise them to upload the application to a cloud- based drive for their records. Applicants using online portals should take a screenshot of each page of their application. Applicants who need translation or any accommodation for a disability should tell FEMA about their accessibility needs and ask for the assistance they need.

B. FEMA Inspection Process

FEMA will need to inspect the damaged home or personal property for an applicant to receive certain types of assistance. FEMA will call the applicant to schedule an inspection, and the applicant should try to meet the FEMA inspector at their damaged property. If they are unable to do this, they should make plans with the inspector to allow someone else to meet the inspector in their absence. This person should be either a relative or friend over the age of 18. If FEMA is unable to reach the applicant or unable to conduct the inspection, they will mark the application as withdrawn.

Practice Tips

• Practice Tip: To prepare for the inspection, have the applicant walk through their property room by room, making a list of all the damage to their home and personal property and taking photographs of the damage. They can use the list as a guide during the inspection and, if needed, you can use it for an appeal. FEMA inspectors do not go on roofs or under homes, so it is helpful to have photos or other proof that your client can show the inspector like an estimate of repair.
• Practice Tip: If the applicant’s home was flooded and they took photos of the water inside the home, they can show those to the inspector. We also suggest having pictures of the waterline in their home once the water has receded. It is best to include a ruler or measuring tape in the photo to more accurately reference the amount of water in the home.

If the applicant speaks a language other than English, they should request an inspector who speaks their preferred language. It is imperative that the applicant can communicate effectively with the inspector during the inspection. If the inspector doesn’t speak their preferred language, the applicant should ask them to call for a telephone translation service. Lastly, the applicant should also have someone they trust who is able to translate for them during the inspection. If the FEMA inspector does not accommodate their language needs, the applicant should get their name and identification number and report them to FEMA.

C. Decision Letter

After the inspection, FEMA will notify the applicant of its decision regarding eligibility for assistance. If they qualify for assistance, FEMA will issue a check by mail or direct deposit. FEMA will also send the applicant a letter (or post it in their online account) describing how they are to use the money. Applicants should only use FEMA assistance for eligible uses and should keep receipts showing how they spent FEMA assistance.

If FEMA decides that a disaster survivor does not qualify for assistance, FEMA will send them a letter explaining why they were denied. FEMA must provide vital documents, like a determination letter, in the applicant’s preferred language.

Practice Tip: Throughout the entire application process, even if an applicant is receiving assistance from an attorney, FEMA will only issue notices of decisions or requests for additional information to the client and will not send mail or email to the attorney representing the applicant. Therefore, attorneys must ensure that their clients can and do receive all communications from FEMA.

D. Staying in Contact with FEMA

The applicant must keep FEMA up to date on their contact information. Some information, such as current phone number, mailing address, or insurance policy number, can be updated online by clicking Check Status and logging into their online account or creating an account. To update other file information, applicants need to call the FEMA Disaster Helpline toll-free at 1-800-621-FEMA (3362) (hearing/speech impaired ONLY—call TTY number: 1-800-462-7585), visit a Disaster Recovery Center, or write to FEMA at the address provided on any correspondence they have received. Even if they update the information by phone or in person at a Disaster Recovery Center, it is best to confirm all requests to FEMA in writing.

E. Make an Insurance Claim

If the applicant has insurance that may cover their disaster-caused damages, advise them to apply for FEMA anyway. FEMA cannot duplicate insurance payments, but underinsured applicants may receive assistance after their claims are settled. The applicant should make it clear to FEMA that they have insurance and that they are making a claim, or they must explain why they cannot make a claim on that insurance. The applicant must also provide FEMA all relevant documentation related to their insurance. This proof may include documentation showing relevant coverage, as well as any settlement decisions the applicant has received. Relevant coverage includes any insurance that can be used to recover from the particular peril that resulted in the damage. For example, there is no need to provide fire insurance documentation for a flood-only disaster. While the applicant is waiting for their insurance company to make a decision, FEMA will likely deny the applicant assistance. If the applicant’s insurance later denies coverage, or the insurance payout is less than the amount the applicant needs, they may then appeal the FEMA decision.

