Chapter 2 › I.F Appeal Rights and Requirements

Can we appeal a FEMA decision, and what does the appeal need to include?

FEMA term

Appeal rights and requirements

Short answer

Yes. You can appeal any FEMA determination on your application, including eligibility denials and denied time extensions. The first appeal goes through the recipient to the Regional Administrator; a second appeal goes through the recipient to the Assistant Administrator for Recovery at FEMA Headquarters.

What FEMA requires

Appeals must be written and submitted electronically; recipients submit them to FEMA through Grants Portal.
Every appeal must include documented justification for your position, the specific amount in dispute for each issue, and the laws, regulations or policies (for that disaster) you believe FEMA’s decision conflicts with.
You may withdraw an appeal at any time with a written request sent to both the recipient and FEMA.
FEMA may raise new eligibility issues on appeal that weren’t in the original determination.
These procedures apply to disasters declared on or after January 1, 2022; older declarations follow the earlier appeal rules in 44 CFR 206.206.

Documentation

A written appeal with your argument, supporting documents, amounts in dispute by issue, and the specific citations.

Watch out · Govstar practitioner advice

Cite the rules in effect for your disaster’s declaration date. Citing current policy against an older disaster weakens an otherwise good argument.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.