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1
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- Training for Legal Services and Pro Bono Attorneys in Louisiana
- Prepared by:
- Kate Meiss & Abby McClelland
- Neighborhood Legal Services of
Los Angeles
- Beth Osthimer
- Children’s Defense Fund of
California
- Updated: September 20,2005
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2
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- Red Cross
- Other voluntary relief efforts
- Insurance Proceeds
- SBA Loans for personal and business use
- FEMA benefits
- Welfare benefits
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3
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- Red Cross Provides:
- Shelters
- Other housing for 1-3 months
- Food
- Transportation
- Financial aid—for Katrina victims: call 1-800-975-7585
- Red Cross Missing Persons/Family Links: 1-877-568-3317 go to:
www.katrinasafe.org
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4
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- Laws & Regulations
- Available benefits
- How to apply
- After application
- Advocacy tips
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5
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- Stafford Act: 42 U.S.C. § 5174
- Regulations at 44 C.F.R. §§ 206.110 – 206.119.
- FEMA Applicant’s Guide to the Individuals & Households Program, at http://www.fema.gov/pdf/about/process/help_after_disaster_english.pdf
(also available in Spanish)
- FEMA Helpline: (800) 621-FEMA (621-3362)
- Florida Bar Foundation Manual on Disaster Legal Assistance www.povertylaw.org
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6
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- Contact for policy issues re FEMA assistance programs in Louisiana, and
re YLD/ABA disaster legal assistance in FEMA Disaster Recovery Centers:
- Argean Hicks, 225-339-3769;
- best way to submit policy questions is via email to: argean.hicks@fema.gov
or argean.hicks@dhs.gov
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7
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- IHP replaces old THA and IFG Program
- Two Parts to IHP
- Housing programs
- Other personal needs—replace personal property
- No longer have mortgage assistance
- Expedited Checks of $2,000 were part of IHP
- Total limit of aid from IHP programs = $26,200
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8
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- First look to insurance proceeds, if any
- Rental assistance, alternate housing is available without an SBA
application
- Must take an SBA loan, if able to repay and applying for other personal
needs, housing repairs or replacement
- FEMA refers IHP applicants for assistance to SBA
- FEMA says that they will do “summary” denials (desk reviews) of SBA
loans for low–income
- Unclear if they are in Katrina
- Attorneys have appealed issue of ability to repay an SBA loan
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9
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- Rental Assistance for up to 18 months, or
- Rental Units (temporary)-mobile homes, boats, housing on military bases
- Money to repair damaged homes
- Money to replace destroyed housing
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10
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- Insufficient (or no) insurance coverage
- or can’t get paid in time and agree to repay from insurance proceeds
- But note: Problems with
Hurricane insurance covering flood damage
- Also, FEMA flood bar— “one bite at the apple” (see slide XX)
- Not eligible for SBA loan
- Cannot live in home now, cannot get to home due to disaster, or requires
repairs
- Criteria apply to all IHP housing programs
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11
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- Home is in a declared disaster area
- Household member is US Citizen, LPR, or qualified alien
- Note: All immigrants qualify for emergency non- cash help
(shelter,food, medical care,etc)
- No resource test for these benefits
- Criteria apply to all IHP housing programs
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12
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- Money for rent, transportation, and utility hookups
- Will not pay for security deposit (ask the Red Cross)
- Will not pay utilities that are not part of rent (consider LIHEAP
program)
- Lasts up to 18 months (more if extended by FEMA)
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13
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- Temporary housing units can be supplied by FEMA including:
- Mobile homes
- Units on military bases
- Cruise ships
- Available if home is destroyed or uninhabitable; and
- Cannot use rental assistance (due to housing shortage)
- Lasts up to 18 months (can be extended)
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14
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- Can be terminated from Housing assistance if:
- Have gotten it for 18 months (unless period extended by FEMA)
- Adequate alternate housing is available
- Got into it through misrepresentation/fraud
- Fail to comply with lease/rental agreement
- Do not provide evidence that you are working towards a permanent
housing plan (if no good cause)
- 15 day notice to terminate for unit—tenants have appeal rights; consider
action in state court to challenge
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15
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- If authorized, for Homeowners
- Money to repair home to make it safe and sanitary
- Not to return to pre-disaster conditions
- Only certain acceptable types of repairs
- structural, foundation, water, sewage, heating, cooling
- no cosmetic repairs or changes
- Up to $5,000 (cola)
- Must apply for insurance, but not SBA loan
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16
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- Homeowners
- Can’t afford SBA loan
- Money to repair home up to $26,200 (IHP)
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17
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- Homeowners only—limit is $10,000
