FEMA Benefits
From KatrinaLegalRelief
BASIC INFORMATION
What is FEMA?
FEMA is the Federal Emergency Management Agency, which steps in to manage and coordinate many government assistance programs after the President declares a federal disaster area. When the President declares a “major disaster” in the United States or its territories, federal assistance is made available, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5121 et seq., to supplement the efforts and resources of state and local governments and voluntary relief organizations. FEMA is the federal agency, a part of the U.S. Department of Homeland Security, that is responsible for coordinating federal disaster relief and assistance.
At FEMA's local assistance and disaster recovery centers, you can talk directly to representatives of state and volunteer agencies and get help with insurance questions.
RELIEF AVAILABLE
What types of disaster assistance does FEMA administer and coordinate?
There are several different types of assistance including various forms of housing assistance:
Temporary housing assistance
- lodging expense reimbursement – eligible applicants may receive a check for the
cost of short-term lodging, such as hotel rooms, incurred due to damage or inaccessibility to a residence or an official prohibition on returning to a residence.
- minimal repairs assistance – eligible applicants can receive financial assistance
to help make immediate emergency repairs to live in their residence while permanent repairs are being completed.
- rental assistance – an eligible applicant can receive financial assistance (based
on fair market rental value in the disaster area) to rent a dwelling for the pre- disaster household to live for a limited time. Rental assistance is available up to 18 months based on need, which is reviewed and evaluated quarterly.
Manufactured housing – FEMA may provide in-kind assistance in the form of mobile homes, a manufactured home or other readily fabricated dwelling. Due to the enormity of the housing crisis created by Hurricane Katrina, FEMA has leased several cruise ships to provide temporary housing.
Mortgage and rental assistance (MRA) – MRA provides means to allow people affected by a major disaster to remain in their homes.
Individual and Family Grant (IFG) Program – The IFG program is administered by states to cover necessary expenses and serious needs that cannot be met through other forms of disaster assistance. This assistance may cover repairing/rebuilding real or personal property, transportation, medical, dental and funeral expenses incurred by disaster victims. The maximum amount of the grant is adjusted each fiscal year and is currently $26,200.00
Note: On September 7, 2005, FEMA announced that it was distributing special grants of up to $2,000 to Hurricane victims in Louisiana and Mississippi to cover immediate needs for food, shelter, clothing, and other necessities. FEMA also announced that because many Hurricane Katrina evacuees had lost all their possessions they were relaxing standard documentation requirements for these grants.
Housing Repair – Eligible applicants may receive grants to repair damage from the disaster that is not covered by insurance.
Housing Replacement – In unusual situations where no other housing is available, homeowners and renters may receive assistance for construction of a new home.
Other Needs Assistance (ONA) – Eligible applicants may receive grants for necessary and serious needs such as medical, dental, funeral, personal property, moving and storage, and other expenses FEMA approves.
Cora Brown Fund – This fund is used for disaster victims who have exhausted all other avenues of assistance but still have unmet needs.
Disaster Unemployment Assistance (DUA) – DUA provides help for workers and those who are self-employed if they become unemployed as a direct result of the effects of Hurricane Katrina. DUA is funded 100 percent by FEMA but is administered by the Department of Labor through the state unemployment agencies. For more information, please see the Employment sections of this Handbook.
Small Business Administration (SBA) Loans – The SBA provides low interest, long-term loans for individuals to repair/replace real or personal property and for non-farm businesses. If the SBA determines the applicant is ineligible for an SBA loan, the SBA may refer the applicant to FEMA for additional consideration.
Crisis Counseling – FEMA provides grant funds to state or local mental health agencies to help relieve grief, stress or other mental health problems associated with the disaster. The program is funded by FEMA but administered by the U.S. Department of Health and Human Services.
Legal Services – FEMA, through a program with the American Bar Association’s Young Lawyers’ Section, coordinates free disaster legal services to victims of major disasters. These services include assistance with insurance claims (life, medical, property), landlord-tenant problems, consumer protection, and wills and estates. Eligible individuals should contact the ABA’s Young Lawyers Division (http://www.abanet.org/yld/home.html) or the Young Lawyers Divisions of Alabama, Florida, Louisiana or Mississippi Bar Association.
