ABA LAMP PRESENTATION; DISASTER LEGAL SERVICES NOVEMBER 05, 2015, HILTON, 2 POYDRAS ST, NEW ORLEANS, LA REFERENCES, LINKS FOR POSSIBLE USE

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1 ABA LAMP PRESENTATION; DISASTER LEGAL SERVICES NOVEMBER 05, 2015, HILTON, 2 POYDRAS ST, NEW ORLEANS, LA REFERENCES, LINKS FOR POSSIBLE USE a. DHS Hurricane Ready Plan b. DHS Disaster Plans Family and Business c. DHS Business/Law Firm Continuity of Operations Plan Note the Templates for use d. DHS Evacuating your Family and Self e. St of LA Governor s Office of Homeland Security and Emergency for you, family and business f. FEMA Independent Study Program and Courses Program Course Brochure and flier g. St of LA Bar Disaster Planning h. St of LA Bar Disaster Planning Handbook i. St of LA Bar Emergency Disaster Training Manual for Volunteer Lawyers and Access To Justice Disaster Plan for Legal Assistance j. St of LA Bar Disaster Response Site k. ABA Disaster legal services ml 1

2 ABA LAMP PRESENTATION; DISASTER LEGAL SERVICES NOVEMBER 05, 2015, HILTON, 2 POYDRAS ST, NEW ORLEANS, LA REFERENCES, LINKS FOR POSSIBLE USE (Continued) l. ABA Disaster Legal Services Manual FEMA ema_manual_2014.pdf m. Disaster Legal Aid and Manuals support for lawyers and legal personnel and Disaster_Manuals_and_Presentations n. ABA s Disaster Planning site for lawyers anning.html o. ABA s post disaster resources er_resources_assistance.html 2

3 Hurricane Relief Legal Assistance Information for USCG Active Duty, Civilians, and Dependents United States Coast Guard Legal Service Command (Revised 8/22/2012)

4 PREFACE The information in this booklet is intended to provide general information and guidance regarding legal assistance services available to Coast Guard members, their families and civilian employees impacted by a hurricane. Legal questions and answers and other information included is intended as general advice and cannot deal with every personal situation. For the answers to questions regarding your particular legal issues, contact a legal assistance office. The purpose of this guide is to give Coast Guard members, their families and civilian employees general information regarding legal assistance services and issues and not for specific advice. While a great deal of care has been taken to provide accurate and current information, the ideas, general principles and conclusions presented in this document may differ depending on local, state and federal laws and regulations. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel. This guide should not be used as a substitute for competent legal advice. The Coast Guard Legal Service Command makes available the information and materials in this guide for general information purposes only. This guide by necessity is general in nature, and may not apply to particular factual or legal circumstances. In any event, the Guide does not constitute legal advice and should not be relied upon as legal advice. Readers are urged to seek individual advice from a Coast Guard or DoD legal assistance attorney or from other qualified legal counsel. 2

5 Contents Hurricane Legal Assistance Contact Phone Numbers... 7 Some Helpful Hurricane Web Sites... 7 General Business Customer Service Numbers... 8 Credit Cards... 8 Banks... 8 Legal Assistance Client Needs Checklist Financial Automobile/Boat Administrative/Legal Miscellaneous Coast Guard Legal Assistance may also provide for you: Power of Attorney Advance Medical Directive (Living Will) Will You may need a Power of Attorney if Frequently Asked Questions Automobile Military Important Documents Financial Designated Place Allowances for Military Dependents Safe Haven Allowances for Military Dependents Relocation Assistance Teams

6 Personal Property Damage Claims You may file a damage claim if you are a: You may file a damage claim for: To file a damage claim with the U.S. Coast Guard the following forms are required: If your property is covered by private insurance: If you did not own the damaged or lost property: Amount paid by the U.S. Coast Guard: Questions or Additional Information: Hurricane Property Claim Tips (CG Leased Property) Before you visit your damaged CG leased residence You visit your damaged residence After you visit your residence Assemble required documentation Claims payment Steps to Be Taken By Potential Claimants General Information Mitigate Damages Assemble Required Documentation Claims Payment Filing a Flood-Insurance Claim FEMA Grant Requirements, Restrictions, and Tax Consequences Statutory and Regulatory References Initial $2,000 Payment Transitional Housing Assistance Program

7 Am I eligible for Transitional Housing Assistance? How do I get Transitional Housing Assistance? How can I spend the money? Longer Term FEMA Assistance Requirements To receive money or help for "Housing Needs" that are the result of a disaster, all of the following must be true: To receive money for Other than Housing Needs that are the result of a disaster, all of the following must be true: You may not be eligible for money or help from FEMA if: Application Review Allowable Uses of Benefits Accountability of Use Other Sources on Relief Taxable and Non-taxable Disaster Payments/Benefits Duty to Mitigate Damages Hurricane Recovery Assistance Programs FEMA Disaster Housing Program Military Personnel and Civilian Employees' Claim Act of 1964 (COMDINST M5890.9) Coast Guard Mutual Assistance Single Incident, Group Situation, Individual Assistance, Immediate and Long-Term Need Federal Tax Relief for Hurricane Victims Federal Disaster Unemployment Insurance Federal Home Mortgage Insurance for Disaster Victims Federal Economic Disaster Injury Loans for Small Businesses

