126.96.36.199.5 Ineligibility findings
Some reasons why clients are determined ineligible for one or more forms of FEMA assistance65 include:
- • The applicant is already insured for the loss;
- • The applicant failed to prove occupancy of the damaged address prior to the disaster;
- • The applicant reported no home damage on their application;
- • The applicant was required to apply for a Small Business Administration (SBA) loan and failed to do so;66 or
- • The applicant lives in a home that previously received FEMA assistance, or personally received FEMA assistance in the past, but did not comply with mandated insurance requirements.67
Applicants have sixty days to appeal an ineligibility determination, and can submit the appeal by mail, fax, online at www.disasterassistance.gov, or in-person at a DRC.68 Help clients with appeals after doing a case-specific factual analysis to determine merit. Late appeal submissions may be appropriate in certain cases.
65 42 U.S.C.A. § 5174; 44 C.F.R. § 206.113(b); FEMA, Reasons Why You Might Have Been Found Ineligible by FEMA (Sept. 9, 2020), available at https://www.fema.gov.
66 This should not be a listed denial reason after implementation of the DRRA of 2018.
67 44 C.F.R. § 206.110(k). Depending on the type of disaster for which the client receives FEMA assistance, they may be required to obtain flood insurance or other mandated loss mitigation measures. This reason is not necessarily common, but could happen in an area that experienced several disaster declarations.
68 FEMA, Reasons Why You Might Have Been Found Ineligible by FEMA (Sept. 9, 2020), available at https://www.fema.gov.