ELIGIBILITY
Am I eligible for assistance from FEMA?
If you experienced a loss in one of the disaster-affected counties or parishes on or after August 27, 2005 as a result of Hurricane Katrina, you may be eligible for assistance through FEMA. You should register with FEMA as quickly as possible. (You do not necessarily have to live in one of the declared counties or parishes to be eligible for FEMA's programs, but the loss must have been caused by devastation from Hurricane Katrina in those counties or parishes.) The various programs that FEMA coordinates have different eligibility criteria, and usually you only can receive assistance under one housing program at a time. FEMA will determine your eligibility for the various programs after you register.
Are aliens eligible for Federal disaster assistance?
To be qualified for cash assistance from FEMA the applicant must be a U.S. citizen or a qualified alien. A qualified alien generally includes persons who are lawful permanent residents (possessing an alien registration card) or those with legal status due to asylum, refugee, or parole. For more information, please refer to the Immigration section in this Handbook or consult an immigration law expert if you have further questions.
HOW TO APPLY
How do I register with FEMA?
The easiest way to register with FEMA is to call (800) 621-FEMA (3362) Monday – Friday between 8 a.m. to 6 p.m. For the speech- or hearing-impaired, call TTY: (800) 462-7585. Be prepared to give the FEMA representative the following information:
- your name;
- your Social Security number;
- any applicable insurance information;
- a description of your losses;
- directions to your damaged property; and
- a phone number where you can be reached.
You can also register at FEMA’s website: http://www.fema.gov by clicking on the “register for assistance” link. You may also check on the status of your application online. You can also register at one of FEMA's local assistance centers or disaster recovery centers. For information on locations of these centers, please see below.
What are Disaster Recovery Centers?
Following most major disasters, FEMA establishes Disaster Recovery Centers (DRCs) in or near the disaster areas. DRCs serve as one-stop information centers. Staffed by representatives from various federal, state, local and voluntary agencies, these centers are tailored to respond to the needs of the particular disaster.
How will FEMA process my request for help?
At the time of registration, the FEMA representative will give you a control (application) number. This number is very important for referencing your case, so please keep it handy. In the event you did not register online, it is also a good idea to keep the name of the person who registered you, in case any problem with your paperwork arises.
FEMA may then refer you to the Small Business Administration (SBA), which offers special loans to disaster victims. (It does not matter whether you own a small business or not.) If you are referred to the SBA, YOU MUST COMPLETE AND SEND IN YOUR SBA LOAN APPLICATION, EVEN IF YOU DO NOT THINK YOU WILL QUALIFY FOR A LOAN. The SBA serves as a gatekeeper to other government-run programs. Unless you send in your application and fail to qualify for an SBA loan (or a large enough loan to meet your needs), your application will not be passed on to the Other Needs Assistance (ONA) Programs, and you may not be eligible for additional assistance from other federal disaster programs.
If you have requested help from FEMA because of damage to your home, FEMA will send an inspector to look at the damage. These inspectors are not FEMA employees but are contractors. Nevertheless, the FEMA inspection is FREE. Do not let anyone charge you for an "inspection service." Request identification from the inspector, and request a copy of his or her inspection report. FEMA inspectors file a report but do not determine your eligibility.
You do not need to wait until the inspection to begin cleaning and repairing the property, but you should document the damage by taking pictures. (Video is a good record, too!) If possible, save damaged items.
You should be prepared to meet with the inspector on short notice. If you are not available for the inspection, your application may be withdrawn. Be prepared to supply the inspector with several pieces of information:
- valid identification;
- proof of home ownership or tenancy;
- proof of damages to your primary residence;
- receipts for expenses you have incurred; and
- photos of your property before you began repairs.
You will also need to sign the disaster application and a declaration that you are a citizen, a national, a resident alien, or otherwise lawfully present in the U.S. See the Immigration section of this Handbook for further discussion of immigration issues. The FEMA inspector will complete a report and transmit it to FEMA's National Processing Servicing Center (NPSC). The NPSC will review the information and decide whether you qualify for assistance. (In the interim, the NPSC may ask you for additional records, such as insurance papers, a copy of title, pay stubs, or repair estimates.) FEMA will mail you a notice of its decision.