8 8. Military Reservist Economic Injury Disaster Loan Program American Bar Association Disaster Legal Services Hotlines: If you are a victim of being unlawfully evicted from your apartment or rental property, you should contact your state s Office of the Attorney General: Coast Guard Legal Assistance Customer Service Numbers Insurance Claim Flow Chart Discussion-Duty to Mitigate/Protect Your Property Policy Requirements to Mitigate Reasonableness of Mitigation Efforts

9 Hurricane Legal Assistance Contact Phone Numbers USCG Legal Service Command: (757) /(757) USCG HQ Legal Office: (202) USCG D1 Legal Office: (617) USCG D7 Legal Office: (305) USCG D8 Legal Office: (504) USCG D9 Legal Office: (216) USCG D11 Legal Office: (510) USCG D14 Legal Office: (808) USCG D17 Legal Office: (907) FEMA Helpline: FEMA (3362) Red Cross Armed Forces Emergency Service Center: Some Helpful Hurricane Web Sites National Hurricane Center Coast Guard Legal Assistance General Coast Guard News Military Legal Assistance Locator 7

10 Credit Cards General Business Customer Service Numbers American Express Bank of America Best Buy Capital One Chase Citi Bank Discover Home Depot Lowes Military STAR Target Banks Bank of America Bank of Hampton Roads BB&T Capital One Chase/Bank One Navy Federal PNC Bank SunTrust USAA Wells Fargo

11 You may need legal assistance if 1. Financial You do not have available money. Legal Assistance Client Needs Checklist You do not know how to contact USCG Mutual Assistance for a loan or grant. You need to know whether you should stop any allotments that you have initiated. You need to know whether you need to stop any bank drafts that you initiated. You need to know whether you need to stop any direct deposits that you initiated. You do not know the name, branch, phone number, address, account number, account minimum payment, credit limit, or type of notes that you are obligated to pay. You need to know whether you should continue to pay your mortgage or rent. You have questions about your car insurance. You have questions about your property insurance. You have questions about your automobile loan(s). You have questions about your cable or other utility bins. You have questions about child care. You have questions about enrolling your child in school. You need a creditor s account number, amount owed and address. 2. Automobile/Boat You do not know where the title is. You do not have your vehicle or watercrafts' registration and insurance policy, You do not know the renewal date for your license plate and inspection sticker. You do not have a valid state driver's license. 9

12 You do not know when your state driver's license expires. 3. Administrative/Legal Your family does not have their military ID cards. You do not know how to obtain new identification cards. You may have lost your citizenship or other INS papers. You may have lost your passports. You need a power of attorney to give someone else the authority to take care of personal business. Any family member needs to speak with an attorney. 4. Miscellaneous You have been a victim of a crime. You need a power of attorney to authorize someone to act as your agent. You need information about fighting bankruptcy. You have been a victim of identity theft. 10

13 Power of Attorney Coast Guard Legal Assistance may also provide for you: A Power of attorney is a written instrument authorizing a person to act on your behalf in certain legal, business, and family matters. This legal instrument is frequently helpful to military community members and can save considerable expense and inconvenience. Advance Medical Directive (Living Will) An Advance Medical Directive, or "Living Will", is a written instrument signed by you giving your family and health care providers direction about your personal wishes relating to health care treatment in certain circumstances. Will A Will is an instruction signed by you that directs the disposition of property and the naming of a legal guardian for your children after you die. If you do not have a will, your property will be distributed according to state law and may not be your desired distribution. 11

14 You may need a Power of Attorney if Your child is now living with someone other than your spouse. Someone other than you may need to take care of any of the following for you. Banking Accepting household goods Filing a household goods claim Shipping household goods Performs any parental acts that you or your spouse would normally perform Take your child to the doctor Accept quarters Vacating quarters tor you Build a home Buy and close on real property Making an offer to purchase real property Rent, lease or maintain a property as rental property Buy sell or refinance real property Procure rental housing Pay taxes Sell a vehicle Ship a vehicle 12

