FEMA Appeals Volunteer Resources

What SALSA will Gather from Client

• Copy of client’s ID
• FEMA letters or documents client has received
• FEMA Authorization Form – faxed to FEMA by SALSA Staff 
  • Allows SALSA (i.e. volunteer attorneys and staff) to discuss the client’s case with FEMA
  • PRACTICE TIP: File this signed document and a copy of client’s ID again every time you file something with FEMA
• Request for FEMA File – faxed to FEMA by SALSA Staff
  • Ideally, this is something you would have BEFORE you file the appeal, but in practice the appeal due date often precedes the receipt of the FEMA File.
  • What does the FEMA File contain?
    • Correspondence from FEMA/Client (could impact deadlines; confirms whether your appeal is really the first one)
    • Comments and contacts reports (reasoning of an inspector or the decisionmaker)
    • Inspection report (sets out information about damage observed BUT doesn’t tell you whether inspector found it affected habitability; doesn’t tell you the costs associated with each line item (may be able to get line item cost information from CALLING FEMA hotline)

What Happens when you Appeal

Documents to be included in every appeal:

1. Cover Letter
2. FEMA Authorization Form
3. Copy of Client I.D.
4. Client’s Declaration under penalty of perjury
5. Supporting Documents

What will FEMA do with appeal after I file it?

• Receive it by mail or fax (practice tip is to send via certified mail AND fax)
• Upload it into their system (scan and label)
• Submit file requests for processing
• HA appeals placed in queue for review (up to 90 days)
• ONA appeals sent from FEMA to THHSC for review (up to 90 days)

What should I follow-up with FEMA about immediately after submission?

• Confirm appeal received/properly labeled and forwarded for review (if ONA)
• Confirm nothing else needed and/or resolve any problems with documentation or problems with third party

What happens if I need to supplement the appeal?

• If you send letters to supplement appeal, we don’t know what happens to the appeal (whether they take it out of queue, etc.) but we know that FEMA usually won’t respond if you promise to supplement in your cover letter but should hold file aside for supplement.
• If you mention a supplement in your appeal letter but don’t end up needing to supplement, contact FEMA to make sure appeal goes into queue

No decision issued and it has been longer than 90 days?

• Find out why it is taking so long – may be a need for additional troubleshooting or case may have been decided but no written notice was sent out (if you can prove lack of notification was a FEMA error, you may have more time to file a subsequent appeal).

What if appeal decision is a denial of HA or not enough money?

• Is there new information since the last appeal that would warrant an additional appeal?
• Did FEMA err and can I demonstrate that?
  • Did FEMA neglect to do a second inspection despite your providing the proper supporting documents?
  • Did FEMA apply the wrong standard?
  • Did FEMA consider the wrong documents?

PLEASE REACH OUT TO SALSA STAFF TO DISCUSS TAKING ON ADDITIONAL APPEALS

FEMA Appeals 101

FEMA Inspections

Initial Inspections: Inspections occur in MOST but not all FEMA claims (tied to the “type” of claim being made).

• FEMA will USUALLY promptly inspect the property.  The purpose of the inspection is to establish that home is uninhabitable (for rental assistance or units), needs repairs/replacing, or that other property damage occurred.
  • Must verify ownership and occupancy at every inspection. 
• In past disasters there have been problems with quality of inspections (e.g. “drive-by” inspections) – if this happens, make sure to include this in FEMA Appeal. Because of the pandemic FEMA is conducting “virtual” inspections for all claims. See Handbook re: virtual and telephonic inspections for an overview of the current process.
• Most inspectors are not FEMA Employees. They are hired by two companies to provide inspections as independent contractors. They may not have any experience with evaluating damage to homes because the only requirement is a criminal background check.
  • Limited in what they cannot/do not do – e.g.: cannot use a ladder to view roof; don’t get underneath a house. 
  • In the past, inspectors have received bonuses if they hit quotas.
  • Ask client if there was a language barrier and ask how they felt during inspection and include that information in FEMA appeal. 
  • FEMA inspectors decide a LOT of threshold issues: ownership verification; applicant occupation; whether damage/losses are disaster-related; whether housing damage affects habitability; whether essential items were affected; and whether the client’s other needs are serious. 

Remote Inspections

PowerPoint Presentation on Remote Inspections – Overview of Individual Assistance Housing Inspection Service Remote Inspections

FEMA Guidelines for Remote Inspections – FEMA Housing Inspection Services Inspection Guidelines

Second Inspections: If you don’t like the outcome of the first inspection, the goal is to get a second one! FEMA does not look at appeals and then make an award when an inspection has been conducted – the “remedy” is to order another inspection. Clients need to promptly respond to inspector and if there is a practical obstacle to new inspection, push for alternatives.

Common Problems while Dealing with FEMA

• Navigating bureaucracy: FEMA tells people it’s easy, but the process is really difficult for clients to navigate. The process wears people down when they’ve already been hit by a disaster – your client has likely spoken with people from multiple agencies trying to obtain assistance so verify through document review or by calling the hotline what they have actually provided to FEMA. 

• Breakdown in communication: Maybe applicant is still waiting on inspection, but verify that there aren’t electronic notices they can’t access or that there isn’t an error in mailing address or other application information that needs to be corrected (PRACTICE TIP: best to correct this in writing)
  • If no word on Personal Property Assistance (PPA) or Transportation Assistance (TA), confirm SBA loan app done if it was a pre-requisite 
  • Even though you are the attorney for your client, FEMA will only send denial letters and updates regarding your client’s case to your client. Therefore, it is best to stay in constant communication with your client about any communication FEMA has had with them to avoid delays in your client’s case.

Overview of Available Assistance

Texas operates a bifurcated disaster recovery process where claims are divided into two categories: HOUSING ASSISTANCE (administered by FEMA) and OTHER NEEDS ASSISTANCE (administered by FEMA and THHSC).

There are multiple programs within these two large categories for which your client may be eligible for relief funds. Once you determine your client’s threshold eligibility, you can learn more about how to develop a comprehensive appeal by clicking on the buttons below.

Clients receiving rental assistance benefits from FEMA may be eligible for continued assistance but MUST reapply to obtain continued assistance.