What type of ownership documentation can the applicant provide to support his or her application for help?
Below are a few types of documents that may be provided to prove ownership:
- Deed or Official record may be the original deed or deed of trust to the property listing you as the legal owner.
- Title number which lists you on the actual escrow or title document for the purchase of the dwelling.
- Mortgage payment book or other mortgage documents (i.e. late payment notice, foreclosure notice) may be used to verify the ownership when your name is listed along with the damaged dwelling address.
- Real property insurance must be for the damaged dwelling the applicant is occupying with his or her name listed as the Insured.
- Tax receipts or a property tax bill showing the damaged dwelling and listing the applicant as the responsible party to the assessments.
What type of occupancy documentation can the applicant provide to support his or her application for help?
Below are a few types of documents that may be provided to prove occupancy:
- Utility Bill for the dwelling the applicant is occupying with his or her name (or name of co-applicant). The utility bill should be for one of the major utilities, such as electricity, gas, or water.
- Merchant's Statement sent to the damaged dwelling the applicant is occupying with his or her name (or name of co-applicant). Merchant statements include: credit card bills, delivery notices, or other first class mail addressed to the applicant and showing the damaged dwelling address.
- Employer's Statement sent to the damaged dwelling the applicant is occupying with his or her name (or name of co-applicant). An employer's statement refers to pay stubs and similar documents sent to the applicant and showing the damaged dwelling address.
- Current Driver's License showing the address of the damage dwelling.
To receive money for repair or help with housing needs do I first need to file a claim under any insurance policy I may have?
Yes. In order to receive money or help with housing needs you must have filed for insurance benefits (if you have insurance) and the damage to your property must not be covered by insurance.
What if the insurance settlement under my policy is insufficient to meet my disaster - related damage or need?
An eligible applicant will need to write a letter to FEMA indicating the amount of the unmet need. The applicant will need to present adequate documentation from his or her insurance company for FEMA’s review.
DEADLINES FOR APPLICATIONS
Yes, there will be important application deadlines that you must meet (unless specifically extended by FEMA), each of which is calculated from the date of the disaster declaration. The standard deadline for registration for individual disaster assistance is within 60 days following the date the President declares the disaster. If the standard deadline is applied, the following would be the deadlines for individual assistance:
| Date of Disaster Declaration | Standard Registration Deadline | |
|---|---|---|
| Florida | August 28, 2005 | October 28, 2005 |
| Louisiana | August 27, 2005 | October 27, 2005 |
| Mississippi | August 28, 2005 | October 28, 2005 |
| Alabama | August 29, 2005 | October 29, 2005 |
Can FEMA extend the registration deadline?
Yes, FEMA is authorized to accept late registrations for an additional 60 days beyond the standard registration period. However, FEMA rules require suitable documentation of the reasons for the delay. In light of the size of the disaster resulting from Hurricane Katrina and the huge number of victims displaced from their homes, we would expect (but there is no guarantee) that FEMA may well extend the period for individuals to register for disaster assistance.
HOW LONG DOES IT TAKE?
How long does it take to get help from FEMA?
If you have damage to your home or its contents and you are uninsured or you have suffered damage due to a flood, a FEMA inspector should contact you within 14 days of applying, to set up an appointment to assess your damage. Typically, within about 10 days after the inspection, if FEMA determines that you qualify for help, you will receive a direct deposit to your bank account or a check in the mail.
Once FEMA approves an application, how long will it take for an applicant to receive disaster funds?
Within about 10 days of an inspector’s visit to an applicant’s damaged residence, he or she should receive a check or a direct deposit to a bank account.
In the case of ONA assistance for Hurricane Katrina victims, FEMA has also announced that it will distribute $2,000 in expedited cash assistance to eligible applicants who lived in disaster areas of Louisiana and Mississippi.
Am I Eligible For Aid With Housing Needs?
To be eligible for help or money for housing needs that are the result of a disaster, all of the following must be true:
- You have losses in an area that has been declared a disaster area by the President, and your home is located in that area.
- The home in the disaster area is where you usually live and where you were living at the time of the disaster.
- You are not able to live in your home now, you cannot get to your home due to the disaster, or your home requires repairs because of damage from the disaster.
- You have filed for insurance benefits and the damaged property is not covered by your insurance.