15 Automobile Frequently Asked Questions Q: I have relocated my spouse to a new state. What are the driver s license requirements for her now? A: You can find dependant driver's license requirements at this web site: nse_requirements. Q: I lost my driver's license. How do I get a new one? A: Contact the department of motor vehicles (DMV) of the Issuing state. If you cannot contact your issuing state, contact the state DMV where you are. You can find Department of Motor Vehicle information for all states at this web site: Q: I am having a dispute about my car with my local car dealer. What can I do? A: If you have a problem with a car purchased from a local dealer, first try to work it out with the dealer. If the problem is not resolved, contact the manufacturer's regional or national office. Ask for the consumer affairs office. If you are still unsuccessful, consider contacting the automotive dispute resolution programs at the website: Q: My car has been destroyed. What do I do? A: Report this to your Insurance carrier. You may be also able to file a claim with the USCG. This will depend on where your car was located and the circumstances surrounding the damage to the car. Q: We left our car behind and we heard it is destroyed; do we still have to pay this month's insurance premium? A: You would need to look at your insurance contract. If you car has been destroyed, there is no car left to insure. If your car was destroyed when it was insured, then your insurance company will pay for the damage if this was covered under your insurance contract. Military Q: I lost my government issued ID. How do I get a replacement? A: Contact the issuing agency. Q: Military discharge papers were lost. How do I get new papers? A: Contact the National Archives at or 13

16 Important Documents Q: I lost my passport. How do I get a replacement? A.: Contact the State Department - Passport Services at or Q: I lost my birth, death; marriage certificate's and divorce decrees. How do I get a replacement? A: Contact the bureau of records in the appropriate state. This website will give you a state by state listing of where to write to for vital records: Q: I lost my Social Security Card. How do I get a replacement? A: Contact your local Social Security office or call Q: How do I get replacements for lost titles or deeds? A: Contact the records department of the area in which the property is located. Q: I lost my Will. A: Contact your attorney if you used a private attorney. Or, have your legal assistance office draft a new will. Q: I lost my citizenship papers, how do I get a replacement? A: Contact the Bureau of Citizenship and Immigration at Financial Q: I lost my credit card. How do I get a replacement? A: Contact the issuing companies as soon as possible. For MasterCard, contact the issuing financial institution. For VISA, contact the issuing financial institution. For American Express, call For Discover, call Q: I have lost my stocks and bonds. How do I get replacements? A: Contact the issuing company or your broker. Q: I lost my income tax records. How do I get my records? A: Contact the IRS center, where you filed, your accountant, or call Q: I lost my mortgage papers. How do I get replacements? A: Contact your lending institution. Q: My wife's work was destroyed and she's moved to Indiana with relatives. Can she draw unemployment insurance from the State of Indiana based on her former employment in another state? A: She can file a claim online in the state where her work was formerly located. 14

17 Q: Will my credit be destroyed? A: If possible, contact your creditor and tell them that you are a hurricane victim. Then request that they work with you to set up deferred payments and payment plans. If you're your credit report shows a negative entry, you have a right to have your own 100 word statement added to your credit report. Designated Place Allowances for Military Dependents This document addresses the allowances provided to military dependents who are directed to move to a designated place. Once a determination is made that the evacuated dependents should not return to their sponsor's permanent duty station (PDS) or their return will not be authorized in the near future, the dependents will be directed to move to a designated place. A designated place is a location selected by the evacuated dependents where they will establish s permanent residence until the member is in receipt of new permanent change of station (PCS) orders or they are authorized to return to the member's duty station. A move to a designated place outside CONUS must he authorized by COMDT (CG-1222). The following allowances are intended to assist dependents in making this transition to the designated place and are described in greater detail in the Joint Federal Travel Regulation, Volume 1 (JFTR, Chapter 6, Part E (online on the internet at Transportation expenses and travel per diem begin when the dependents depart the safe haven location and end when they reach the designated place. If the dependents choose to travel from the safe haven location to the designated place via rental vehicle, only the monetary allowance in lieu of transportation (MALT) is reimbursable. Direct payment for the rental car cannot be made. When the dependents arrive at the designated place, per diem allowances may continue up to 30 days while dependents wait to occupy the permanent residence. This designated place per diem consists of two separate parts: one for lodging, and one for meals and incidental expenses (M&IE). The lodging allowance is paid on behalf of those living in commercial quarters and must be documented by a receipt showing the daily cost of lodging. Consequently, dependents staying with family or friends do not receive lodging reimbursement. The only exception to this is a legal lease paid to family or friends for a separate residence. For families who have moved to a new geographic location as their designated place, each dependent age 12 or older is authorized up to 100% of the local per diem rate and each child under age 12 receives up to 50% of the local per diem rate. If living with friends or relatives, each dependent age 12 or older receives 100% of the M&IE and children under age 12 receives 50% of the M&IE. With a bona fide lease, the dependents are reimbursed lodging. For dependents that declare their safe haven as their designated place and are already at a reduced per diem rate, allowances continue at the reduced rate for up to 30 days. Once dependents occupy the residence evacuation allowances cease. 15

