If you live in a disaster area declared by the federal government and need disaster help, before you address your legal issues you must first address your immediate needs by doing the following:

1) Your first call should be to:

FEMA (Federal Emergency Management) 1-800-621-3362

TTY (for the speech and hearing impaired) 1-800-462-7585.

You MUST register with FEMA to guarantee that you will receive all of the federal assistance for which you are eligible. You will be given a FEMA Claim Number. Please make sure to keep careful track of this number. More detailed information can be found below.

If you live in a disaster area and need disaster help or apply on line at www.FEMA.gov. Click on “Online Individual Assistance Center” and the screens will prompt you through the process. You may also register by calling 1-800-621-FEMA (3362) (hearing/speech impaired ONLY—Call TTY: 1-800-462-7585). If you get a busy signal when you call the toll-free number try calling in the evening after 10:00 p.m. or on the weekends when fewer people are trying to call.

When you apply you should have a pen and paper available to write down important phone contacts. If possible, have the following information available: Your social security number, current and pre-disaster address, phone numbers, type of insurance coverage, total household annual income, and a routing and account number from your bank if you want to have disaster assistance funds transferred directly into your bank account.

FEMA will mail you a copy of your application and a copy of “Help After a Disaster: Applicant’s Guide to the Individuals and Households Program” that will answer many of your questions.

If your home or its contents are damaged and you do not have insurance an inspector should contact you within 10 to 14 days after you apply to schedule a time to meet you at your damaged home. In areas where access is still severely limited, it may take longer for an inspection.
If your home or its contents were damaged and you have insurance you need to work through your insurance claim first and provide FEMA with a decision letter (settlement or denial) from your insurance company before FEMA issues an inspection. ***There is an exception for damages caused by flooding; if you have flood insurance, FEMA will issue an inspection before receiving a copy of your flood insurance decision letter to evaluate your eligibility for temporary living expenses because temporary living expenses are not covered by flood insurance.
About 10 days after the inspection FEMA will decide if you qualify for assistance. If you qualify for a grant FEMA will send you a check by mail or deposit it in your bank account. FEMA will also send you a letter describing how you are to use the money (for example: repairs to your home or to rent another house while you make repairs).
If FEMA decides that you do not qualify for a grant FEMA will send you a letter explaining why you were turned down and give you a chance to appeal the decision. Appeals must be in writing and mailed within 60 days of FEMA's decision.
If you get a SBA Disaster Loan application in the mail, you must complete and return the application to be considered for a loan as well as certain types of grant assistance. SBA representatives are available at Disaster Recovery Centers to help you with the application. If the SBA finds that you cannot afford a loan they will automatically refer you to FEMA's Individual and Household grant program for help.
If the SBA approves you for a loan, they will contact you. If the SBA finds that you cannot afford a loan, FEMA will contact you.

Please be sure to keep your phone number and mailing address current in FEMA’s records. FEMA has implemented new technology to help inform you that we have received your documents. You will be contacted via a recorded message informing you that FEMA has received your documents. FEMA advises that you please be patient and wait to receive the recorded message rather than calling the FEMA Helpline number and/or re-mailing or re-faxing the documentation since the automated message will contact you just as soon as your documents have been placed in your file. You can also check if documents have been received using the online help center.

Please remember that when you mail or fax documents to FEMA, it is very important to include your name, your social security number, the disaster number and your registration ID number on all paperwork. This will speed handling and assure that the documents are placed in the correct file. The numbers can be found on the cover page that is included with all FEMA correspondence in the upper left hand corner of any letter FEMA sends you.

2) Next call the American Red Cross

The Red Cross can help with clothing, food, shelter, travel expenses and case management. (See index for your nearest American Red Cross Chapter).

3) In the meantime – if you have pressing, emergency needs that need to be met before your Red Cross appointment, please call:

Your local United Way (See index for your nearest United Way office).

Other Organizations

There are other organizations listed in the index such and community action agencies and area agencies on aging that may be able to assist you with food, shelter, and clothing. You should contact them.

Seeking Legal Assistance/About This Manual

In the event of a disaster, you may find you have to deal with issues for which you need the assistance of an attorney. Some of these issues are discussed in this booklet, but it does not address all potential legal issues you may face. Numbers to call to inquire about legal assistance can be found under “Legal Assistance” in the Resource Directory found in the back pages of this manual.

The distribution of this manual does not create an attorney/client relationship between the reader and any staff of a legal aid program within the State of Missouri or any staff and/or volunteer attorney of said programs. The information contained herein is for general information purposed only, and was compiled from a variety of sources and is subject to change at any time. The information contained herein does not constitute legal advice and should not be relied upon as legal advice. Information may not apply to your particular facts and circumstances. If you wish to act upon any information contained herein, you are advised to consult about your particular situation with your own counsel.

Portions of this manual were drafted by legal aid program staff. Additional information was obtained from the websites of the following: United Way, Missouri Department of Labor and Industrial Relations, Social Security Administration, FEMA, FDIC, FTC, HUD, U.S. Dept. of Labor, the Missouri Department of Revenue, National Employment Law Project, the American Bar Association, the National Legal Aid and Defender Association, and the Legal Services Corporation.

This manual will be updated as resources permit.

Unemployment Compensation (Insurance) and Employment Issues

Unemployment Insurance

1. What is Disaster Unemployment Assistance?
Disaster Unemployment Assistance (DUA), also referred to as Disaster Relief and Emergency Assistance, is a federal program that provides temporary financial assistance to individuals unemployed as result of a major disaster declared by the President.

2. What are the basic eligibility requirements for DUA?
There are two major requirements for an individual to qualify for DUA: 1) the individual must be out of work as a “direct result” of a major disaster; and 2) the individual does not qualify for regular unemployment insurance (UI) from any state. Once found to be eligible for DUA, workers must actively look for work and accept suitable work offered them, not unlike UI recipients. In response to the hurricanes, individual states may decide to temporarily suspend their "work search" requirements for some workers, both for regular unemployment benefits and DUA. In addition, the individual must show that for every week he or she is collecting DUA, his or her unemployment continues to be the direct result of the disaster, not other factors.

3. How much are DUA benefit payments?
Like UI benefits, DUA benefits are paid in weekly checks, once an application is completed, filed and processed. DUA recipients receive the same weekly benefits that they would have been entitled to had they qualified for UI in the state where they were employed. However, at a minimum, DUA benefits cannot be less than one-half of the state’s average weekly UI benefits (minimum state amounts listed below). The DUA benefits for part-time workers are pro-rated based on the hours they worked as a percent of a 40-hour work week. Note that DUA benefits are reduced by any other wage-loss compensation, including private insurance, Supplemental Unemployment Benefits, worker’s compensation, and a pro-rated amount of a retirement pension or annuity.

4. How long will an individual’s DUA benefits last?
The maximum duration of DUA benefits is 26 weeks. However, an individual’s benefits cannot extend beyond the period when the disaster officially ends, which is six months from the date the federal disaster was declared In addition, the DUA benefits cannot extend beyond when the recipient returns to work or self-employment or beyond the period when the individual’s unemployment is no longer directly related to the disaster.

5. What are some major examples of individuals who can collect DUA?
Those who may be eligible for DUA (and typically could not get regular state UI benefits) include:

Self-employed individuals who lost their businesses or suffered a substantial interruption of activities as a direct result of a major disaster;
Unemployed individuals who have become the breadwinner or major supporter of their households due to the death of the head of their household directly related to the disaster;
Individuals unemployed as a result of an injury caused as a direct result of a disaster;
Individuals who cannot reach their employment as a result of the disaster;
Individuals who were scheduled to start work but became unemployed because they no longer have a job as a direct result of a disaster.

6. Are workers who run out of regular unemployment insurance eligible to receive DUA?
No, not if the individual was laid off before the disaster, which means that their unemployment was not originally caused by the disaster according to the federal law. However, if the individual’s unemployment was originally caused by the disaster and his or her regular state unemployment runs out before the disaster period ends, then the individual may qualify for DUA. However, the individual’s DUA benefits will always expire when the 6-month federal disaster period officially ends. That effectively means that individuals cannot collect more than 26 weeks of regular state unemployment and DUA combined.