- You or someone you live with is a citizen of the United States, a noncitizen national, or a qualified alien
Am I Eligible For Aid With NonHousing Needs?
You are eligible for aid if all of the following apply to you:
- You have losses in the disaster area
- You filed for insurance benefits, and the damage is not covered by the insurance
- You or someone you live with is a citizen of the United States, a noncitizen national, or a qualified alien
- You have necessary expenses or serious needs because of the disaster
- You have accepted assistance from all other sources available, including insurance proceeds and SBA loans
When Will I NOT Be Eligible for Aid from IHP?
You will NOT be eligible for aid if you:
- Have other, adequate rentfree housing that you can use (for example rental property not occupied)
- The home damaged is a secondary or vacation residence
- Your expenses resulted only from leaving your home as a precaution and you were able to return immediately after the incident
- You have refused assistance from your insurance provider
- Your only losses are business loans or items not covered by this program
- The damaged home where you live is located in a designated flood hazard area and your community is not participating in the National Flood Insurance Program. In this case, flood damage for your home will not be covered; however, you may qualify for rental assistance or items not covered by flood insurance (for example water wells, septic systems, medical, dental, or funeral expenses)
What Kinds of Losses Can I Recover?
IHP covers repair or replacement of items that were damaged as a direct result of the disaster, and that are not covered by insurance. Repairs or rebuilding may not improve your home above its predisaster condition unless required by current building codes.
Housing Needs: Aid is limited to what is needed to make your home safe and sanitary so you can live there. IHP will not pay to return property to its original condition. You may use aid for housing needs to repair:
- Structural parts of your home (foundation, outside walls, roof)
- Windows, doors, floors, walls, ceilings, cabinetry
- Septic or sewage system
- Well or other water system
- Heating, ventilating, and air conditioning system
- Utilities (electrical, plumbing, and gas system)
- Entrance and exit from your home
- Blocking, leveling, and anchoring a mobile home and reconnecting or resetting its sewer, water, electrical and fuel lines, and tanks
NonHousing Needs: Aid is limited to items or services that help prevent or overcome a disasterrelated hardship, injury, or adverse condition. IHP will not pay to return property to its original condition. You may use aid to repair or fund:
- Disasterrelated medical and dental costs
- Disasterrelated funeral and burial costs
- Clothing; household items (furniture, appliances); tools required for your job; necessary educational materials
- Fuels for primary heat source
- Cleanup items
- Disaster damaged vehicle
- Moving and storage expenses related to the disaster
- Other necessary expenses or serious needs as determined by FEMA
Can an applicant apply for help for a damaged car?
Yes. The applicant will need to provide proof of ownership and insurance information.
Can an applicant apply for help for food that has been lost because of the disaster?
No. Food loss is not covered by the IHP program Voluntary organizations in the disaster area may be able to help you with food needs.
Will any program pay for moving and storage expenses?
Costs of moving and storage may be covered by IHP, if these costs are directly related to Hurricane Katrina. Submit receipts to FEMA through the IHP program to see if they are covered.
AFTER THE APPLICATION IS SUBMITTED
If I am denied assistance by FEMA, how long do I have to appeal that decision?
Appeals from FEMA’s decisions regarding the Rental Assistance, Mortgage and Rental Assistance, and Home Repair Assistance programs are due within 60 days of the date on FEMA’s notice of decision.
To appeal a decision:
- Explain in writing why the decision is incorrect. You or someone who represents your household should sign the letter. If the person signing is not a member of your household, include a signed statement stating that the person may act for you. Date all of your letters.
- Include the FEMA registration number and disaster number (shown at the top of the decision letter).
- Mail appeal letter to:
FEMA Individuals & Households Program
National Processing Service Center
P. O. Box 10055
Hyattsville, MD 207827055 - You may also fax appeal letter to:
(800) 8278112 Attn: FEMA Individuals & Households Program
What If I Need A Copy Of The Information In My File?
You or someone from your household may request a copy of the information in your file by writing to:
FEMA Records Management
National Processing Service Center
P. O. Box 10055
Hyattsville, MD 207827055
If someone outside your household is submitting a request for you, include a statement signed by you giving that person your permission to request this information.