18 Members relocating their dependents to areas with higher BAH rates than their PDS may request dependent location BAH from COMDT (CG-1222). If dependents have not taken a privately owned vehicle (POV) to the designated place they are authorized a transportation allowance of $25.00 per day only for the period they are entitled to per diem. No receipts are required. Dislocation Allowance (DLA) is payable incident to relocating dependents to a designated place. This one-time payment partially reimburses members for an otherwise un-reimbursed relocation expenses. Service members are authorized transportation of their Household Goods (HHG) from their permanent duty (PDS) and/or from non-temporary storage (NTS) to the dependents' designated place and/or placement in NTS. 16

19 Safe Haven Allowances for Military Dependents This document addresses evacuation allowances provided to military dependents that have been evacuated from areas affected by a hurricane. If military families are subsequently authorized to move to a designated place", related allowances will be addressed under a separate memorandum. The following safe haven allowances for military dependents are described in greater detail in Joint Federal Travel Regulations, Vol. 1 (JFTR), Chapter 6 (online at - Transportation expenses and travel per diem continue from the time the family departs the evacuation site, until the time they reach their selected CONUS safe haven location. The safe haven location is a temporary place of residence at which the family chooses to stay until a determination is made that it is safe for them to return to the sponsor s permanent duty station (PDS) or to select a "designated place". - Safe haven allowances are based on the local per diem rate and begin the day the family reaches the authorized safe haven. Allowances cease upon the earliest occurrence of the following events: termination of the authorized/ordered departure; initiation of the evacuee(s) return travel to their sponsor's duty station or travel to a designated place; initiation of the sponsor's travel to his/her next PDS/retirement/separation destination; or a maximum of 180 days. Per diem consists of two separate parts: one part for lodging, and one for meals and incidental expenses (M&IE). The lodging allowance is paid for those living in commercial quarters and must be documented by a receipt showing the daily cost of lodging. Consequently, families staying with family or friends do not receive any lodging reimbursement. If families rent lodging from a friend or relative with a bona fide written lease and the friend or relative does not jointly occupy the leased lodging, then lodging may-be reimbursed. Taxes for lodging in the U.S. are a separate reimbursable expense. For the first 30 days, if the family is living in commercial quarters, each dependent age 12 or older is authorized up to 100% of the local per diem rate and each child under age 12 receives up to 50% of the locality rate. If living with friends or relatives, each family member age 12 or older receives 100% of the M&IE and each child under age 12 receive 50% of the M&IE. With a bona fide lodging receipt (e.g., hotel, bill, lease) the family also is reimbursed for lodging costs. For the 31st day, up to a maximum 180 days, if the family is living in commercial quarters, each family member age 12 or older receives up to 60% of the local per diem rate and each child under age 12 receives up to 30% of the locality rate. If living with friends or relatives, each family member age 12 or older receives 60% of the M&IE rate and each child under age 12 receives 30% of the M&IE rate. 17

20 If the family has no privately owned vehicle (POV) at the safe haven location, a transportation allowance of $25 per day is authorized. No receipts are required. The family may ship up to 350 pounds of unaccompanied baggage per family member age 12 or older and 175 pounds per child under 12 years of age, for a family total of no more than 1,000 pounds. The movement of household goods (other than those specifically authorized or approved by competent authority as needed for the dependents comfort and well being) or privately owned vehicles (POVs) to a safe haven is not authorized. Relocation Assistance Teams 18

21 Personal Property Damage Claims YOU MAY FILE A DAMAGE CLAIM WITH THE LSC CLAIMS AND LITIGATION BRANCH IF: 1. You may file a damage claim if you are a: a. Coast Guard member; b. Coast Guard Reservist engaged in training; c. Civilian employee of the Coast Guard; d. Public Health Service Officer detailed to the Coast Guard; e. Authorized agent (with Power of Attorney) or legal representative (with retainer agreement) of a-d above; and f. Survivor of a-d above in the following order of precedence: (1) spouse (2) child/children (3) parent(s) (4) sibling(s) 2. You may file a damage claim for: a. Damage to or loss of personal property caused by hurricane, flood, fire, theft, vandalism, or, electrical power outages not caused by the claimant, when the property is considered reasonable and useful (such as: cars, stereos, CD's, computers, furniture, books, photographs, pets, etc.).and the property was located at: (1) Government owned or Government leased housing; (2) military installations (including U.S. Navy bases, U.S. Coast Guard stations, federal property); (3) Temporary housing that the claimant is authorized to occupy in the performance of temporary duty, or in the performance of an authorized temporary military assignment; or (4) An area identified by the Coast Guard as a storage or parking facility AND you were directed by the Coast Guard to store property or park vehicles at the identified area. b. Damage to or loss of personal property while traveling under government travel orders; c. Damage to or loss of personal property during the performance of your duty to save lives, to assist people during a declared public disaster or to assist in quieting a civil disturbance; or 19

