By Murray Wennerlund published 10-28-2024 updated 10-28-2024
206.115 Appeals.
Resource Link Title 44, CFR 206.115 Appeals section.
(a) Under the provisions of the Stafford Act, 42 U.S.C. 5189a, applicants for assistance under this subpart may appeal any determination of eligibility for assistance made under this subpart. Applicants must file their appeal within 60 days after the date that we notify the applicant of the award or denial of assistance. Applicants may appeal the following:
(b) Appeals must include a written explanation or verifiable documentation for the appeal and meet the requirements of § 206.117, as applicable. See §§ 206.117(b)(2)(vi), 206.117(b)(3)(iv), and 206.117(b)(4)(iii). If someone other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent them. If a written explanation is submitted, it must be signed by the applicant or a person the applicant designates to represent them.
(c) Applicants must appeal to FEMA for decisions made under this subpart, unless FEMA has made a grant to the State to provide assistance to individuals and households under § 206.120(a), State administration of other needs assistance then the applicant must appeal to the State.
(d) An applicant may ask for a copy of information in his or her file by writing to FEMA or the State as appropriate. If someone other than the applicant is submitting the request, then the applicant must also submit a signed statement giving that person authority to represent them.
(e) FEMA or the appropriate State official will review the original decision after receiving the appeal. FEMA or the State, as appropriate, will give the appellant a written notice of the disposition of the appeal and a reason for the determination within 90 days of receiving the appeal. The decision of the FEMA or State appellate authority is final.
Below are examples of appeals for the various FEMA eligibility determinations under 44 CFR § 206.115.
Appeal 1: Eligibility for Assistance (Including Recoupment)
To Whom It May Concern,
I am writing to formally appeal FEMA's determination regarding my eligibility for assistance under the Individual Assistance Program. On [Date], I received notification from FEMA that my application for disaster assistance was denied due to [reason for denial—e.g., "ineligible for housing assistance"]. However, I believe this decision was made in error due to the following circumstances:
[Provide a detailed explanation of the reasons for the appeal, including any verifiable documentation supporting your claim. Examples could include a lack of adequate damage assessment, missing or incorrect information used to determine eligibility, or newly discovered information showing damage that was not considered.]
I am attaching [list of documents such as contractor estimates, insurance documents, photos, or inspection reports] as evidence to support my claim.
Please reconsider my eligibility for assistance based on this additional information. I appreciate your time and consideration of my appeal.
Sincerely,
Appeal 2: Amount or Type of Assistance
I am writing to appeal the amount of assistance provided by FEMA in response to the damages I sustained during [disaster name]. On [Date], I was awarded [$amount], which I believe does not accurately reflect the extent of the damage and the cost to repair my property.
[Provide details of the situation, referencing estimates, receipts, or evaluations that show the necessary repair costs are higher than what was awarded. Explain why you believe the amount provided is insufficient for the repairs.]
I have attached [list of supporting documents such as contractor bids, insurance assessments, receipts for temporary repairs] to demonstrate that the amount awarded does not fully cover the necessary repairs or meet my needs as outlined under FEMA guidelines.
Thank you for reviewing my appeal. I look forward to your timely response.
Sincerely,
Appeal 3: Cancellation of an Application
I am writing to appeal FEMA’s decision to cancel my application for disaster assistance. On [Date], I was informed that my application had been canceled due to [reason for cancellation]. However, I believe this decision was made prematurely and does not take into account the following information:
[Provide a detailed explanation for why the application cancellation should be reversed, such as providing updated contact information, missing documentation that is now available, or an explanation of any misunderstanding that led to the cancellation.]
Please find attached [list of documentation such as missing documents, contact information updates, or letters explaining any extenuating circumstances] that should be considered in your review.
I request that FEMA reinstate my application and continue to process my claim for assistance. Thank you for your time and consideration.
Sincerely,
I am writing to appeal FEMA’s rejection of my application due to late submission. I submitted my application on [Date], which was [number of days] past the deadline. However, the delay was caused by [explain the reason for late submission, such as medical reasons, communication issues, or inability to access FEMA application services during the deadline period].
I have attached [list of supporting documents such as medical records, statements showing inability to access services, etc.] that explain the reason for the late submission.
Given these circumstances, I respectfully request that FEMA reconsider my application and allow me to apply for assistance despite the late submission. Thank you for your understanding and consideration.
Sincerely,
I am writing to appeal FEMA’s decision to deny my continued assistance under the Individual and Households Program. On [Date], I received notification that my request for continued assistance was denied, citing [reason provided, such as “failure to demonstrate continued need”].
However, I believe this decision was made without full consideration of the circumstances. Since receiving the initial assistance, I have experienced ongoing challenges, including [list specific challenges, such as inability to return to home, lack of employment, etc.]. These conditions continue to make it impossible for me to meet my basic living needs.