If an applicant has questions about his or her application or needs to change some of the information provided, what should he or she do?
Call the FEMA Disaster Helpline at 1-800-621-FEMA (3362) (hearing/speech impaired only: 1-800-462-7585).
If it has been more than 12 days since the FEMA inspector's visit and there has been no word from FEMA, what should the applicant do?
Call the FEMA Disaster Helpline at 1-800-621-FEMA (3362) (hearing/speech impaired only: 1-800-462-7585) to ask about your application. If there is a Disaster Recovery Center (DRC) in the applicant’s area, he or she also may inquire there about his or her application.
Do I Have To Use The Money For the FEMASpecified Reasons, or Can I Use It For Other Expenses?
You must use the money you receive in the way explained by FEMAIf you do not, you may not be eligible for any additional help, and you may have to give the money back.
Do I Have To Repay Aid Received?
No, it does not have to be repaid. However, SBA loans must be repaid.
Do I Have To Pay Taxes On Aid Received?
No, it is taxfree.
Is There A Time Limit For How Long Aid Can Be Received?
Yes, usually it is limited to 18 months from the date the President declares the disaster.
Will Receiving Aid Hurt My Chances For Getting Welfare, Income Assistance, Or IncomeTested Benefit Programs From The Federal Government?
No, it is not counted as income or a resource in determining eligibility for these programs.
Can I Reassign Or Transfer Received Aid To Another Person?
No, you may not reassign or transfer your aid.
Can Aid Received Be Garnished or Seized?
Aid is exempt from garnishment, seizure, encumbrance, levy, execution, pledgeattachment, release, and waiver.
Do I Need To Keep Any Receipts Or Bills From Repairs?
Yes, you must keep receipts and bills for 3 years to demonstrate how the aid was used to meet your disasterrelated need.
What If The Aid From FEMA Was Not Enough To Fix All Of The Disaster Damages?
SBA disaster loans may be available. Application can be made for any additional amount needed to complete recovery. Call SBA at 18004885323.
What If I Cannot Afford A Loan From SBA To Repair Damaged Property?
If SBA determines you cannot afford a loan, it will refer you back to FEMA. FEMA may be able to offer additional help for housing needs, however it cannot assist businesses. IMPORTANT: If you were sent an SBA disaster loan application, SBA will NOT refer you back to FEMA unless you complete and return the application.
What If, After Filing A Claim, My Insurance Settlement Is Delayed?
If a decision on your settlement is delayed longer than 30 days from the time you filed the claim, then you must write a letter to FEMA explaining what has happened. Include documentation that you filed the claimitems such as the claim number and the date you appliedand the estimated date you will receive your settlement. If you are awarded aid from FEMA, you must repay the amount the insurance settlement covers.
What If The Insurance Settlement Does Not Meet My DisasterRelated Needs?
Write a letter to FEMA explaining what your unmet needs are, and include documentation from your insurance company.
What If I Use All Of The Additional Living Expenses (ALE) Provided By My Insurance Company?
Write a letter to FEMA explaining why you continue to have a temporary housing need, and include documentation proving use of ALE from insurance, along with a permanent housing plan.
What If I Cannot Find Rental Resources In My Area?
The FEMA Hotline (1800621FEMA) has a list of rental resources in the disaster area. If none are available in your county, an agent can provide you with resources in a nearby county.
Do I Have To Submit Insurance Information To FEMA For Review Within A Certain Time Limit?
You have up to twelve (12) months from the date you registered with FEMA to submit your insurance information. IHP cannot give aid for losses that are covered by insurance.
OTHER FEMA SERVICES
Can FEMA help a victim locate a missing family member or friend affected by Hurricane Katrina?
The American Red Cross has set up a registry to locate missing persons as a result of Hurricane Katrina. Please visit the American Red Cross’ Family Links Registry at http://www.familylinks.icrc.org/katrina.
Where can I find more information about FEMA’s programs for victims of Hurricane Katrina?
If you have questions specifically about FEMA’s programs for victims of Hurricane Katrina, you may want to call a hotline established by the Young Lawyers’ Division of the American Bar Association at (800) 310-7029. Additionally, if you have internet access, you can find answers to frequently asked questions about disaster assistance by reviewing FEMA’s website at http://www.fema.gov.