22 d. Damage to or loss of personal property during use that is necessary for the performance of official duties AND at the express direction or request of a superior authority. 3. To file a damage claim with the U.S. Coast Guard the following forms are required: a. CG-4112 and CG-4l11 (page 2 only) needs to be completed by the claimant, authorized agent or legal representative. You need to attach proof of ownership (i.e. vehicle registration; vehicle title, bill of sales; receipts) AND proof of damages (i.e. photos; insurance policy; repair or replacement estimates). b. CG-4112A needs to be completed by the Investigating Officer (i.e. assigned by claimant's Command or JAG) and endorsed by the claimant's Command. 4. If your property is covered by private insurance: You need to file with your insurance company before filing a damage claim with the Coast Guard if the damaged or lost property was covered by insurance. You may then file a damage claim with the Coast Guard for any damage or loss not covered by your insurer. However, you may file an initial claim with the Coast Guard for your insurance policy deductible. You are responsible for repaying to the Coast Guard any amount you recover from your insurer (including the deductible) that was paid to you by the Coast Guard. 5. If you did not own the damaged or lost property: You may file a damage claim with the Coast Guard for damaged or lost property that you did not own if you exercised "dominion and control" over the property at the time of the damage or loss (i.e. you had possession of the property; you had regular access to the property; or you paid the insurance premiums). You must first file a claim with your insurer if the property was covered by insurance. For example: the car driven by a member/employee on a regular basis as their primary means of transportation for which they paid the insurance premiums, but was owned by the claimant's parents. 6. Amount paid by the U.S. Coast Guard: Damage claims are paid on the depreciated va1ue of the cost of the damaged or lost personal property. The law imposes a maximum amount that can be paid to a claimant. It also sets a maximum payment per claim for certain categories of property. 7. Questions or Additional Information: Please call the LSC for more information, or talk to the onsite U.S. Coast Guard JAG Officer or Legal Assistance Attorney. 20

23 Hurricane Property Claim Tips (CG Leased Property) 1. Before you visit your damaged CG leased residence -- Talk to CG claims officials about the claims process. Ask specifically about what the government does and does not cover, especially if you have your own insurance. -- Try to compile an inventory of personal property which you left behind when you evacuated (if you evacuated). Make a separate list of the contents of each room using memory, notes, photographs, videotapes, etc., to compile your lists. If is usually easiest to start with large or expensive items in each room and work your way down to small, inexpensive items. It is just about impossible to remember everything, but be as complete as you can: these lists will help you later. 2. You visit your damaged residence -- If the Hurricane destroyed the leased dwelling or rendered it uninhabitable, the CG lease automatically terminated, so the dwelling is the responsibility of the owner. However, you may want to secure the dwelling as much as possible to prevent further loss or destruction of your personal property. Otherwise, you may want to remove any of your property which is salvageable. It is probably best not to count on too much help from the landlord due to construction material shortages. -- Based on the inventory lists you have started, compile a room by room list of property which has been lost, damaged or destroyed by the hurricane. Take photographs or videotapes of the damaged rooms and their contents to help you sit down later and compile your lists. Make copious notes about items which are lost, damaged or destroyed. -- If CG claims officials are on site, point out any high cost items you intend to claim (if they are still there). 3. After you visit your residence -- Finalize your lists of lost, damaged or destroyed property. -- Document the value of the goods to the best of your ability. Use receipts if available. Otherwise, use your memory or catalogs with equivalent items to establish the va1ue of your property. Visit stores outside the hurricane zone to check prices. Note: It may cost more to replace the lost property than you originally paid. Establish both amounts when possible, especially for expensive items. 21

24 -- Talk with CG claims officials about your claim. In particular, determine whether you will be reimbursed for actual cost or replacement cost. Also inquire whether you have to depreciate the value of your property due to age, condition, etc. such as broken glass or spoiled food. 4. Assemble required documentation The following documents will be required and should be completed/obtained as soon as practicable: a. CG-4112, Personal Property Claim, which can be obtained at b. CG-4111, Demand on Carrier/Contractor, which can be obtained at Complete only block 23, items b, c, e, and f. For lost or spoiled food items, no itemization is required for a claim of less than $200. c. Estimates of replacement or repair if over $ Two estimates if over $ d. Copy of private insurance policy covering the property or certification that insurance does not cover the loss. e. Proof of ownership and value (purchase receipts, credit card receipts, photos, statements, etc.) f. If another person is filing the claim on behalf of the member or civilian employee, a power of attorney is required. 5. Claims payment Claims payment will be primarily by electronic funds transfer into individual bank accounts. In exceptional circumstances, an immediate cash payment of up to $2,000 may be authorized. This immediate cash settlement will be offset against any ultimate settlement. 1. General Information Steps to Be Taken By Potential Claimants Military Personnel residing in government owned or government leased quarters, members residing in BEQ/BOQs, and Government employees whose property was located on a military installation, may file a claim against the U.S. Government for loss of, or damage to, personal property. However, if you have private insurance that covers the loss, you must first file a claim with your insurance company. This also applies to motor vehicles. The following insurance companies can be contacted by telephone at the numbers indicated below: State Farm: Nationwide: Allstate: Travelers: ITT Hartford: AIG:

