Key Points
Appeals Process
The process for FEMA to reconsider a determination or decision follows a sequence of steps. Including:
- Determination Memo: FEMA's official notification of a decision to an Applicant
- Submittal of first level appeal: Applicant's request that FEMA reconsider a determination
- Final Request for Information and first appeal decision: FEMA can place a final Request for Information in order to assist their decision. FEMA Regional Office then makes their first appeal determination
- Second level appeal: If the Applicant receives an unfavorable first appeal determination they may appeal that determination
- Final decision from FEMA: FEMA Headquarters provides a final decision to the Applicant's second level appeal
Determination Memorandum
When eligibility issues cannot be resolved, FEMA issues a formal eligibility determination letter, setting forth an Applicant's appeal rights, with an accompanying memorandum that explains the basis for the denial.
Submittal of First Level Appeal
The Applicant must submit a written appeal to the Recipient within 60 days of receiving the written notification of FEMA's determination. The Recipient must forward the appeal with its written recommendation to FEMA within 60 days of its receipt of the appeal. The Recipient has full discretion to support or oppose all or part of an Applicant's position in the appeal. An Applicant should confirm receipt of the appeal by the Recipient and FEMA, if an acknowledgement email is not received.
Information to Include in an Appeal
The appeal must contain the justification and documentation that supports the Applicant's position, specifying the monetary figure in dispute, and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent.
Detailed Discussion
If the Applicant decides to appeal FEMA’s eligibility decision, they must go through the appeals process.
- First Appeal
- The applicant must submit a written appeal to the Recipient within 60 days of receiving the eligibility determination
- The Recipient creates a recommendation based upon the appeal and provides FEMA with both within 60 days of receiving the appeal
- Within 90 days of receiving the appeal, the FEMA Regional Administrator either makes a determination or requests additional information from the Applicant
- Second Appeal
- If the Applicant disagrees with FEMA’s first appeal determination, they have 60 days from the notification of the First Appeal determination to appeal the decision
- The Applicant has 60 days from the notification of the First Appeal determination to appeal again
- Within 90 days of the second appeal, the Assistant Administrator of the Recovery Directorate at FEMA Headquarters will either make a determination or request additional information
The process for FEMA to reconsider a determination or decision follows a sequence of steps. Including:
- Determination Memo: FEMA's official notification of a decision to an Applicant
- Submittal of first level appeal: Applicant's request that FEMA reconsider a determination
- Final Request for Information and first appeal decision: FEMA can place a final Request for Information in order to assist their decision. FEMA Regional Office then makes their first appeal determination
- Second level appeal: If the Applicant receives an unfavorable first appeal determination they may appeal that determination
- Final decision from FEMA: FEMA Headquarters provides a final decision to the Applicant's second level appeal