7. Are workers who did not work in the disaster area also eligible for DUA if their unemployment was still directly caused by the disaster?
There are very limited situations where workers outside the disaster area can qualify for DUA if they were laid off due to their employer’s loss of substantial revenue from contracts with businesses located in the disaster area. However, according to federal regulations adopted after the September 11th attacks, the employer or self-employed individual must have received at least a “majority of its revenue or income from an entity that was either damaged or destroyed in the disaster.” In addition, the individual must continually establish that their unemployment remains directly related to the major disaster.

8. What are the deadlines to apply for DUA?
To qualify for DUA, individuals must normally apply no later than 30 days after the disaster was officially announced by the state (Note: A previous version of this fact sheet incorrectly indicated that the 30-day deadline began from the date that the disaster was declared by the President, but the relevant date begins instead from when the state officially announces that DUA is available). Late applications can be accepted, but only if “good cause” is shown for the late filing. However, under no circumstances can DUA applications be accepted after the disaster period ends.

9. What information is necessary to verify an applicant's work and earnings?
The DUA application requires proof of employment and earnings, as well as a Social Security Number. The proof of employment is due no more than 21 days after the filing of the application. However, on September 26th, the U.S. Department of Labor announced that it extended the deadline to 90 days to provide the paperwork in support of a DUA application. For self-employed applicants, copies of tax returns are required as proof of income and self-employment. If verification of employment or other documents requested as part of the DUA application are not available, a sworn statement including other forms of verification can be submitted. Interim DUA payments can take place while the necessary documentation is gathered. However, the failure to submit required documentation after the deadline may result in a benefit overpayment which can be recovered from the individual.

10. Where can an individual apply for DUA?
Each state may process DUA somewhat differently. Most states will process applications by telephone, as part of their automated telephone claims taking process for regular state UI benefits, and some state DUA applications may be processed via the Internet. If an individual is having problems filing for DUA directly by telephone or other means with the state where the disaster occurred, the individual can file an “interstate” claim in another state where he or she has relocated. These are claims that are processed by another state, but otherwise still involve most of the same rules that apply to workers applying for DUA in their home state.

For the latest information on how to file for DUA in states declared disaster areas, we recommend that individuals and their advocates regularly check recent postings on the state’s Labor Department’s website (which can be accessed via http://ows.doleta.gov/map.asp) and the U.S. Department of Labor’s website listing states services available.

Q: I lost my job prior to the disaster and was receiving, had applied for, or need to apply for unemployment insurance. What should I do?

A: Contact the unemployment compensation in your state of origin or one of the Missouri Regional Claims Centers (see contact information later in this section ) to inquire apply for, or inquire about the status of your Federal-State Unemployment Insurance claim.

Q: What is the Federal-State Unemployment Insurance Program?

A: In general, the Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State law), and meet other eligibility requirements of State law.

Unemployment insurance payments (benefits) are intended to provide temporary financial assistance to unemployed workers who meet the requirements of State law.
Each State administers a separate unemployment insurance program within guidelines established by Federal law.
Eligibility for unemployment insurance, benefit amounts and the length of time benefits are available are determined by the State law under which unemployment insurance claims are established.
In the majority of States, benefit funding is based solely on a tax imposed on employers. (Three (3) States require minimal employee contributions.)

Eligibility

1. You must meet the State requirements for wages earned or time worked during an established (one year) period of time referred to as a "base period". (In most States, this is usually the first four out of the last five completed calendar quarters prior to the time that your claim is filed.)

2. You must be determined to be unemployed through no fault of your own (determined under State law), and meet other eligibility requirements of State law.

Filing a Claim

You should contact the Missouri Regional Claim Center as soon as possible after becoming unemployed. Some States require a one-week waiting period; therefore, the second week claimed is the first week of payment, if you are otherwise eligible. When you file the claim, you will be asked certain questions, such as addresses and dates about your former employment. To make sure your claim is not delayed, be sure to give complete and correct information.

Continued Eligibility

You must file weekly or biweekly claims (after the week(s) has ended), and respond to questions concerning your continued eligibility. You must report any earnings from work you had during the week(s). You must also report any job offers or refusal of work during the week. These claims are usually filed by mail or telephone; the State will provide filing instructions.

When directed, you must report to your local Unemployment Insurance Claims Office or One-Stop/Employment Service Office on the day and at the time you are scheduled to do so. If you fail to report as scheduled for any interview, benefits may be denied.

You must continue to meet the eligibility requirements stated in the previous section.

Registering For Work

Claimants who file for unemployment benefits may be directed to register for work with the State Employment Service, so it can assist you in finding employment. If you are not required to register, you still may seek help in finding a job from the Employment Service.

The One-Stop/Employment Service Office has current labor market information and provides a wide array of re-employment services free of charge.
Employment Service staff can refer you to job openings in your area, or in other parts of the State or country if you are willing to relocate.
They can refer you to various training programs.
If job openings in your field are limited, they can offer testing and counseling to determine other jobs you might like to do and are able to do.
If you believe you have special needs or considerations, such as physical needs or other considerations, which may prevent you from getting a job, they can refer you to other agencies for help with those needs.

Disqualification from Eligibility

If your reason for separation from your last job is due to some reason other than a "lack of work" – a determination will be made about whether you are eligible for benefits.

Generally all determinations of whether or not a person is eligible for benefits are made by the appropriate State under its law or applicable federal laws.

If you are disqualified/denied benefits, you have the right to file an appeal. The State will advise you of your appeal rights. You must file your appeal within an established time frame. Your employer may also appeal a determination if he/she does not agree with the State's determination regarding your eligibility.

Benefits

In general, benefits are based on a percentage of an individual's earnings over a recent 52-week period - up to a State maximum amount.
Benefits can be paid for a maximum of 26 weeks in most States.
Additional weeks of benefits may be available during times of high unemployment. Some States provide additional benefits for specific purposes.

Benefits are subject to Federal income taxes and must be reported on your Federal income tax return. You may elect to have the tax withheld by the State Unemployment Insurance agency.

Q: Is there an agency in Missouri I can contact to talk about unemployment insurance benefits.

A: Evacuees needing to file for unemployment insurance benefits or who need additional information may contact one of the Missouri Regional Claims Centers listed below.

Jefferson City - (573) 751-9040

Kansas City – (816) 889-3101

St. Louis - (314) 340-4950

Springfield - (417) 895-6851

Interstate Claims

If a claimants has difficulty contacting the state they worked in the claimant should call a Missouri Regional Claims Center for assistance.

Federal Employees Compensation

Q: If I am a FECA claimant who has been impacted by a disaster such as Hurricane Katrina, how do I contact OWCP regarding my existing FECA claim?

If you receive Federal Employees’ Compensation benefits and your mailing address, medical care, or compensation payments have been impacted by hurricane Katrina, you may contact your OWCP office toll free at: (866) 726-4499.

Q: How do I continue to receive compensation payments if my mailing address or banking information has been affected by Hurricane Katrina?

If you were receiving a paper check at a mailing address that has been affected by the hurricane, please contact your local OWCP district office by telephone with your new contact information. You will need to provide the following in order for us to update our records: Address of Record; Social Security Number; Date of Birth; Date of Injury; and Temporary Address (where the check should be sent).

If you were receiving compensation by electronic fund transfer (EFT) and your financial institution has been impacted by the hurricane, please fax your new account information to your local OWCP district office. We will need your new bank account and routing number from the financial institution in order to update our records. We will also need your Case File Number or Social Security Number and Date of Birth.

Q: How do I obtain medical care for my work-related condition if I am unable to see my OWCP approved physician of record?

If you are unable to see your treating physician due to the hurricane, you may seek treatment from another licensed medical care provider. OPM is encouraging Federal Employees Health Benefit (FEHB) plans to cover treatment for work-related conditions (OPM Benefits Administration Letter 05-203, issued 08/31/05). At a later date, your FEHB plan will submit a reimbursement request to OWCP. Medical care providers should contact your FEHB plan to verify their ability to submit charges for treatment of your work-related condition.