I am attaching [list of documents, such as financial statements, updated damage reports, or proof of continued displacement] to demonstrate my need for ongoing assistance.
I kindly request that FEMA reconsider its decision and provide me with continued support during this difficult time.
Sincerely,
[Your Name]
[Your Contact Information]
[Your Signature]
Appeal 6: FEMA’s Intent to Collect Rent from Occupants of a FEMA-Provided Housing Unit
Applicant Name: [Your Name]To Whom It May Concern,
I am writing to appeal FEMA’s decision to charge rent for the FEMA-provided housing unit in which I currently reside. On [Date], I received notification that I would be required to begin paying rent starting on [Date]. However, I believe this decision was made without considering my current financial situation.
Due to [briefly explain the reason—e.g., “job loss,” “continued displacement,” or “medical hardship”], I am unable to afford rent at this time. I have attached [list of supporting documentation, such as proof of unemployment, medical bills, or financial statements] to provide further insight into my situation.
Given these circumstances, I respectfully request that FEMA reconsider its decision to charge rent and allow me to continue residing in the housing unit without additional financial burden.
Thank you for your time and consideration.
Sincerely,
[Your Name]
Appeal 7: Termination of Direct Housing Assistance
Applicant Name: [Your Name]To Whom It May Concern,
I am writing to appeal the termination of my direct housing assistance. On [Date], I was notified by FEMA that my assistance would be terminated as of [Termination Date]. I believe this decision was made in error, as I continue to require assistance due to [provide reasons, such as “the inability to return to my home due to ongoing repairs,” “financial hardship,” or “continued displacement from my residence”].
I am attaching [list of supporting documentation, such as contractor estimates, damage reports, or financial statements] to show that I am still in need of direct housing assistance and have not yet been able to secure alternative housing.
I kindly request that FEMA extend my direct housing assistance until I am able to secure a permanent living situation.
Thank you for your consideration.
Sincerely,
[Your Name]
Appeal 8: Denial of Request to Purchase a FEMA-Provided Housing Unit at Termination of Eligibility
To Whom It May Concern,
I am writing to appeal FEMA’s denial of my request to purchase the FEMA-provided housing unit I currently reside in. On [Date], I was informed that my request to purchase the unit was denied due to [reason for denial].
However, I believe this decision was made without considering my unique circumstances. I have resided in this unit since [start date] and have been unable to secure alternative housing due to [briefly explain your situation, such as “lack of affordable housing in the area” or “ongoing repairs to my home”].
I have attached [list of supporting documents, such as financial records, local housing market data, or proof of ongoing home repairs] that I believe justifies my request to purchase the unit.
I kindly ask FEMA to reconsider its decision and allow me to purchase the housing unit. Thank you for your attention to this matter.
Sincerely,
[Your Name]Appeal 9: Sales Price of a FEMA-Provided Housing Unit
To Whom It May Concern,
I am writing to appeal the sales price FEMA has determined for the housing unit I wish to purchase. On [Date], I received notification that the sales price for the unit was set at [$amount]. However, I believe this price is not reflective of the current market value or the condition of the unit.
I have attached [list of supporting documents, such as independent appraisals, estimates of needed repairs, or market comparisons] that demonstrate why I believe the sales price should be adjusted.
I kindly request that FEMA reevaluate the sales price for the unit based on this new information. Thank you for your consideration.
Sincerely,
[Your Name]Appeal 10: Any Other Eligibility-Related Decision
To Whom It May Concern,
I am writing to appeal FEMA’s decision regarding [briefly describe the decision—e.g., “my eligibility for Other Needs Assistance” or “the eligibility of certain household members for assistance”]. On [Date], I was notified that [briefly describe the notification and FEMA’s decision].
However, I believe this decision was made based on incomplete or incorrect information. Specifically, [explain the reasons for the appeal, such as incorrect documentation, missing information, or other verifiable details that impacted FEMA’s decision].
I am providing [list of supporting documents] that I believe will clarify the situation and demonstrate my eligibility for assistance.
Please reconsider your decision based on this additional information. Thank you for your attention and time.
Sincerely,
[Your Name]These appeal templates should be tailored with the specifics of your situation and include any supporting documentation that can verify your claims. Each appeal should be submitted within 60 days of receiving the notification from FEMA.
These appeals are written to ensure that they meet the FEMA appeal requirements outlined in 44 CFR § 206.115, and they provide a clear and detailed explanation of the reasons for the appeal. You should ensure all necessary supporting documentation is included when submitting the appeal, and submit it within the 60-day deadline from the date of the original FEMA decision.
If you need my assistance feel free to use the contact page below.
Please enter the FEMA appeal reason by copying the first and second paragraph of your denial letter.