Practice Tip: Late applications to FEMA are often unsuccessful. A late application due to the applicant waiting on an insurance decision is not likely to be an acceptable reason for a late application and may lead to a denial of benefits. Always recommend that the applicant submit a timely application to FEMA clearly describing the status of their insurance claim.

If the insurance company does not reach a settlement in a timely manner, FEMA may allocate funds in the meantime. Upon receipt of an insurance settlement, the applicant must send FEMA documentation of their insurance settlement and will need to pay back any duplicate funds. Please note, however, that FEMA funds generally cannot be used to cover insurance deductibles. For more specifics about FEMA’s relationship with insurance, please see Chapter 9: Insurance Issues.

F. Avoid Duplicate Benefits

FEMA cannot award assistance for a disaster need that an applicant has already received assistance for, regardless of the source of the assistance. If the applicant receives FEMA assistance and FEMA later determines there was a duplication of benefits, it may result in recoupment. Generally, recoupment means that the applicant will have to pay some or all of their award money back to FEMA in the future. Disaster survivors are not excluded from seeking assistance from more than one source; however, each form of assistance must cover a different need. Survivors may also receive multiple forms of assistance for the same need so long as the resources do not exceed the approved cost for that need.

Deadlines for FEMA appeals are almost always sixty days from the date on the denial letter. Occasionally, FEMA will request additional information from the applicant, and those requests typically have a deadline of 21 days.

Practice Tip: FEMA has a deadline for its appeals but generally accepts appeals submitted after the deadline for a good cause reason. Generally, even if the applicant’s only reason for a late appeal is a lack of knowledge about the deadline, FEMA may consider the appeal. Consider appealing FEMA denials for applicants who are past the deadline if they have an otherwise strong case.

Practice Tip: You should follow up with FEMA within three days to confirm receipt of the appeal. Applicants can check the status of their application by creating an account here and clicking Check Your Status or by logging in through the FEMA mobile app.

A. Investigate the status of the FEMA application and obtain a written consent form.

First, you should determine what the applicant has already submitted to FEMA, what communication they have received from FEMA, and, most importantly, what assistance they are qualified for.

If the applicant has decision letters from FEMA, ask for copies and review them. Denial letters will provide the denial reason. FEMA may list multiple denial reasons in the same letter. For example, the applicant may have received a letter denying them home repair assistance because the “home is safe to occupy” and because they did not successfully prove ownership.

Practice tip: If the applicant requests legal assistance months after an application to FEMA for assistance and has not received any decision letters from FEMA, check to see if they have set up an online account and received decision letters there. Sometimes, applicants who do not have reliable access to the internet set up online accounts with assistance from family member or friend but then later cannot access the online account. FEMA may also send an applicant an email about an eligibility decision, but the actual decision letter with denial reasons and other information is only in their online account.

Practice Tip: Always get written, signed consent from the applicant to release their FEMA disaster assistance records to a third party and a copy of the applicant’s ID at the beginning of the representation. Both documents must be submitted with all appeals to FEMA, so having them ready will save time in the future.

FEMA has a standard written consent form available here. The written consent should include the following information:

• The applicant’s full name
• The applicant’s date and place of birth
• The applicant’s current mailing address
• The applicant’s damaged address
• The last four digits of the applicant’s Social Security number
• The applicant’s signature (dated)
• A notarization of the statement “I hereby declare under penalty of perjury that the foregoing is true and correct.”
• The applicant’s FEMA Application Number and the relevant disaster number
• Specific indication of what information can be released (likely all information relevant to the applicant’s case)
• Specific third-party designation identifying the individuals, entities, or organizations to whom information may be released

B. Request a copy of the applicant’s FEMA file

After determining the status of the applicant’s FEMA application, request the FEMA file. To request a FEMA file, submit a cover letter making the request for the FEMA file, a copy of the applicant’s government-issued ID, and a written consent. Throughout the entire FEMA application process, FEMA will not communicate with an attorney or third party unless the applicant has submitted signed written consent authorizing FEMA to release the applicant’s information to the advocate.