In the event that your FEHB plan is not participating in this effort, you may still seek treatment at OWCP expense. New medical care providers with questions regarding authorization may contact your local OWCP district office for assistance. We will need your Case File Number or Social Security Number and Date of Birth.

Housing and FEMA Benefits

As many (although not all) FEMA benefits are related to housing assistance, this section addresses various housing issues, as well as all of the FEMA assistance programs.

HOUSING

NOTE: HUD’s housing resource number is 888-297-8685. (See index for the telephone number and HUD office that services your area).

Frequent Questions-Home Ownership

Q: Do I still have to pay my mortgage if I cannot live in my house?

A: Yes. However, check with your lender since many companies are offering a grace period of several months to delay payments. Also ask your lender to waive any addition of interest during the grace period.

Q: What if I cannot pay my mortgage?

A: It is important for you to contact your lender. You need to let them know you evacuated your home because of Hurricane Katrina. Ask your lender to work out a payment plan with you.

If your home is FHA insured, HUD instructed FHA approved lenders to hold off on any foreclosures for 90 days.

Q: How long will it take to receive my insurance money?

A: First, contact your insurance company to file a claim. It is very important you do this as soon as possible. Failure to file a claim with your insurance company may affect your eligibility for help under the FEMA IHP (Individuals and Household Program). If any of the following occur after you file your claim with your insurer, you should call the FEMA Disaster Helpline and may also want to seek the advice of an attorney:

A decision on your insurance settlement is delayed longer than 90 days from the time you filed your claim.
Your insurance settlement is insufficient to meet your disaster needs.
You have exhausted the Additional Living Expenses (ALE) provided by your insurance company.
You are unable to locate rental resources in your area.

Frequent Questions: Landlord/Tenant Questions

Q: Do I still have to pay my rent if I cannot live in my house?

According to LawHelp.org you generally do not have to pay rent for the time you cannot live in the apartment due to flood or fire. Other information on landlord/tenant issues may be found at http://www.lawhelp.org/LA/. If you are served with a summons indicating that your landlord is suing you for rent owed, it is wise to consult with an attorney.

Q: Are my belongings insured?

A: Generally, your belongings are insured only if you have renters insurance. Contact your insurance company to file a claim. If you register with FEMA, some losses may be covered by the IHP.

Public and Section 8 Housing

HUD has established a toll-free number: 1-800-955-2232 to assist displaced public housing residents and Section 8 voucher holders. The St. Louis City Housing Authority’s phone number is 314-531-4770. The Housing Authority of St. Louis County’s phone number is 314-428-3200.

Housing Assistance through FEMA: IHP

The housing assistance portion of the Individual and Household Program (IHP) is administered directly by FEMA. The program provides financial assistance or actual housing to victims whose primary residences were destroyed, made uninhabitable or inaccessible as a result of the disaster. There are four forms of disaster housing assistance: (1) money for renting alternate housing, (2) rent-free occupancy in federally provided temporary housing, (3) money for repair of owner-occupied housing, and (4) money for replacement of owner-occupied housing. FEMA determines the appropriate type of housing assistance based on cost effectiveness, convenience to the disaster victims, and the suitability and availability of assistance.^¹ Disaster victims are expected to accept the first offer of housing assistance, and unwarranted refusal can result in forfeiture of housing assistance.^²

a. Eligibility

To obtain IHP housing assistance, applicants must show that (1) as a direct result of a major disaster or emergency, (2) their home was destroyed, made uninhabitable, or made inaccessible or unavailable, and (3) that the housing assistance needed (i.e., temporary rental assistance, mobile home, repair of the home, or its replacement) is either not covered by the applicant’s insurance policy, or that the amount of insurance is insufficient to cover the damage.

During the initial interview, the FEMA representative makes an initial determination of whether the applicant has insurance coverage and marks the application form accordingly. Applicants with insurance coverage must establish either that (1) the proceeds of the insurance policy are less than the amount of their disaster-related damages and also less than the maximum amount that FEMA can authorize, or (2) that they have been unable to obtain payment from their insurance company (denial of claim or significant delay in receiving proceeds). Applicants with adequate insurance coverage who refuse insurance proceeds are ineligible.

During the initial interview, the FEMA representative also makes a determination of who is in the household. A “household” consists of all the people “who lived in the pre-disaster residence who request assistance,” as well as people “expected to return during the assistance period.”^³ FEMA provides assistance for one temporary housing residence for each household unless they find that the size or the nature of the household requires more than one residence.

b. Types of Assistance

(i) Financial Assistance. The primary type of housing assistance provided by FEMA following a disaster is money to rent alternate housing. FEMA typically provides eligible applicants with a check to cover rental housing for one to three months. FEMA does not pay security deposits and pays utility costs only if they are part of the rental charge.

(ii) Direct Assistance. FEMA may provide temporary housing units, usually in the form of mobile homes, to disaster victims whose homes are destroyed or rendered uninhabitable and who would be unable to make use of cash rental assistance. Mobile homes must be placed on FEMA approved sites. FEMA does not pay utility costs unless utility services are part of the site rental.^⁴ This type of assistance is generally available only for a maximum of 18 months, but this period may be extended under extraordinary circumstances if an extension would be in the public interest. FEMA may charge fair market rent to people remaining in units after 18 months. FEMA regulations provide that they may terminate the provision of actual housing if: (1) the18 month period of assistance has expired and not been extended; (2) Adequate alternative housing has become available; (3) The occupant obtained the housing assistance through fraud or misrepresentation; (4) The occupant fails to comply with the lease or other site rules; or (5) The occupant fails to provide evidence showing that they are working towards a permanent housing plan. The regulations also state that FEMA will provide 15 days notice of the termination, and specify the reason for the termination and the process to be followed on appeal. If a client is being dispossessed in this manner, advocates should consider initiating an action in a court of competent jurisdiction for violation of state landlord/tenant law.

(iii) Grants for Home Repairs and Hazard Mitigation. If the Disaster Declaration provides for it, FEMA may make available a limited amount of money for repairs to uninsured disaster-related damages to an owner’s primary residence, utilities, and residential infrastructures such as private access routes, as well as assistance for hazard mitigation measures that reduce the likelihood of future damage to damaged residences, utilities or infrastructure. This assistance is available only if (1) the damage to the home is disaster related; (2) the home is owner occupied; (3) the damage is not covered by insurance; and (4) the cost of repairs does not exceed $5,000 adjusted annually for inflation. Repairs must conform to local and state building codes. Money for repairs may not be used for improvements or additions to the pre-disaster condition of the property unless these are required to comply with local and state ordinances or eligible mitigation measures.

Although recipients of home-repair or hazard-mitigation grant under the IHP housing assistance program must show that the damage for which they seek assistance is not covered by insurance, they cannot be required to show that they are unable to obtain assistance from any other means. In particular, and in contrast to Financial Assistance to Address Other Needs, an uninsured homeowner cannot be required to show that s/he is ineligible for an SBA disaster loan in order to qualify for home-repair or hazard-mitigation assistance. In fact, a homeowner may be eligible for IHP housing assistance to cover emergency repairs, and may also qualify for an SBA loan for more extensive repairs. However, the owner is required to use the proceeds of the SBA loan to repay the IHP grant if it was used for repairs or measures also eligible for an SBA loan.

(iv) Replacement of Primary Residence. If the disaster declaration so provides, FEMA may award up to $10,000 (adjusted annually for inflation) for replacement of a primary residence that incurred more than $10,000 (adjusted annually for inflation) in disaster-related damage. This type of assistance must be individually approved by the Associate Director of FEMA. The applicant may either purchase a replacement residence for $10,000, or apply the grant toward the purchase of a more costly home.

NOTE: AT THE END OF THE FOLLOWING SECTION, “FEMA BENFITS” YOU WILL FIND UPDATED FREQUENT QUESTIONS AND ANSWERS FROM THE FEMA WEBSITE ABOUT FEMA BENEFITS, INCLUDING HOUSING BENEFITS.