25 Liberty Mutual: USAA: Metropolitan: USF&G: (410) Foremost: Erie Insurance Group: GEICO: Mitigate Damages Take reasonable steps to prevent further damage to your property. Cook or consume food that is likely to spoil. If possible, dry out water soaked items to prevent mildew. If carpeting is wet, clean with a wet vac or a carpet cleaner that extracts water if feasible. Rewash wet clothes to prevent mildewing. Do not leave wet clothes, blankets, etc. in boxes, drawers or hampers. Elevate furniture to get it out of standing water. Retain damaged property until it has been inspected by an investigating officer or claims settlement officer, unless retention would be hazardous, such as broken glass or spoiled food. 3. Assemble Required Documentation The following documents will be required and should be completed/obtained as soon as practicable: a. CG-4112, Personal Property Claim ( b. CG-4111, Demand on Carrier/Contractor ( Complete only block 23, items b, c, e, and f. For lost or spoiled food items, no itemization is required for a claim of less than $200. c. Estimates of replacement or repair if over $ Two estimates if over $ d. Copy of private insurance policy covering the property or certification that insurance does not cover the loss. e. Proof of ownership and value (purchase receipts, credit card receipts, photos, statements, etc.) f. If another person is filing the claim on behalf of the member or civilian ;employee, a power of attorney is required. 4. Claims Payment Claims payment will be primarily by electronic funds transfer into individual bank accounts. In exceptional circumstances, an immediate cash payment of up to $2,000 may be authorized. This immediate cash settlement will be offset against any ultimate settlement. 23

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27 Filing a Flood-Insurance Claim To file a claim under the National Flood Insurance Program, call the insurance agent who sold you your basic homeowners policy. He or she likely is the one who sold you the separate flood insurance policy. If you re among the one-in-ten who bought coverage from another source, you can file a claim by calling the NFIP toll-free at If you have damage from rising water, as opposed to wind-driven rain, and you're not covered by a federal flood insurance policy, help still may be available - if the president issues a disaster declaration for your area. To see if you can apply for assistance from the federal government, call toll-free at or visit FEMA Grant Requirements, Restrictions, and Tax Consequences FEMA has made available two types of initial emergency assistance available to eligible disaster victims. The first type is a $2000 Initial Emergency Payment. The second type is a $2358 Transitional Housing Assistance Program Payment. The $2358 Housing payment should only be used to pay emergency housing needs, if you choose to accept this money but do not need it for housing because you are receiving BAH, you may have to return the money at a later time. Statutory and Regulatory References 42 U.S.C. 5174, Federal Assistance to Individuals and Households 44 C.F.R , Federal Assistance to Individuals and Households 44 C.F.R , Housing Assistance 44 C.F.R , Financial Assistance to Address Other Needs Applicant's Guide to the Individuals & Households Program, FEMA IRS Disaster Relief Payments Publication 547, page 11 Initial $2,000 Payment FEMA relief programs can give an evacuee up to $26,200 for the emergency needs of food, shelter, clothing, personal items and medical conditions. Soon after the Katrina/Rita disasters, FEMA expedited evacuee checks of $2,000 as an initial emergency payment. Most of the people who received the $2,000 checks also will get a Transitional Housing Assistance Payment. Through FEMA, the U.S. Department of Home1and Security has dramatically streamlined its procedures to urgently expedite these payments of$2,000 per household to help pay for the emergency needs of food, shelter, clothing, personal necessities and medical needs. These $2,000 payments are just an initial emergency payment drawn down by those eligible for FEMA assistance. Individuals calling in or going online need only register once, as this triggers both the expedited assistance and any further assistance for which they are eligible. The maximum assistance per household through FEMA is $26,

28 Transitional Housing Assistance Program $2,358 per household, as an initial payment for three month's rental assistance, and may be extended for qualifying applicants for up to 18 months. This initial payment is calculated based on the average fair market rent rate' for a two-bedroom unit nationwide. During the recertification process, FEMA may adjust the relevant fair market rate for the location and family size of each eligible household. NOTE: This advice is general and not binding on any Federal, State or Local agency. and the individual circumstances and facts of each applicant will impact the FEMA entitlement analysis and result. This payment is portable and may be applied to transitional housing costs for any location to which you choose to relocate. If approved, the funds will be electronically transferred to your bank account or a check mailed via the U.S. Postal Service. The $2,358 is included in the calculation of total benefits for which you may be eligible ($26,200). This amount may cover only a portion of the total assistance that you need. After going through the normal eligibility process you may receive additional payments of assistance. Am I eligible for Transitional Housing Assistance? You may be eligible if: You are a resident of certain Louisiana counties impacted by the hurricane. You have been displaced by the hurricane, and You do not have the means of identifying damage to your property or are unable to provide immediate documentation. How do I get Transitional Housing Assistance? Register with FEMA online at Or call FEMA (3362). Or call TTY for people with speech or hearing disabilities. FEMA will determine if you are eligible. 26