Submitting a FEMA file request early into the representation of the applicant’s case is helpful for several reasons. First, FEMA files should contain all the documents that the applicant has provided to FEMA and that FEMA has sent to the applicant. Second, the FEMA file may contain notes from the caseworkers who made the decision in the applicant’s case. This information may be helpful for later appealing FEMA’s decision. Lastly, for the advocate to speak to FEMA on the applicant’s behalf, FEMA must have a copy of the signed written consent on file. Requesting a FEMA file is an easy way to provide a copy of the written consent to FEMA early in the case.

FEMA files sometimes arrive only a few weeks after they are requested, but may also take several months or more. Advocates should not wait to receive the FEMA file to submit a timely appeal to FEMA.

C. Contact FEMA

The FEMA helpline number is 1-800-621-3362. If you urgently need more information about an applicant’s case, contact FEMA directly for more information. To avoid delays, contact FEMA directly once written consent is on file or join the call with the applicant. After a disaster, survivors may experience trauma, and trying to navigate FEMA may cause additional pain or confusion. Furthermore, FEMA hotline agents, DRC staff, and inspectors are not the decision-makers. They might give conflicting or even incorrect information, or make agreements without the authority to do so (such as ordering another inspection).

A FEMA applicant can appeal any initial eligibility determination for assistance, including the amount of assistance awarded. Even if the applicant received some assistance from FEMA, they can appeal and request more assistance if they believe their disaster damages are greater than the amount of assistance they received.

All appeals should follow the same outline and contain the following elements:

• A cover letter written by the attorney
• Signed written consent
• A copy of the applicant’s ID
• Supporting documents

Practice Tip: A signed declaration from the FEMA applicant explaining the facts of the case and requesting the appeal is no longer required for disasters declared after March 22, 2024. However, when possible, it is wise to include the declaration so that the caseworker can better understand the supporting documents and the justification for the appeal. FEMA has created an optional Appeal Request form that includes the basic information required for an appeal.

The contents of the cover letter, the applicant’s declaration (if included), and the supporting documents will change depending on the type of appeal, but the general format is the same. FEMA might not consider a third-party appeal without a copy of the applicant’s ID and the signed written consent. Never send a FEMA appeal without these two documents.

Fax FEMA appeals to FEMA at 1-800-827-8112.

A. Immigration Status

Eligible immigration statuses for IHP include United States Citizens, non-citizen nationals, or “qualified aliens.” The IAPPG contains a more in-depth explanation of the types of “qualified aliens” eligible for IHP. Applicants may be eligible for mass care/emergency assistance, crisis counseling, disaster case management, and disaster legal services even if they do not have a valid immigration status for other types of assistance.

Practice Tip: For mixed-status families, a US citizen minor child of undocumented parents may be the applicant to FEMA, even though minor children are not typically permitted to apply to FEMA. The undocumented parent must register as a co-applicant. Often, FEMA cannot verify the identity of these minor children because they do not have government-issued IDs, which are the primary method used to verify identity. To show the identity of minor children, the easiest method is typically to submit a copy of the child’s birth certificate and Social Security card, or other documentation from the Social Security Administration showing the child’s Social Security number.

Practice Tip: When applying for FEMA assistance, the applicant must sign a Declaration and Release stating that the applicant (or eligible minor child) is a citizen or has another eligible immigration status. That form includes the statement, “I understand that the information provided regarding my application for FEMA disaster assistance may be subject to sharing within the Department of Homeland Security (DHS) including, but not limited to, the Bureau of Immigration and Custom Enforcement.” Applicants should understand that their information could potentially be shared with ICE before they apply so that they can make an informed decision about whether to apply for FEMA HA or ONA. If a household has any questions about immigration status, they should contact an immigration attorney before applying for FEMA assistance.

B. Ownership

Only applicants who are requesting home repair or replacement assistance must show ownership of their home at the time of the disaster. Once the applicant represents that they own their home, FEMA will try to verify the applicant’s ownership by looking at county or other local government records. If the records are incorrect or incomplete, FEMA may deny the applicant without giving them an opportunity to provide other documentation. Additionally, if the title documents are state-specific or uncommon, FEMA caseworkers (who are not attorneys) may need you to interpret the law in the relevant state and explain how the applicant owns the home; this will need to be done in writing.