FEMA BENEFITS

The Financial Assistance to Address Other (non-housing) Needs part of the IHP program must be requested by the Governor, and listed as a designated type of assistance in the Declaration of Disaster. The purpose is to assist disaster victims in replacing personal property and paying for transportation, disaster-related medical, dental, funeral and other necessary expenses and serious needs. The amount of assistance cannot exceed $25,000 (adjusted annually for inflation) less the amount of any IHP Housing Assistance received.

Depending on the arrangement chosen by the state, the “Other Needs” portion of the IHP program may be administered by the state or by FEMA. If the state chooses to administer the program, it must have in place an approved State Administrative Plan (SAP). If the state will be administering the “Other Needs” portion of the IHP program, legal aid advocates should obtain a copy of the SAP from FLS or the State Coordinating Officer (SCO) as soon as possible.

The State Administrative Plan must include procedures for (1) notifying potential applicants of the availability of the program (including application deadlines, program descriptions and eligibility guidelines), (2) registration and acceptance of applications and late applications, (3) damage inspections,(4) eligibility determinations, (5) notification of eligibility, (6) payment of grants, (7) appeal processing, and (8) protection of applicant privacy.

a. Eligibility Requirements

Like IHP housing assistance, IHP “Other Needs” assistance is need based, but not means or resource tested. To be eligible, applicants must show that they incurred necessary expenses or have serious needs as a result of the disaster for which they cannot obtain relief through other means, including a Disaster Loan from the SBA. An applicant must exhaust all other sources of potential assistance by applying for insurance reimbursement and/or for assistance from the SBA Disaster Loan Program. With respect to insurance, if the disaster-related expense is covered by an insurance policy, the applicant must demonstrate either that the proceeds will be insufficient to cover the necessary expense or serious need and are less than the maximum amount of assistance available through FEMA, or that the insurance payment has been unduly delayed and the applicant has agreed to repay FEMA from insurance proceeds. With respect to an SBA Disaster Loan, the applicant must show that s/he has applied and either been denied, or that the loan will be insufficient to cover the necessary expenses or serious needs.

b. Application Process

At the time of the initial interview, the FEMA representative determines whether the applicant, based on the applicant’s income, is potentially eligible for an SBA loan. If the applicant is found ineligible for an SBA loan at the time of the initial interview, the application form is so marked, and the applicant is referred to the “Other Needs” portion of the IHP program.

The extent of an applicant’s real and personal property losses are determined by a FEMA inspector during an on-site visit. The “Other Needs” portion of the IHP program bases its findings of eligibility and the amount of the grant on the FEMA inspector’s report. “Other Needs” grants may be used only to repair or replace the damaged or destroyed items listed in the award letter.

The conditions engendered by a disaster, particularly a catastrophic disaster, result in many errors in FEMA inspection reports. Therefore, whenever possible, advocates should advise disaster victims to take photographs of the damage to their homes or personal property. In cases of disagreement with the inspection report, the applicant should support an appeal with photographs as well as sworn statements from landlords, neighbors, or friends regarding the extent of the damage.

c. Types of Assistance.

“Other Needs” grants are available in any amount for which the applicant qualifies, so long as the $25,000 maximum (adjusted for inflation) for all types of IHP assistance to an individual or household is not exceeded. Covered items include medical, dental and funeral expenses for disaster related injury or death, disaster related damage or destruction of personal property (including automobiles), and money for transportation and specific other expenses.

(i) Medical and Dental Expenses. Medical expenses are generally limited to medical costs, dental costs and repair or replacement of medical equipment.

(ii) Funeral Expenses. This coverage is generally limited to the cost of funeral services, burial or cremation and other related funeral expenses.

(iii) Repair or Replacement of Personal Property. This assistance is generally limited to coverage of (1) clothing, (2) household items, furnishings and appliances, (3) tools, specialized or protective clothing, and equipment required by an employer as a condition of employment, (4) computers, uniforms, school books and supplies required for educational purposes, and (5) cleaning or sanitizing eligible personal property items.

(iv) Transportation. This coverage is generally limited to repairing or replacing vehicles and financial assistance for public transportation and any other transportation related costs or services.

(v) Other Expenses. This category includes (1) moving and storage expenses to avoid additional disaster damage, (2) purchase of a Group Flood Insurance Policy, and (3) other miscellaneous items or services determined to be necessary expenses and serious needs.

IHP Appeals

Any decision regarding eligibility for assistance or its amount may be appealed within 60 days after the applicant receives notice of the decision. In addition to denials and insufficient awards, appealable decisions include recoupment of assistance, denial of continued housing assistance, termination of direct housing assistance, denial of a request to purchase a FEMA housing unit, and the sale price of a FEMA housing unit. The appeal must be in writing and signed by the appellant or his/her representative. Applicants or their representatives may request copies of their files. FEMA must issue a decision within 90 days of receipt of the notice of appeal. FEMA’s decision is final.

If the State administers the “Other Needs” portion of the IHP program, the State Administrative Plan (SAP) is required to set forth the state’s procedures for interacting with applicants, including procedures for appeals by applicants. At a minimum, the state must consider appeals on all issues which FEMA is required to consider.

SBA Disaster Loans

The Disaster Loan Program is administered by the Small Business Administration (SBA), in coordination with FEMA. Three types of SBA loans may be made available following a declaration of disaster: disaster home loans, business disaster loans, and economic injury disaster loans. Disaster home loans are available to individuals, whereas business disaster loans and economic injury loans are provided to businesses. This article addresses disaster home loans only. SBA disaster home loans are available to disaster victims whenever the disaster declaration authorizes IHP Assistance. Such loans can be used to repair or replace uninsured or under-insured privately owned real or personal property damaged or destroyed as a result of the disaster.

a. Application Process

When someone applies for disaster benefits, FEMA makes an initial “desk determination” of the applicant’s eligibility for an SBA loan based on income and family size. Applicants who are “desk denied” (their FEMA application states that an SBA application has been refused) are automatically referred for a grant from the “Other Needs” portion of the IHP program. Although applicants who are desk denied may nevertheless submit applications for SBA loans, doing so will delay their consideration for IHP “Other Needs” assistance.

Applicants who are not summarily determined ineligible for an SBA loan are given an SBA loan application packet that must be completed and returned to SBA before the published deadline. SBA applications submitted after the deadline will be accepted only if SBA determines that the late filing is due to “substantial causes” beyond the applicant’s control.

Applicants who relocate after a disaster are responsible for insuring that SBA is informed of their current address and telephone number. Applicants should file promptly with SBA because SBA will not verify the loss until after the application is received, and delays may make verification of loss difficult. If SBA is unable to conduct a verification or cannot reach an applicant, the application will be denied, no benefits will be disbursed, and the applicant’s case will not be referred to the “Other Needs” portion of the IHP program for consideration of a grant. This situation can be corrected by requesting a reconsideration in writing.

b. Eligibility

Loans are available to repair or replace primary residences or personal property. An applicant must establish (1) a verifiable disaster-related physical loss to personal or real property owned by the applicant, (2) that is not covered by insurance, and (3) the ability to repay a loan. A completed application received by SBA is reviewed by a loan officer to determine if the individual is able to repay a loan and, if so, the amount of the loan and the terms that should be offered. Age is not a factor in determining eligibility for an SBA loan, but the applicant must be an adult.

