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Resources for Legal Aid Professionals
FEMA Legal Services Information
- MOU between ABA Young Lawyers Division and FEMA (May 2012)
This is the MOU between the ABA Young Lawyers Division (YLD) and the Federal Emergency Management Agency (FEMA) that sets the terms for YLD to provide legal services to low-income disaster victims in the aftermath of a major disaster as defined in the Stafford Act.
- Disaster Legal Services Fact Sheet
- ABA's Young Lawyers Division Disaster Legal Services FAQs
- HUD, DOJ, DHS, HHS, and DOT joint guidance about protecting the civil rights of those affected by disasters
Forms and Information provided by FEMA for use in assisting clients with FEMA appeals and other interrelated benefits:
- FEMA Authorization and Consent to Disclose Information Form. This 2014 form was provided by FEMA to be used on the letterhead of legal organizations representing clients.
- Uniform Guidance on Individuals and Households Program Does FEMA think your client is the owner? Here is where you look to see how they decide that.
- Appeals in a Nutshell- by FEMA.
- Sequence of Assistance. This shows the hierarchy of assistance from many sources and shows what items could be duplication of assistance.
- FEMA Privacy Cover Sheet
- FEMA Appeals can be done with http://www.disasterlegalaid.org/legalhelp/item.5466-Appeal_Your_FEMA_Decision
- Stafford Act
- 44 CFR 206 Federal Disaster Assistance (NEWS FLASH Final Rule changes to 44 CFR 206 issued November 7, 2013, effective December 9, 2013. This rule finalizes revisions to FEMA's repair, replacement, and housing construction assistance regulations that clarify the eligibility criteria for assistance and implement changes to section 408 of the Stafford Act that were made by the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA).)
- 31 CFR 212 You can find the Money and Finance Regulations here that will protect FEMA funds in client's accounts, as protected federal benefit payments.
- FEMA IHP Assistance-Appealing Adverse Decisions and Avoiding FEMA Overpayments. By Southeast Louisiana Legal Services. 2012. Created to Respond to Hurricane Issac. Current maximum cash grant is $34,000.00 as of October 1, 2017.
- FEMA's Postdisaster Grant Recoupment: Hurricane Survivors Still Struggling Seven Years Later
By the Shriver Center. Very informative review of FEMA recoupment and litigation after Katrina.
- FEMA Wants Money Back- by SLLS
- 31 CFR - Money and Finance: Treasury
- PART 901—Standards for the Administration of Claims
- PART 902--- Standards for the Compromise of Claims
- PART 903--- Standards for the Terminating and Suspension of Collection Activity
- Form - FEMA Declaration and Release (current until July 2017)
- Form- Debt Collection Financial Statement- in process of being updated
- FEMA Litigation: La Union del Pueblo Entero (LUPE), et al. v FEMA
Lawsuit brought against FEMA in wake of Hurricane Dolly for denying housing repair applications in the Rio Grande Valley.
Complaint for Injunctive Relief
Motion for Preliminary Injunction
Exhibits for Preliminary Injunction
Proposed Preliminary Injunction
Plaintiff's Motion For Summary Judgment March 2014
- FEMA Independent Study Program- a variety of self paced classes for individuals
The Disaster Legal Aid National Advisory Group consists of experts in disaster legal response from the Legal Services Corporation, American Bar Association, legal services organizations and law schools. If you are a pro bono or legal services attorney working on a disaster-related case, the Advisory Group is here to help! Please visit the Advisory Group page for information on the group, group members and how to contact the group with inquiries.