FEMA also has an alternate ownership standard if the applicant has an ownership interest in the property but does not have clear or legal title. If an applicant does not pay rent to live in the home and can show that they either pay the property taxes or are responsible for maintenance to the home, then they are the owner for purposes of FEMA home repair assistance. The full list of documents that can be used to verify ownership is available in the 2021 update to the IAPPG, available here.

As a last resort, FEMA may accept a sworn statement from applicants with heirship property, applicants living in insular areas, islands, and tribal lands, or those who own mobile homes or travel trailers. A self- declarative statement for proof of ownership must include the following items:

1. The address of the disaster-damaged residence
2. Length of time you lived in the disaster-damaged home, as your primary residence, prior to the Presidential disaster declaration
3. Your or your co-applicant’s name and signature
4. The major elements of the following statement and additional explanation:

"I have made a good faith effort, in coordination with FEMA, to obtain and provide a copy of acceptable ownership documentation. I do meet FEMA's definition of an owner-occupant because I am either [(A) the legal owner of the home, (B) pay no rent but am responsible for the payment of taxes or maintenance for the residence, or (C) hold lifetime occupancy rights]. I was unable to obtain this documentation because [provide an explanation of the circumstances that prevent standard ownership verification of the appropriate owner-occupant category]. I hereby declare under penalty of perjury that the foregoing is true and correct."

Or

A self-declarative statement for proof of ownership passed down via heirship must include all the below items:

1. The address of the disaster-damaged residence
2. Length of time you lived in the disaster-damaged home, as your primary residence, prior to the Presidential disaster declaration
3. Your or your co-applicant’s name and signature
4. A copy of the decedent’s death certification
5. The major elements of the following statement and additional explanation:

"I have made a good faith effort, in coordination with FEMA, to obtain and provide a copy of acceptable ownership documentation. I was unable to obtain this documentation because [provide an explanation of the circumstances that prevent standard ownership verification]."

AND, the major elements of the following statement:

"As the nearest relative of the deceased in the line of succession, my ownership includes all the rights and obligations of the deceased. The decedent's name is , and they died on . I understand I must submit the death certificate along with this declaration. I hereby declare under penalty of perjury that the foregoing is true and correct."

Practice Tip: If FEMA awards an applicant rental assistance, this means the applicant has met the general qualifications for FEMA assistance. If the applicant has also been denied home repair assistance, the last thing they need to prove is ownership.

For ownership appeals, as with all FEMA appeals, draft a cover letter and consider submitting a declaration explaining ownership of the applicant’s property.

Submit the cover letter and declaration (if included) to FEMA with any documents that clarify the title. If the applicant is attempting to show ownership under FEMA’s alternate ownership standard, submit proof that the applicant is responsible for the property tax or maintenance of the property, or any other verification documents, as well as a sworn statement that they do not pay rent. A notarized statement from the legal owner confirming that the applicant does not pay rent and is responsible for the property taxes or pays for maintenance is not required but is helpful.

C. Occupancy

To be eligible for housing and personal property assistance, an applicant must have occupied the home at the time of the disaster. FEMA typically uses the applicant’s government-issued ID to verify occupancy. If the applicant does not have a state-issued ID or the address on their ID does not match their home address, FEMA may deny assistance until the applicant can show they occupied the home at the time of the disaster. The most common documents evidencing occupancy include utility bills, bank statements, credit card statements, pay stubs, rent receipts and rental/residency agreements. These documents must be dated within the three months prior to the disaster. The complete list of documents to prove occupancy is in the 2021 update to the IAPPG, available here.