Loans for the repair or replacement of real property may be made only to homeowners, and beneficial owners. Home disaster loans may not be used to repair or replace a secondary home. Individuals living in a disaster-damaged dwelling who are not dependents of the owner-occupant may qualify for personal property loans. Such loans may not be used to repair or replace a vehicle of a type normally used for recreational purposes.

c. Other Requirements

Flood insurance is required for all loans made for the repair or replacement of property located in a flood zone. In addition, the SBA loan authorization generally requires applicants for home-repair loans to carry homeowner’s insurance as a condition of receipt. However, both of these requirements can be relaxed by SBA in accordance with the applicant’s circumstances and the conditions following the disaster.

d. Amount of Loans

A loan for repair or replacement of household or personal effects may not exceed $40,000. A loan for repair or replacement of a primary residence may not exceed $200,000. SBA does not require collateral for home loans of $10,000 or less. For loans larger than this amount, the applicant must provide a lien on the damaged or replacement property and/or a security interest in personal property.

e. Terms of Loans

Home disaster loans may be granted for up to 30 years and may cover 100 percent of the verified loss, subject to the applicable limit of $200,000. Loan interest rates are established by regulation, and are lower for applicants who cannot obtain credit elsewhere. SBA determines each applicant’s loan maturity and installment terms based on the borrower’s needs and ability to pay.^⁵ Monthly installment payments beginning five months after the signing of the note are usual, but variations in these terms may be arranged. Payment amounts may be modified if the economic conditions of the borrower change. There is no penalty for prepayment of a loan.

f. Misapplication of Funds

In order to verify that loan proceeds are used in accordance with their stated purpose, SBA requires borrowers to save receipts for a period of three years from the date of last disbursement. Willful use, without SBA approval, of any part of an SBA loan in a manner contrary to the loan authorization and agreement subjects the borrower to a fine in the amount of one and one-half times the original principal amount.

BELOW PLEASE FIND UPDATED FREQUENT QUESTIONS AND ANSWERS ABOUT FEMA BENEFITS. THIS INFORMATION IS THE MOST UP TO DATE INFORMATION AVAILABLE FROM THE FEMA WEBSITE AS OF 11/18/05.

(Editor’s Note: If you would like to inquire about whether you are eligible for legal assistance with appealing any FEMA decision, please contact one of the legal aid programs listed in the Directory of this manual.

Q: How do I get into the FEMA Short Term Lodging Program?

A: The Program that the American Red Cross carried out on behalf of the federal government transitioned to the Federal Emergency Management Agency (FEMA) on Oct. 25, 2005, as planned. If you were already participating in the American Red Cross Program you will continue to be covered under the FEMA Short-Term Lodging Program, and should experience no significant change.

The Red Cross Program was established to provide immediate housing for people who could not return to their homes and could not otherwise find housing; however, it is not intended as a long-term housing solution. Those needing short-term lodging should continue to contact Red Cross. After evaluation, the Red Cross will refer and/or extend your stay as necessary.

Q: When am I going to get my assistance from FEMA? The American Red Cross is not going to continue to pay my hotel room and they told me to call you.

A: You may also contact the FEMA Helpline at (800) 621-3362 or access your file online at the Individual Assistance Center to determine the status of your application.

If the hotel notified you that there will be a transition from the American Red Cross to FEMA starting the week of October 24, 2005: There is an accounting change going on between the hotels, FEMA and the American Red Cross, which should not immediately affect most individual’s ability to remain. Please check with your hotel to confirm that they have your information on file and that your stay is not being impacted by this change. Beginning October 24, FEMA will be taking over where the American Red Cross left off and will continue to reimburse hotels, but will also be working to help evacuees with assistance to move out of hotels and into a better longer term housing solution, like an apartment.
If the hotel notified that you will need to move or begin paying your bill directly to them, then: You may contact the FEMA Helpline at (800) 621-3362 or access your file online at the Individual Assistance Center to see if you will be receiving FEMA financial assistance. If you qualify for financial assistance, then these funds may be used towards paying your hotel bill. You may fax or mail any hotel receipts that you paid before you received American Red Cross assistance to FEMA. Once received, we will review for possible lodging expenses reimbursement.

Q: I heard that FEMA is calling people to provide additional assistance because of damaged property. Should I expect to receive a call?

A: FEMA has begun a callout program to people who live in the hardest hit areas of Louisiana (Jefferson, Orleans, Plaquemines, St. Tammany and St. Bernard parishes) and Mississippi (Hancock, Harrison and Jackson counties.) If you resided in one of those areas and you reported flood damage, you should be receiving a call. Please allow up to 2 weeks to receive your call.

If called, you can expect a short interview and review of your case. The interviewer will update your case file if needed and advise you of any award decision that has been made. The interview will gather details of your current housing situation, future housing plans, and ask if you have any interest in FEMA’s Mobile Home or Travel Trailer Program

Q: My electronic fund transfer (EFT) information was changed so that I would receive the $2000 Expedited Assistance award on a debit card. How will I receive any future assistance - through an EFT to my bank or will it again be on a debit card?

A: If awarded additional funds, they will be deposited into the EFT account we currently have on file or reloaded onto the debit card. If you prefer to have a Treasury check mailed to you, or have it deposited into a different account, you will need to contact us at FEMA’s Helpline number. The debit cards distributed in Texas for Expedited Assistance were part of a limited pilot program which has now ended.

Q: I recently received a FEMA Expedited Assistance check/electronic funds transfer in the amount of $2000. I do not believe the damages I sustained warranted a $2000 award. How can I return the unused portion?

A: You received Expedited Assistance because your home is located in an area heavily damaged by the recent disaster. The $2000 should be used to address your disaster-related needs.

Q: I have received multiple U S Treasury Checks. How will I know which check is meant for my disaster-recovery?

A: The US Treasury checks associated with FEMA assistance will have Disaster Assistance identified on the lower left hand corner of the check.

Q: I have received my funds for disaster assistance. Do I have to use these funds in a certain amount of time?

A: The funds you receive for disaster assistance do not have to be spent within a set time frame. However, if you receive disaster assistance in the form of a check, please be advised the check is good for only 12 months. Furthermore, FEMA may audit the use of disaster assistance funds provided to you at any time within three years.

Inspections:

A: Why would the FEMA inspector take photos of the undamaged areas of my home and not the damaged area?

A: The inspector usually looks at the damaged areas of the home and records that information in the computer as part of the inspection process. There may be times when photos of the undamaged areas are helpful in regards to the overall safety and livability of the home.
If you have received a letter from FEMA with a decision and are not satisfied with the decision, follow the appeals process as outlined in the letter. If you have not received a decision, you will receive a letter explaining the details about your eligibility and award. Please review the letter carefully and if you have any questions call FEMA at 1-800-621-3362 or if you do not agree with the decision follow the appeals process as outlined in the letter.

Q: When will a FEMA inspector come to look at the damages to my home and personal property? Prior instructions I received from FEMA indicated the inspector would call, but it has been a while and I have not received contact from an inspector to schedule an inspection.

A: If you lived in the worst-hit Louisiana parishes of Orleans, St. Tammany, St. Bernard, Jefferson, or Plaquemines or the Mississippi counties of Hancock, Harrison, or Jackson: If you have registered with FEMA and reported damages to your primary residence you should be contacted by an inspector within 30 days. Some neighborhoods will not require a traditional inspection. If an inspection of your damaged property is not required, then you should expect to receive a letter in the mail within the next few weeks, which will provide your application status. In some cases, depending on insurance coverage and damage type, you will be requested to send in your insurance settlement information.

If you lived anywhere else affected by the hurricanes: FEMA inspectors are currently performing inspections in your area. If you have registered with FEMA and reported damages to your primary residence you should be contacted by an inspector within 30 days. In some cases, depending on insurance coverage and damage type, you will be requested your insurance settlement information before receiving an inspection.

Q: How will FEMA handle payment for my personal property when the inspector has not been to my home? I cannot go to my home and the landlord plans to throw all my things away.

A: Financial assistance to repair or replace damaged personal property is limited to items or services that help prevent or overcome a disaster-related hardship. FEMA will not pay to return or replace your personal property to its condition before the disaster. FEMA is making every effort to dispatch inspectors to verify damage. FEMA has alternate processes in place for determining damage even if the property remains inaccessible. Residents from these areas will be receiving an award letter in the next few weeks.

Q: I was contacted by an inspector and told that I needed to meet him/her at my damaged home. I am temporarily residing out of state. Am I required to travel back to my damaged home? If so, what types of assistance are available to assist me in my travel expenses to and from my damaged dwelling.

A: It is not required that you be present for the inspection. You can make arrangements with the inspector for someone else to accompany the inspector in your absence – either a relative or friend over 18 years of age, or a FEMA Community Relations representative. Please be sure your phone/contact information is current.