29 How can I spend the money? In addition to the payment, you will receive a letter describing specific program rules and guidelines on eligible uses of funds. As with all FEMA payments, you must keep receipts or bills for 3 years to demonstrate how all of the money was used in meeting your housing needs. Transitional Housing Assistance is designed to meet emergency needs and should be spent on renting a housing unit appropriate to the size of your household. If you do not use the money as explained by FEMA, you may not be eligible for any additional help and may have to give the money back. It does not have to be repaid. It is not counted as income or a resource in determining eligibility for welfare, income assistance, or income-tested benefit programs funded by the Federal government. It is exempt from garnishment, seizure, encumbrance, levy, execution, pledge, attachment, release, or waiver. The money may not be reassigned or transferred to another person. NOTE: This advice is general and not binding on any Federal, State or Local agency, and the individual circumstances and facts of each applicant will impact the FEMA entitlement analysis and result. Longer Term FEMA Assistance Requirements To receive money or help for "Housing Needs" that are the result of a disaster, all of the following must be true: Your home is in an area that has been declared a disaster area by the President. You have filed for insurance benefits and the damaged to your property is not covered by your insurance. You or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien. The home in the disaster area is where you usually live and where you were living at the time of the disaster. You are not able to live in your home now, you cannot get to your home due to the disaster, or your home requires repairs because of damage from the disaster. 27

30 To receive money for Other than Housing Needs that are the result of a disaster, all of the following must be true: You have losses in an area that has been declared a disaster area by the President. You have filed for insurance benefits and the damage to your property is not covered by your insurance. You or someone who lives with you is a citizen of the United States, a non-citizen national, or a qualified alien. You have necessary expenses or serious needs because of the disaster. You have applied for assistance from all other sources for which you are eligible, such as insurance proceeds or SBA loans. You may not be eligible for money or help from FEMA if: You have other, adequate rent-free housing that you can use (for example, rental property that is not occupied). Your home that was damaged is your secondary or vacation residence. Your expenses resulted only from leaving your home as a precaution and you were able to return to your home immediately after the incident. You have refused assistance from your insurance provider(s). Your only losses are business losses (including farm business other than the farmhouse and self-employment) or items not covered by this program. The damaged home where you live is located in a designated flood hazard area and your community is not participating in the National Flood Insurance Program. Application Review FEMA representatives will review each application on a case by case basis. Unfortunately, there does not exist a bright line objective test for eligibility, thus decisions may vary depending on who is reviewing the case. If an application for help under IHP has not met the required conditions and has been denied, the member must read the explanation of the denial reason(s) that are listed under the "Determinations" heading the decision letter. If a member believes that his or her case was wrongly decided he or she has 60 days to file an appeal. NOTE: This advice is general and not binding on any Federal, State or Local agency and the individual circumstances and facts of each applicant will impact the FEMA entitlement analysis and result. Allowable Uses of Benefits Financial assistance received from FEMA only covers repair or replacement of items that are damaged as a direct result of the disaster that are not otherwise covered by insurance. Specific authorized uses of FEMA payments are as follows: 28

31 Housing Needs: Money to repair a home is limited to making the home safe and sanitary so that the member can live there. A member may use the money provided for housing needs to repair: Structural parts of your home (foundation, outside walls, roof). Windows, doors, floors, walls, ceilings, cabinetry. Septic or sewage system. Well or other water system. Heating, ventilating, and air conditioning system. Utilities (electrical, plumbing, and gas systems). Entrance and exit ways from your home, including privately owned access roads. Blocking, leveling, and anchoring of a mobile home and reconnecting or resetting its sewer, water, electrical and fuel lines, and tanks. Other than Housing Needs: FEMA and the State may provide financial assistance to individuals and households who have other disaster-related necessary expenses or serious needs. To qualify for this type of assistance an applicant must also: (1) Apply to the United States Small Business Administration1s (SBA) Disaster Home Loan Program for all available assistance under that program; and (2) Be declined for SBA Disaster Home Loan Program assistance; or (3) Demonstrate that the SBA assistance received does not satisfy their total necessary expenses or serious needs arising out of the major disaster. Types of assistance: (1) Medical, dental, and funeral expenses. FEMA may provide financial assistance for medical, dental and funeral items or services to meet the disaster-related necessary expenses and serious needs of individuals and households. (2) Personal property, transportation, and other expenses. FEMA may provide financial assistance for personal property and transportation items or services to meet the disaster-related necessary expenses and serious needs of individuals and households. FEMA may provide financial assistance for other items or services that are not included in the specified categories for other assistance but which FEMA approves, in coordination with the State, as eligible to meet unique disaster related necessary expenses and serious needs of individuals and households. Eligible costs: (1) Personal property. Necessary expenses and serious needs for repair or replacement of personal property are generally limited to the following: 29