As a last resort, applicants whose pre-disaster residence was a mobile home or travel trailer, or who were living in insular areas, islands, and tribal lands, may submit a self-declarative statement for proof of occupancy. It must include all of the below items:

1. The address of the disaster-damaged residence
2. Length of time you lived in the disaster-damaged home, as your primary residence, prior to the Presidential disaster declaration
3. Your or your co-applicant’s name and signature
4. The major elements of the following statement and additional explanation:

“I have made a good faith effort, in coordination with FEMA, to obtain and provide a copy of acceptable occupancy documentation. I was unable to obtain this documentation because [provide an explanation of the circumstances that prevent standard occupancy verification to include why the other document types were not available to the applicant or how the available documents do not meet FEMA's requirements]. I hereby declare under penalty of perjury that the foregoing is true and correct."

D. Disaster Caused Damage

FEMA’s standard for habitability is whether the home is safe and sanitary. If a FEMA inspector decides that the home is “safe to occupy,” assistance may be denied. To appeal such a decision, provide a declaration from the applicant explaining the damage to their home, identify any damages missed by the original inspector, and then explain how the damage was caused by the disaster. List repairs that have been made and why more financial assistance is necessary to make the home habitable. If the applicant has already received some repair assistance and spent that money on repairs, provide receipts to show how they spent the money.

The applicant must get a repair estimate. Without a repair estimate, FEMA will likely deny the applicant immediately. The estimate should be itemized and should contain the contractor’s name and contact information. FEMA will contact the contractor to confirm they inspected the home, and that the disaster caused the damage. If the contractor does not respond, FEMA will likely deny the applicant’s request for a second inspection.

Practice Tip: FEMA does not make decisions about home repair assistance amounts based on estimates or receipts from the applicant. FEMA awards money based on the inspection reports from their own inspectors. The purpose of appealing a home repair assistance decision is to ask that FEMA issue a new inspection. Hopefully, the second inspector will determine there is more damage.

Disaster survivors with disabilities who are denied FEMA benefits, and whose underlying health conditions were not taken into account while determining eligibility, have a right to appeal and may be eligible for reasonable accommodation.

E. Rental Assistance/Continued Rental Assistance

Rental assistance is available for both renters and homeowners. Homeowners may receive rental assistance if the home was damaged in the disaster so that they are able to relocate while repairs to the home are made. Renters may receive rental assistance when the renter’s unit was damaged or is no longer accessible.

Practice Tip: To determine whether an applicant needs rental assistance, FEMA asks the applicant if they are willing to relocate. Applicants often misunderstand this question and believe that FEMA is asking whether they want to relocate permanently. If the applicant wants rental assistance to temporarily relocate while repairs are being made but has told FEMA they do not want to relocate, submit a declaration from the applicant requesting rental assistance. If FEMA has already found that the home was damaged, this request will likely be approved.

Practice Tip: Applicants who received Displacement Assistance as part of an ONA award must contact FEMA and affirmatively request Rental Assistance if they need longer-term temporary housing assistance.

Rental assistance is available for eighteen months following the disaster. However, in practice, ongoing rental assistance, known as Continued Temporary Housing Assistance (CTHA) is much harder to receive than the original two-month rental assistance disbursement. To receive continued rental assistance, an applicant must fill out and submit the Application for Continued Temporary Housing Assistance. FEMA should send the application automatically to eligible applicants. Applicants who received Rental Assistance but have not received the Application for CTHA when their rental assistance is close to ending should contact FEMA. The rental assistance form must also contain the following documents: a copy of the current lease, proof that prior rental assistance from FEMA was properly spent or will be spent, proof of pre-disaster housing costs including property taxes and utility bills, and proof of pre- and post-disaster income for all adults in the home.

Most importantly, the applicant will have to show that their pre-disaster residence is uninhabitable, inaccessible, or not available due to the disaster. For homeowners, if FEMA has provided funds to make the home habitable, FEMA will likely decide that the applicant should return to their pre-disaster home, even if the applicant believes the home is still unsafe to live in. For renters, if there are rental properties in the area charging rent comparable to pre-disaster rent prices, FEMA will likely conclude the applicant is in the same position as prior to the disaster and therefore no longer needs continued rental assistance.

Appealing denials of continued rental assistance is possible but often unsuccessful. To bolster the appeal, include complete documentation showing that the original FEMA award was spent on rent for another residence, and documentation evidencing that the original residence remains uninhabitable.