Q: The inspector told me I was going to get money from FEMA. However, I got a letter from FEMA stating that I was not eligible. Which is correct?

A: The letter is correct. The inspectors are FEMA contractors and are not authorized to comment on eligibility matters.

Q: My Inspector called me and I missed the call. How do I contact the inspector?

A: The FEMA inspectors are out on inspections most days and cannot be reached while they are inspecting a home. You should wait for the FEMA Inspector to call you again. The FEMA inspectors will try to call you 3 times to arrange an appointment to inspect your property. Inspectors will call your current phone contact and alternate if you have given one. If any of your contact information has changed call the Helpline to update the information.

Process Questions:

Q: I called yesterday and completed a registration. When I called today, I was told my application is not in the system. Do I need to register again?

A: No. If you have already registered you do not need to register again. Please wait 48 hours for your registration to be available in the system. Also, you will receive additional information in the mail regarding your application, along with additional referral information for your area. Completing multiple registrations may actually delay processing and receipt of assistance.

Q: I applied online through the FEMA.gov website. When I went to check my status, my information was not available. Do I need to register again?

A: No. Due to the large numbers of affected individuals, it may take up to 24 hours for your information to show in the system. If it has been more than 24 hours did have not received a Personal Identification Number (PIN #) in your email Inbox, call FEMA’s Helpline to ensure we have your correct email address.

Q: I called to update my application and was told by the FEMA Rep that my application was in the incomplete file. Why was my application not completed when I initially registered?

A: Incomplete applications occur when critical information, such as your social security number or contact number, is missing. Once all critical information is entered into our system, the application should be complete.

Q: Does it take longer for my FEMA application to process if I apply online?

A: No. All completed registrations will be processed as received. However, 24 hours after registration you should be able to access the online application without delay. At times it is difficult to get through to our 800 # when call volume is high.

Q: I have damages from Hurricane Katrina and would like to register for assistance. When I called to register I was told that I needed to have a Social Security Number. Can I get assistance without having a Social Security number?

A: A social security number is required to receive disaster assistance. A household may register for assistance using the social security number of any household member provided they were part of the household at the time of the disaster, including that of a minor.

Q: The letter from FEMA said I had no damages or insufficient damages, but my home was damaged and some of my personal property was damaged too. What do I do?

A: You may appeal any decision. When you appeal a decision, you are asking FEMA to review your case again. Appeals may relate to your eligibility, the amount or type of help you received, late applications or requests to return money. You will not automatically get another inspection just because you appeal. For additional information on the appeal process, please refer to page 10 of your Applicant’s Guide or go on-line to the help center.

Q: How long does it take to get help from FEMA?

A: 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 will contact you within 14 days of applying, to set up an appointment to assess your disaster damages. Typically, within about 10 days after the inspection, if FEMA determines that you qualify for help, you will receive a direct deposit in your bank account or a check in the mail.

In areas where there is limited access to properties for inspectors it may take longer for an inspection. However, FEMA has implemented an expedited assistance process, providing households with $2000 in assistance prior to a completed inspection.

Q: I applied for disaster assistance two weeks ago and haven’t heard from anyone. I keep calling the 1-800-621-3362 number, but I get a busy signal. Is there another way to follow up on my claim?

A: If you have access to the internet, you may want to consider checking the status of your case online. Go to www.FEMA.gov then click on Online Individual Assistance Center and follow the instructions for accessing your account information. Another option is to visit a Disaster Recovery Center in your area if there is one.

Q: I didn’t receive enough money from FEMA to meet all my needs. What do I do now?

Most disaster aid programs are intended to meet only essential needs and are not intended to cover all your losses. Also, some people qualify for assistance from more than one program and may receive additional help from another agency. For example, the Small Business Administration is a very important source of funding for repair and replacement of real and personal property. If you received a loan application packet from the SBA, please complete and return the application as soon as possible. No work can begin on the loan until you submit your application. If you do not agree with FEMA’s decision, you may appeal the decision. To file and appeal, follow the appeals process that is explained in the letter FEMA sent with the grant.

Q: I have a new telephone number. How do I update my application?

A: Some information, such as current phone number, mailing address, or insurance policy number, can be updated through FEMA's Online Individual Assistance Center - Account Access, available on the FEMA.gov web-site. To update other file information you will need to call the FEMA Disaster Helpline at 1-800-621-FEMA (3362) (hearing/speech impaired ONLY—call TTY: 1-800-462-7585), visit a Disaster Recovery Center, or write to FEMA at the address provided on any correspondence you have received.

Road and Bridge Damages:

Q: My home is not damaged, however a public road and / or bridge has been damaged and preventing access to my home. Can FEMA help me?

A: Yes. If damages to a public road or bridge prevents or restricts you from accessing your home, FEMA may be able to provide assistance.

Q: If I own the bridge and / or road that is damaged, should I apply for assistance?

A: Yes, if the private road or bridge damage prevents or restricts access to your home, FEMA may be able to provide assistance.

Small Business Administration (SBA):

Q: Why am I being referred to the SBA?

A: The Small Business Administration (SBA) is the primary source of federal funds for long-term recovery assistance for disaster victims. The SBA has low-interest disaster loans for homeowners, renters and non-farm businesses to cover disaster damage to real and personal property.

Q: Does the SBA make loans to individual or just businesses?

A: The SBA can loan money to homeowners, renters, and business owners. Homeowners may borrow up to $200,000 for disaster related home repairs. Homeowners and renters may borrow up to $40,000 to replace disaster-damaged personal property including vehicles. The SBA may not duplicate benefits from your insurance or FEMA. You may receive an SBA referral when you apply with FEMA.

Q: How do I reach the SBA Hotline?

A: The SBA has loan officers in the Disaster Recovery Centers to provide face-to-face service to disaster victims. You may visit the SBA at any of these locations without an appointment. A SBA representative will be glad to answer questions and help complete your application. To find out where the SBA disaster offices are located an applicant can call the SBA toll-free at 1-800-659-2955.

Travel Trailer/Mobile Home:

Q: When am I going to get the Travel Trailer / Mobile Home that I registered for?

A: You cannot register for Mobile Homes and/or Travel Trailers directly; you may later be referred and possibly determined eligible as a part of the registration process. You may be referred based on a combination of information about available rental resources in a geographic area and information about your specific needs. Not all requested sites may be appropriate for Mobile Home/Travel Trailer placement (lack of utilities, flood zone, etc.). If you are referred to this program, you will be contacted and interviewed to determine your housing needs. These interviews are conducted in a specified order as based on length of time from registration and other factors. Because of how many people have been affected and in need of Temporary Housing it is hard to determine how long this process will take.

Q: I received a call from a FEMA representative who completed a pre-placement interview (PPI) with me. I was told to notify the individual if my situation changed. How can I get back in touch with the individual who completed the PPI with me?

A: It is not necessary to speak with the same PPI agent. Any representative on the Helpline will be able to take your information and make sure it is forwarded to the appropriate person.

Q: I understand that FEMA has a travel trailer program. How do I get one?

A: To express interest in a FEMA travel trailer, call FEMA Helpline and ask the agent to check rental resources in your desired location. If there are no rental resources in your desired location, your agent will forward your request to the appropriate team and you will be contacted. Please be sure to keep your contact information (address AND phone numbers) current.

Q: How do I Get a Travel Trailer or a Mobile Home?

A: If you are eligible for housing assistance from FEMA but are unable to find a rental house or apartment within a reasonable commuting distance of your damaged home, please contact FEMA at 1-800-621-FEMA (3362) or visit a nearby Disaster Recovery Center. FEMA will evaluate your situation and, if appropriate, may authorize a travel trailer or mobile home.

Q: How long can I use the travel trailer/mobile home?

A: If FEMA provides you with a travel trailer or mobile home you may be able to use it for up to 18 months from the date of declaration if you continue to have a disaster related housing need.

General Questions:

Q: I am currently housing evacuees in my home. Will I be eligible for any compensation in order to address my increased expenses?

A: At the current time, there are no FEMA programs designed to assist with these type expenses. We would encourage all displaced evacuees residing in your home to register for disaster assistance.

