DISASTER LEGAL ASSISTANCE

AN OVERVIEW

FOR

LEGAL AID PRACTITIONERS

HANDLING CATASTROPHIC DISASTERS

• Disaster large number of problems

• Legal aid program problems– Office & equipment damage– Staff issues – immediate & longer-term

• Client problems– Old problems – in far greater numbers– New disaster-related problems

DELIVERING LEGAL SERVICESAFTER A DISASTER

I will discuss:

• Stages in disaster recovery• Setting up a disaster legal aid project• The federal disaster relief management

system, and• Disaster benefits under the Stafford Act

Immediate Concerns

• Program’s two immediate concerns:

– How the disaster has affected its staff, equipment and offices

– How the disaster has affected its clients

Effect on staff, equipment & offices

• Files, office equipment and office itself must be salvaged

• Staff themselves may be disaster victims & will need to address their personal needs first

Assessing Clients’ Needs

• Assess the need for immediate assistance • Assess the type of permanent impact on the

client community• If major impact is to housing:

– Immediate need is disaster housing assistance– Long term need is affordable housing

• If major impact is on jobs:– Immediate need is for disaster UC benefits– Long term need is for economic redevelopment

DISASTER RECOVERY - Three Phases

• Immediate response phase– Information gathering– Advocating for particular assistance– Getting information out to client community

• Individual representation phase– Representing people in disaster assistance claims– Representing people with disaster related legal problems– Advocating for extensions in disaster application deadlines

• Long term advocacy phase– Ensure rebuilding includes affordable housing– Ensure economic redevelopment results in jobs for clients

Immediate Response Phase Dealing with Chaos

• Hard to get places - – Destruction of roads, bridges & automobiles– Lack of public transportation

• Hard to get information out -– Damage to radio & TV stations– Destruction of client radios & TVs

Suggestions

• Establish legal aid outreach intake offices

• Get information to clients through flyers

• Rent, borrow or purchase cell phones, laptops and portable printers

• Look for more permanent office space in the worst hit area(s)

Keep in Mind

• All program staff will need disaster training

• No additional paid staff during initial phase

• Coordination of program’s disaster effort

• Plan for future additional staff

• Obtain support from other legal aid offices and law firms

• Funding sources for additional staff, etc.

Individual Representation Phase

• Disaster assistance benefits – FEMA disaster benefits

• Housing Assistance• Financial Assistance to Address Other Needs

– Disaster Unemployment Assistance– SBA Loans

• Disaster related problems– Landlord/Tenant issues– Contractor disputes– Insurance issues

• Advocating for extensions of deadlines

Long-term Advocacy Phase

• Assisting community toward long term recovery

• Chuck Elsesser will address this topic

FEDERAL EMERGENCY MANAGEMENT SYSTEM

Declaration of Disaster

• Governed by Stafford Act 42 USC 5122• President declares at request of Governor• If disaster is declared, possibility of full

range of assistance

Designation of Types and Areas of Assistance

• Presidential declaration sets out– Disaster impacted area– Types of disaster assistance available

• Governor may request that– Additional types of assistance be provided– Additional areas be declared disaster areas

Roles of FEMA, State, SBA & Voluntary Agencies

– FEMA coordinates all assistance– Voluntary agencies provide

• Emergency relief• Relief in situations not covered by federal & state aid

– State administers• Disaster Food Stamps• Disaster Unemployment Assistance• Disaster Crisis Counseling

– FEMA administers• Disaster Housing Assistance• Financial Assistance to Address Other Needs

– SBA administers Disaster Loan program

Federal Administrators

• Federal Coordinating Officer (FCO) coordinates all relief activities – appointed by President

• Disaster Recovery Manager (DRM) performs assigned tasks

• FCO & DRM can be same person

State Administrators

• State Coordinating Officer (SCO) coordinates state & local relief activities with FEMA – appointed by Governor

• Governor’s Authorized Representative (GAR) administers federal disaster assistance programs on behalf of state and local governments

• SCO & GAR can be same person

Disaster Field Office and Recovery Centers

• Disaster Field Office (DFO)– Local headquarters for FEMA– May house SBA and state agencies working on

disaster relief– DFO is generally office to contact to

• Advocate for clients• Regarding systems issues

• Disaster Recovery Centers (DRC’s)– Application centers for disaster benefits (FEMA, DUA,

etc.)– Only in existence during application period– May be moved as determined by FCO

Disaster Assistance Applications

• FEMA application process– One-Stop Shopping– Initial interview by FEMA via telephone– Application is mailed to applicant, who must sign it– Applicant referred to other programs such as SBA loan program

• Benefit application deadlines– Generally, must apply within 60 days of Declaration– Exceptions

• Disaster UC must be applied for within 30 days• Disaster Loans deadline is in disaster declaration• Disaster Food Stamps deadline as established by USDA

• All application deadlines may be extended by FEMA– Should be requested by the Governor’s Authorized Representative– Extensions must be approved by the FEMA Regional Director or DRM

Home Inspections

• FEMA must inspect the homes of all applicants to determine:– If the home can be lived in– The extent of damage to personal property

• The application & inspection report are the only documents FEMA uses to make determinations of eligibility