32 Clothing; Household items, furnishings or appliances; Tools, specialized or protective clothing, and equipment required by an employer as a condition of employment; Computers, uniforms, schoolbooks and supplies required for educational purposes; and Cleaning or sanitizing any eligible personal property item. (2) Transportation. Necessary expenses or serious needs for transportation are generally limited to the following: Repairing or replacing vehicles; and Financial assistance for public transportation and any other transportation related costs or services. (3) Medical expenses. Medical expenses are generally limited to the following: Medical costs; Dental costs; and Repair or replacement of medical equipment. (4) Funeral expenses. Funeral expenses are generally limited to the following: Funeral services; Burial or cremation; and Other related funeral expenses. (5) Moving and storage expenses. Necessary expenses and serious needs related to moving and storing personal property to avoid additional disaster damage generally' include storage of personal property while disaster-related repairs are being made to the primary residence, and return of the personal property to the individual or household's primary residence. Accountability of Use The money received from IHP for "Housing" and "Other than Housing Needs" must be used for eligible expenses only. Also, the money may not be reassigned or transferred to another person or used for staying with family or friends or for paying their utilities. You must keep receipts or bills for 3 years to demonstrate how money was used in meeting your disaster-related need. IF the money is not used for eligible expenses, you may not be eligible for any additional help and may have to give the money back. Other Sources on Relief Generally, FEMA disaster assistance will not be provided when or your needs have been met by another source. However, even if you receive additional benefits from another source you may 30

33 keep your FEMA benefits as long as you can document (with receipts) that the FEMA money was also used to pay eligible expenses. If at any time you find yourself with extra FEMA money because of receipt of benefits from multiple sources, with no expectation of needing it for eligible expenses in the immediate future, it is best to be safe and send the unused FEMA money back. If you need to return any unused portion of an award, please send a personal check or money order to: FEMA P.O. Box Atlanta, GA If returning an actual Treasury check, send to: Department of Treasury P.O. Box Austin, TX Taxable and Non-taxable Disaster Payments/Benefits Post-disaster relief grants received under the Disaster Relief and Emergency Assistance Act are not includable in your income if the grant payments are made to help you meet your necessary expenses or serious needs for medical, dental, housing, personal property, transportation or funeral expenses. However, you may not also deduct casualty losses or medical expenses that are specifically reimbursed by these disasters. You can exclude from income any amount you receive that is a qualified disaster relief payment. A qualified disaster relief payment is an amount paid to you: To reimburse or pay reasonable and necessary personal, family, living, or funeral expenses that result from a qualified disaster. To reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation of your home or repair or replacement of its contents to the extent it is due to a qualified disaster. By a person engaged in the furnishing or sale of transportation as a common carrier because of the death or personal physical injuries incurred as a result of a qualified disaster. By a Federal, state, or local government or agency, or instrumentality in connection with a qualified disaster in order to promote the general welfare 31

34 Duty to Mitigate Damages Question: In Virginia, does the injured party have a duty to mitigate his damages? Is that duty affected by any civil order to evacuate, military orders requiring the injured to be out of the area (thereby precluding any opportunity to mitigate) or other circumstances which may hinder the insured's ability to mitigate his/her damages? Answer: Under Virginia law, a non-breaching party must take reasonable steps to avoid or mitigate the consequences of a breaching party s actions. See Haywood v. Massie, 188 Va. 176, 49 S.E.2d 281 (Va. 1948). That means you must make reasonable efforts to decrease your damages when you are injured, or when you otherwise might need to file an insurance claim. Obviously you cannot do something you know might increase the amount of your damages if you intend to file an insurance claim. For example, if you know your vehicle is totaled, and the insurance company offers you a full settlement for the undisputed value of the vehicle, you cannot claim money damages for rental car. You have failed to mitigate damages. On the other hand, continuing with that example, if you drive a damaged vehicle to the repair shop, reasonably believing it will decrease the cost of repairs, but instead it increases the cost of repairs, you still can claim reimbursement for the full amount of the damages. Even though you actually increased your damages, if you exercised reasonable efforts to decrease the damages, your actual damages cannot be decreased. The same duty to mitigate applies if you are evacuated and away from your residence, preventing you from taking any actions to decrease your damages. All that is required is that you take all steps reasonably possible to prevent further damage. You are not required to take extraordinary or impractical measures but only what is reasonable under the circumstances. For example, if you are away from your residence and unable to take steps to prevent growth of mold or other hazardous substances on the premises, it is very unlikely you would be held responsible for any increase in damages that result from the growth of the mold, even if reasonable steps could have been taken to prevent the growth. 32