Q: I have heard that FEMA will be providing storage containers for those who are evacuated.

A: FEMA does not provide storage containers for evacuees.

Q: My vacation/secondary home was damaged. Can I get any help?

A: Damages to a secondary or vacation home are not eligible under FEMA’s disaster assistance program. However, if you own a secondary home that is rented out or occupied by a family member, you may be eligible for assistance from the Small Business Administration.

Q: Will FEMA help me pay my utility bills?

A: No, FEMA cannot pay utility bills. However, local charitable organizations may be able to help for a short period. We suggest you contact the Red Cross or your local United Way office for a referral to a local agency that may be able to help.

Q: I lost my food because of the power outage; will I be reimbursed for it?

A: FEMA’s disaster assistance program does not cover food losses. Voluntary organizations in the disaster area may be able to help you with a hot meal or other immediate needs for food.

Q: I purchased a generator. Will I be reimbursed?

A: FEMA reviews requests for reimbursement of the cost of a generator on a case-by-case basis and determines if a generator was purchased to overcome a disaster-related hardship, injury, or adverse condition. You should register and submit your receipts to see if the cost is covered.

Q: Does disaster help have to be repaid?

A: A grant from the Individual and Households Program does not have to be repaid. Loans from the Small Business Administration must be repaid.

Immigration

Do I need to be a U.S. resident or citizen to apply for emergency disaster relief?

You can qualify for most of the disaster programs offered at the FEMA Disaster Assistance Center sites, even if you do not have a legal immigration status. This includes Temporary Housing Assistance, mortgage and rental assistance, and Individual and Family Grants for necessary home repairs and replacement of necessary household items.

Will I be considered a public charge and denied residency if I apply for emergency disaster relief?

No. Acceptance of emergency disaster relief will not be considered public cash assistance preventing you from becoming a resident. You will not be classified as a public charge solely because you have accepted emergency disaster assistance.

If I lost my “green card” (Resident Alien Card) in the tornados, how can I get a replacement?

You need to fill out a form I-90 and file it in person at the Kansas City District Office located at 9747 Conant Avenue, Kansas City, Missouri. Along with the I-90 you must submit three recent immigration photographs (2" x 2", color, with a white background) and a cashier's check or money order for $130.00. If you need help to prepare this application, Legal Aid of Western Missouri can help; call: 816-474-9868.

If I lost my work permit in the tornados, how can I get a replacement?

You need to fill out immigration form I-765. If you have a photocopy of your lost work permit, attach it to the I-765. Also include a photocopy of any applications or documents which entitle you to receive a work permit, such as an application for asylum, suspension of deportation, or adjustment of status. A $120.00 cashier's check or money order must be included to obtain a replacement work permit. Some applications must be sent by mail to INS; others must be filed in person. To be sure what to do in your case, call legal Aid of Western Missouri, 816-474-9868.

How do I get the immigration forms I need to apply for new papers?

You can get immigration forms by mail from the INS by calling 1-800-870-3676. This service is available twenty-four hours a day, seven days a week. You can get help in completing immigration forms from the agencies listed under "IMMIGRATION" at the end of this handout. These agencies may also have copies of immigration forms. If you have any concerns about your current immigration status, contact one of these agencies for legal assistance before applying for a green card of a work permit, because if you are not eligible you will lose your money.

Do I need to let INS or the immigration court know that I have moved as a result of the tornados?

It depends on what type of immigration case you have whether you are required to notify Immigration Service of your new address and where you send the notification. To find out what to do in your particular case or situation, you can call the INS toll-free number: 1-800-375-5283, or contact Legal Aid of Western Missouri, 816-474-9868.

Public Benefits

A. Food Stamps

1. Regular Food Stamps

a. What are food stamps?

Food stamps are a monthly grant of money to be used only to buy food, issued on an Electronic Benefits Transfer (EBT) card.

b. Who is eligible?

Eligibility is determined on a “household” income and resource basis. The combined monthly income of all household members after deductions may not exceed the program maximums. Since the program aids low-income households, the higher your income, the fewer food stamp benefits you will receive.

Households can have up to $2000 in countable assets. Your home and personal belongings, as well as certain vehicles, will not be included in this calculation.

How do I get Food Stamps?

To apply for Food Stamps, you may call or visit the Division of Family Services (DFS) office in the county of your current residence. The application must be taken or mailed to you on the day of your first contact. DFS has 30 days to process your application. All of your income, assets and expenses will have to be verified by DFS. If you are denied benefits, you may appeal by requesting a hearing from your caseworker at DFS within 90 days of the denial.

d. What if I am already receiving benefits, but my EBT card has been lost or destroyed?

Contact your DFS caseworker immediately to report this. Your benefits will be replaced as long as you report your lost card immediately. Your caseworker will ask you to complete a Replacement Request form. This form must be returned to DFS within 10 days of the date you reported the lost card. DFS must process your replacement benefits within 10 days of the report of the lost card, or within 2 days of receiving your completed form, whichever is longer.

B. Disaster Food Stamp Benefits

Are special Food Stamp benefits available after a disaster?

Possibly. If the State deems your county an authorized disaster area, special food stamp policies will be activated. To be eligible, you must reside is the disaster area, and be in need of emergency food stamps due to a reduction in or inability to access your income or cash resources. Contact your county DFS office to see whether your area has been authorized for disaster food stamps.

What if I was already on food stamps but lost my food in the disaster?

A second issuance of food stamps may be authorized to replace lost food purchased with food stamp benefits. If food purchased with food stamps is destroyed in a disaster or any “household misfortune”, you must complete an IM-110 Statement of Loss/Replacement Request form at DFS in your county. These replacement benefits are limited to the value of one month’s benefits. This form must be completed within 10 days of the day you report the lost food. DFS must process your replacement benefits within 10 days of your report, or 2 days of receiving your completed form, whichever is longer.

1. Expedited (Emergency) Food Stamps

What if my county is not an authorized disaster area, but I need emergency Food Stamps?

Expedited (emergency) food stamps are available to very needy persons within five calendar days of application. The expedited process is part of the regular food stamp program application process, and all new or returning applicants will be screened for expedited benefits.

How do I know if I am eligible for expedited Food Stamps?

To be eligible for expedited Food Stamps, you must show one of the following:

you or your household have no more than $150.00 in monthly income before taxes and liquid resources less than $100.00; OR
your basic shelter and utility expenses are greater than your present income and liquid resources combined; OR
you are a destitute migrant or seasonal farm worker with liquid assets less than $100.00.

What verification do I need for expedited Food Stamps?

You will only be required to verify your identity.

Do I have to meet any other eligibility requirements?

As with regular food stamps, you will be asked for verification of your immigration status, your social security number, your income and your expenses at the time you apply. However, you will be eligible for expedited food stamps within five days after you apply even if all of the verification cannot be obtained.

How long do expedited food stamp benefits last?

You can only get expedited food stamps for one month. After that, you will have to produce verification of your immigration status, social security number, income and expenses, in order to continue to be eligible.

If I do not qualify for expedited food stamps, can I still get regular food stamps?

Yes. DFS must process your food stamp application within thirty days and mail you a written decision stating whether you are eligible and the amount of benefits to which you are entitled. If you are denied benefits or you do not receive them within forty-five days of your application, and you believe you are entitled to them, you can call your nearest Legal Services office for possible legal representation.

C. Temporary Assistance for Needy Families (TANF) Benefits

What is TANF?

TANF is a monthly cash payment to families with children who have been deprived of the support of a parent due to a parent’s death, absence, disability or financial need.

Could I be eligible for TANF?

If you live in the same household as your minor children, and you have limited income and assets, you may be eligible for TANF. You must prove that your child is deprived of parental support for one of the above reasons. You should apply at the DFS office in your current county of residence.

Could my family be eligible for TANF even if we are a two-parent family, but the principal wage earner in the household is unemployed?

Possibly. Your family might be eligible and you should apply at your closest DFS office.