SETTING UP A LEGAL AID DISASTER PROJECT

• Three focus areas– Getting to know & working with the players– Advocating ASAP for emergency and other

programs that benefit low-income people– Ensuring information & services are provided

to low-income people

Basic InformationFLS will obtain:• Name & contact information for:

• FCO & DRM• SCO & GAR• Coordinating lawyer for YLD of ABA• State officials responsible for Disaster Food Stamps & Disaster UC

• Copy of the declaration of disaster & any amendments

The local legal aid programs will obtain:• Name & contact information for:

• Local DCF officials responsible for Disaster Food Stamps & Disaster Crisis Counseling

• Local AWI official responsible for Disaster UC• Local public housing official overseeing disaster response re: public

housing

Information in Declaration of Disaster

• Incident period - losses must be sustained during incident period

• Types of assistance provided• Geographical area of disaster

Information from Local Survey

• Destruction/damage to low-income housing• Whether grocery & convenience stores closed• Destruction/damage to large employers• How long electricity interrupted & in what areas• Automobile destruction & passability of roads• Whether newspapers delivered and radio & TV

stations broadcasting

Information from Officials

• Types of discretionary benefits provided, e.g., Disaster Food Stamps, Section 8 vouchers

• Eligibility criteria for discretionary programs • Deadlines for applying for discretionary

programs• How benefits will be publicized• Where people can apply• How benefits will be distributed

Advocating for Programs

• Immediate Issues:• Emergency Food Stamps• Extension of Disaster UC benefits application

deadline (30 days)

• Additional programs:• Mobile home program

– Work with FLS to advocate through Governor’s office – Intervention by federal legislator(s) may help

Ensuring Low-Income People Get Information

• DRC’s– Contact FEMA DRC Coordinator & visit DRC’s– Location of DRC’s should be accessible to low-

income people– Language issues (number & training/skills of FEMA

translators)

• Is FEMA publicity likely to reach low-income people?

• Look at ads to ensure they address the needs of low-income people

Getting the Word Out

• Legal aid offices should also get the word out using:– Public service announcements– Flyers with application deadlines, types of programs,

etc.– Info re: Mobile home program– Pamphlets & FAQ’s– Disseminate at shelters, mass feeding sites, DRC’s,

via community & volunteer agencies & churches– Use volunteers

OUTLINE OF DISASTER BENEFITS

• Disaster Food Stamps

• Disaster Unemployment Compensation

• FEMA Disaster Benefits– Disaster Housing Assistance– Financial Assistance to Address Other Needs

• SBA Disaster Home Loans

Food Stamps

• Three kinds of food stamps after disaster:– Expedited – when individual or family is

destitute– Replacement – for participants in FS program,

when their food is destroyed– Disaster Food Stamps – for disaster victims –

eligibility criteria developed for each disaster

Food Stamp Advocacy

• Need to advocate for replacement and disaster Food Stamps– Local legal aid program will obtain

background information to support issuance– FLS will contact USDA– Local legal aid program will work with local

DCF agency– Look at publicity and distribution plan to

ensure low-income people will benefit

Disaster Unemployment Assistance (DUA)

• Eligibility:• Anyone unemployed as a result of the disaster

who is not eligible for ordinary UC• Examples:

– Lost a job (even if had not started)– Cannot get a job– Cannot work because of disaster injury– Applicant has become family breadwinner because

head of household died during disaster• Limited to 26 weeks following declaration• Must file application within 30 days of disaster

DUA Advocacy Issues

• 30-day application deadline can & should be extended

• Look at publicity to ensure low-income people will know about this benefit

FEMA Disaster Benefits

• Disaster Housing Assistance

• Financial Assistance to Address Other Needs

Disaster Housing Assistance

• Four types– Rental assistance – most frequently provided– Mobile homes– Repair of owner-occupied housing– Replacement of owner-occupied housing

• Eligibility– Home destroyed, rendered uninhabitable, or made inaccessible– Housing assistance not covered by insurance

• Assistance provided– Most frequently provided is rental assistance– Must advocate for mobile homes– Home repair or replacement money

Financial Assistance to Address Other Needs

• Types of Assistance– Medical & dental expenses– Funeral expenses– Repair or replacement of certain personal property– Transportation– Other expenses

• Eligibility– Incurred disaster related serious need– Not eligible for SBA loan or SBA loan won’t cover– Not covered by insurance or insurance unduly delayed

• Limitations on assistance– Total amount of FEMA Assistance cannot exceed $25,000

SBA Disaster Home Loans

• Administration & application– Administered by SBA– FEMA screens disaster applications to determine if

they have the ability to repay a loan– If determined ineligible, person is considered for

Other Needs FEMA grant– If not determined ineligible, file referred to SBA &– To qualify for Other Needs FEMA grant

• Person must fill out SBA application & either• Be found ineligible, or• Show that have additional needs not covered by SBA loan

Eligibility & Terms of SBA Disaster Home Loans

• Eligibility– Person must have disaster related need, and– Have the ability to repay an SBA loan

• Limitations & Terms– $40,000 limit on repair/replacement of personal

property– $200,000 limit on repair or replacement of residence– No collateral required for loans less than $10,000– Up to 30 years to repay– Lower interest rates for people who cannot obtain

credit elsewhere