After you submit the FEMA appeal on the applicant’s behalf, be sure to check its status periodically to see if FEMA has made a decision. FEMA will not send appeal decisions to you, even with written consent on file. Be sure to remain in contact with the applicant. Contact FEMA directly to get status updates if it has taken more than thirty days for FEMA to reach a decision.

Warn the applicant that any funds received must be used for the exact purposes specified in the award letter. Tell the applicant to keep documentation proving they were eligible for the assistance when they received it and proof of how they spent the assistance, as FEMA may demand reimbursement for up to three years if they later determine that an applicant wrongfully received FEMA assistance. Advise the applicant to either make extra paper copies or create electronic copies.

After two appeals for Other Needs Assistance have been denied or if the applicant disagrees with the amount of ONA benefits received from Texas Health and Human Services, the applicant may challenge the decision regarding the amount of benefits by filing an appeal and requesting a fair hearing. The request should include the applicant’s FEMA registration number, the applicant’s name, and the last four digits of the applicant’s Social Security number. An applicant generally has sixty days to file an appeal from the date on the last denial letter from ONA. For detailed information on what to include with an appeal, see sections 2.5 and 2.6.

Legal counsel may represent the applicant in the hearing for ONA benefits, or the applicant can do the hearing pro se. If an attorney is representing a disaster survivor in a fair hearing, the attorney will need to submit TxHHSC Form H1003, Appointment of an Authorized Representative to Allow Another Person to Act for You, and Form H1826, Case Information Release, along with a request for a Fair Hearing.

Once TxHHSC ONA receives the request for a hearing, the applicant will be notified of the date of a hearing. If needed, the applicant may request that a translator be present during the hearing and the documents be provided to the applicant in their primary language. TxHHSC ONA must provide the applicant with the evidence the agency used to make its decision. If the applicant does not receive this, they should ask for the evidence packet. The applicant should submit any evidence they have supporting their claim for assistance to TxHHSC ONA before the hearing. If there is an opposing counsel representing the agency, the applicant’s evidence packet will need to be submitted at least 20 days prior to the hearing. Additionally, the applicant can request interrogatories. The notice will have a phone number to call for the hearing. There will be a Hearings Officer and a representative from TxHHSC ONA on the line. The applicant will have the opportunity to present the reasons why they believe they are eligible for ONA benefits to the Hearings Officer. The applicant has the right to call witnesses and the right to ask the TxHHSC ONA representative and their witnesses questions. Additionally, the applicant can request that TxHHSC ONA produce a FEMA witness for cross-examination. The TxHHSC ONA representative will also have a chance to explain why they believe the applicant is not eligible for more benefits. After the hearing, the applicant will receive a decision from the Hearings Officer. If the applicant disagrees with the Hearings Officer’s decision, they may appeal and request a procedural review of the case.

Section 1000 of the Texas Health and Human Services Fraud and Fair Hearings Handbook provides information on the appeals process, including the rules governing hearings procedure, evidence, and appellants’ rights. The Texas Rules of Evidence and Texas Rules of Civil Procedure do not apply to TxHHSC ONA Fair Hearings. In addition to relying on the TxHHSC Fraud and Fair Hearings Handbook, consult the State Administrative Plan regarding TxHHSC policy and guidance for ONA benefits.

If your area has been impacted by a disaster, consider taking FEMA appeal cases pro bono to help your community recover. FEMA assistance is typically some of the earliest financial help to arrive in a disaster- impacted area. Obtaining FEMA assistance can be vital for preventing further damage and making recovery faster.

After a major disaster, it can be overwhelming for attorneys to know how to assist their communities. Learning a new area of law can be daunting, but your legal expertise in other practice areas can be just as helpful as a FEMA appeal. As discussed above, FEMA may rely on supplemental documentation for eligibility. Consider volunteering with your local legal services organization by taking on a probate or title clearing case, assisting a survivor in replacing lost documents, or an insurance case.

*This chapter was written utilizing the FEMA IAPPG, FEMA’s Website, and the National Disaster Attorney Guidebook chapter on FEMA assistance and revised to include state specific information for Texas Attorneys. 1