4. Could I be eligible for TANF if I am a caretaker for a child, but not that child’s parent?

Possibly. A TANF recipient may be a non-parent relative to a child (grandparent, aunt, etc.) or an unrelated stepparent or legal guardian. If you meet the criteria listed above, you should apply for TANF at your county DFS office even if you are not a parent of the child you care for.

D. Medicaid Benefits

What is Medicaid or “Medical Assistance”?

Medicaid (Medical Assistance) is medical coverage designed to help pregnant, low-income, disabled, or elderly citizens with the costs of health care, including prescription costs, doctor and hospital bills, and various other services.

Could I be eligible for Medicaid?

If you are pregnant, have young children, are low-income, disabled or elderly, you and your family may be eligible for Medicaid depending on your age, immigration status, income, resources, and health condition. If you are receiving monetary assistance from DFS, including TANF, you should automatically receive a Medicaid card. You may also be eligible if you are at least 65 years old, blind, disabled, receiving Social Security disability or SSI, pregnant, or have limited income. Missouri’s Health Insurance for kids is called MC+ and is available to low-income families without adequate health insurance.

If you think you may be eligible for Medicaid based on any of the above criteria, you should apply at a DFS office in the county of your current residence. If you are denied, or do not receive a decision within 45 days, contact Legal Services in your area for possible legal representation.

What if my Medicaid card was lost or destroyed?

You must report your lost card to your caseworker at your county DFS office immediately. DFS will provide you with an IM-29 Authorization Letter including the names and Medicaid numbers (DCN numbers) of each covered person in your household, as well as the date the coverage expires. You may use this letter as temporary proof of Medicaid eligibility to show to your pharmacy, doctor or hospital. The card itself is not as important as knowing your Medicaid (DCN) number, which proves your eligibility within the DFS system.

4. Could I be eligible for Medicaid if I am disabled but still able to do limited work?

Possibly. A program called Medical Assistance for Workers with Disabilities allows a person with limited income from employment, who is permanently disabled, to have Medicaid coverage, as long as he/she also has limited assets. This program has restrictions on income, and may require payment of a premium. If you think you might be eligible, apply for these benefits at your county DFS office.

E. Social Security Benefits

What are Social Security benefits?

Social Security benefits provide a minimum income for eligible workers and their families when the worker retires, becomes disabled, or dies.

What types of benefits are available, and what are the eligibility requirements?

Social Security Retirement: General eligibility for retirement benefits begins when you reach age 65-67 depending on the year you were born. Eligibility and the amount of benefits also depend on how long you have contributed to the program as a worker, and when you last worked. Ten years of coverage (40 quarters) will fully insure a worker and family for life, but less may also be enough if certain work credits were earned.

Social Security Disability: Disability benefits are available for workers who were recently employed and have a minimum number of work credits and quarters of coverage. Applicants must also prove permanent and total disability, which means that you are unemployable due to your disability for at least 12 months.

Supplemental Security Income Benefits (SSI): The SSI program provides a basic monthly income to blind, disabled or elderly (65 or older) persons who are financially needy. You can receive SSI even if you have never worked, or do not qualify for other Social Security programs. However, your income must be less than the current SSI benefit amount, and your countable assets may not exceed $2000.

3. How do I begin the application process?

If you are over the age of sixty-five, blind, disabled or think you may be eligible to collect benefits on behalf of a worker, you should apply for benefits at the Social Security office nearest you. You can also start an application by calling the Social Security Administration's toll free telephone number (1-800-772-1213). Once Social Security has all the necessary documentation, such as proof of earnings, or medical evidence of disability, they will send you a written decision. If you are denied and you think you are eligible, you should file a request for reconsideration within sixty days of the date of the initial decision. If you are denied again, you should request a hearing and contact Legal Services for possible legal representation.

Family Issues

My child is living with a relative. Will my child be able to get medical care if I cannot be reached by telephone?

If you child's medical need is an emergency and you cannot be reached, the following people can consent to your child's treatment: 1) someone to whom you gave the authority to consent to your child's medical treatment through a power of attorney; 2) your child's stepparent; 3) your child's adult brother or sister; or 4) your child's grandparent. In addition, if a doctor believes a true emergency exists, and there is no one immediately available who is authorized to give consent, the doctor can provide emergency medical care and treatment without your consent.

Is it still possible to do something about violence in our home?

A natural disaster causes a great deal of stress on everyone. This can lead to increased tension and violence in family and household units. If this were to occur in your home, you can file for an Order of Protection at the Circuit Clerk’s Office in the county in which you live. If you want to enter a battered women’s shelter in order to escape the abuse, you may contact the Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY) for assistance in locating the nearest shelter. You should contact your local police department if you feel that you are in immediate danger.

What can be done about child abuse or neglect?

The same tension and stress which leads to domestic violence can also cause child abuse or neglect. You can report the abuse or neglect by calling the statewide Child Abuse Hotline at 800-392-3738. You may also file for a Child Order of Protection at the Circuit Clerk’s office in the county where you live. You should contact your local police department to report the abuse or neglect if you feel the child is in immediate danger.

How can I get counseling for myself or for my family?

Heart of America Family Services offers family or individual counseling at several locations in the greater Kansas City area. The fees for these services are determined on a sliding scale, according to your income. To arrange for counseling, you may contact Heart of America Family Services at 913-342-1110.

In the event that I must move, how can I arrange for child support payments to be sent to a new location?

If you have a child support caseworker assigned to your case, you should contact him or her to request that your child support payments be forwarded to you at a different address. If you do not have a child support caseworker, you should contact the Division of Child Support Enforcement Customer Service Line at 800-859-7999 to request that your child support payments be sent to your new address.

Legal Aid of Western Missouri	Phone: (816) 474-6750
1125 Grand Avenue, Suite 1900	Fax: (816) 474-1578
Kansas City , MO 64106
	Clients Call: (816) 474-6750

Counties Served: Andrew County, Atchison County, Barton County, Bates County, Benton County, Buchanan County, Caldwell County, Camden County, Carroll County, Cass County, Clay County, Clinton County, Daviess County, DeKalb County, Gentry County, Grundy County, Harrison County, Henry County, Hickory County, Holt County, Jackson County, Jasper County, Johnson County, Lafayette County, Linn County, Livingston County, McDonald County, Mercer County, Morgan County, Newton County, Nodaway County, Pettis County, Platte County, Putnam County, Ray County, St. Clair County, Saline County, Sullivan County, Vernon County, Worth County

Legal Services of Eastern Missouri, Inc.	Phone: (314) 534-4200
4232 Forest Park Avenue	Fax: (314) 534-1425
St. Louis , MO 63108
	Clients Call: (800) 444-0514

Counties Served: Adair County, Clark County, Franklin County, Jefferson County, Knox County, Lewis County, Lincoln County, Macon County, Marion County, Monroe County, Montgomery County, Pike County, Ralls County, St. Charles County, St. Louis County, Schuyler County, Scotland County, Shelby County, Warren County, Washington County, St. Louis city

Mid-Missouri Legal Services Corporation	Phone: (573) 442-0116
205 East Forest Avenue	Fax: (573) 875-0173
Columbia , MO 65203
	Clients Call: (800) 568-4931

Counties Served: Audrain County, Boone County, Callaway County, Chariton County, Cole County, Cooper County, Howard County, Miller County, Moniteau County, Osage County, Randolph County

Legal Services of Southern Missouri	Phone: (417) 881-1397
2872 South Meadowbrook Avenue	Fax: (417) 881-2159
Springfield , MO 65807
	Clients Call: (800) 444-4863

Counties Served: Barry County, Bollinger County, Butler County, Cape Girardeau County, Carter County, Cedar County, Christian County, Crawford County, Dade County, Dallas County, Dent County, Douglas County, Dunklin County, Gasconade County, Greene County, Howell County, Iron County, Laclede County, Lawrence County, Madison County, Maries County, Mississippi County, New Madrid County, Oregon County, Ozark County, Pemiscot County, Perry County, Phelps County, Polk County, Pulaski County, Reynolds County, Ripley County, Ste. Genevieve County, St. Francois County, Scott County, Shannon County, Stoddard County, Stone County, Taney County, Texas County, Wayne County, Webster County, Wright County