- combine w SBA loan-- use as down payment
- Must be approved (usually) by associate director of FEMA
- Money to help homeowner with the cost of replacing a destroyed home
- Not intended to cover the entire cost of home replacement, or to return
home to pre-disaster condition
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18
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- Items or services to overcome a disaster-related hardship, injury, or
adverse condition
- Not to return personal property to pre-disaster condition
- For continued assistance, must document continuing need
- Note total aid for housing & needs is $26,200 (as of 9/15/05)
- Not clear if this is per person or household—assume HH
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19
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- Disaster-related medical and dental costs
- Including durable medical equipment
- Disaster-related funeral and burial costs
- Clothing, furnishings, appliances, tools for jobs, educational materials
- Cleaning and sanitization of property
- Vehicles damaged by the disaster
- Other things approved by FEMA
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20
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- FEMA appears to administer in Louisiana-- apply on line or by phone
- Some states administer FEMA’s IHP through their own Office of Emergency
Services:
- Does not appear that La. administers
- Contact: Governor’s Office of Emergency Preparedness
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21
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- Losses in area declared a disaster area
- Accepted assistance from all other sources (including SBA loans except
for mitigation, rental or direct housing assistance)
- Insufficient (or no) insurance coverage
- Necessary expenses or serious needs due to the disaster
- Household member is US citizen, Legal Permanent Resident, or qualified
alien
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22
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- Available to government and nonprofits to rebuild the infrastructure in
a community
- Roads, hospitals, buildings, non-profits providing needed services
e.g—legal aid offices, hospitals, others
- In Louisiana contact LANO (Louisiana Association of Non-Profit
Organizations www.lano.org) for more information
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23
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- Overview of the public assistance process: http://www.fema.gov/rrr/pa/overview.shtm
http://www.fema.gov/rrr/pa/padescp.shtm
- More detail see the Public Assistance Applicant’s Handbook at http://www.fema.gov/pdf/rrr/pa/apphndbk.pdf
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24
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- Guidance document for determining eligibility for public assistance
- http://www.fema.gov/rrr/pa/9521_3.shtm
- review the questions on form at:
http://www.louisianapa.com/public/forms/pnp.pdf
- To apply for public assistance online, http://www.louisianapa.com/client/submissions/publicAssistance/step1.cfm
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25
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- LANO is working with a special team within the Legislative Auditor’s
Office that is helping non-profits. www.lano.org
- LANO may direct your questions to this team or put you in touch with
them directly.
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26
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- Must take a loan, if available, and applicants wants to get IHP
- If low-income may want to try to get a “summary denial” to avoid delays
with IHP (housing, or other needs)
- Others may want help qualifying for larger SBA loans to rebuild
- Ability to repay can be an issue
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27
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- Personal/Real Property Loans
- For both homeowners and renters
- To repair or replace disaster damages to real property (primary
residence) or personal property
- Up to $40,000 personal property
- If not enough to cover loss –apply for IHP
- Up to $200,000 for homeowners to replace a home
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28
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- For repair or replacement of business real and personal property
- Includes inventory and business equipment
- Available to businesses of any size, including non-profits
- $1.5 million maximum for total loans under SBA’s Business Physical and
Economic Injury
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29
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- For working capital to small businesses and small agricultural
cooperatives to meet ongoing financial obligations
- To assist them through the disaster recovery period
- If Katrina related damage to business inventory or property or for loss
of business
- $1.5 million maximum for total loans under SBA’s Business Physical and
EIDL
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30
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- Loan Terms
- Must show ability to repay
- Collateral for loans over $10,000
- Term depends on ability to repay
- Interest rates from 2.6% to 6.5%
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31
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- Online: www.fema.gov or by phone: (800) 621-FEMA (3362)
- Application form, information needed
- Social Security Number
- Description of disaster-caused losses
- Insurance information
- Location of property
- Telephone contact number
- Get assigned a FEMA application number
- Deadline for applications: 120
days after the declaration (Aug. 29,2005). This deadline is often
extended by FEMA.
- May need “good cause” to apply during last 60 days of application
period
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32
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- Online: www.sba.gov or by phone: (800) 659 2955
- Application deadlines
- Physical loans: October 28, 2005 (check website to see if extended )
- EIDL: May 29, 2006
- For more information: see SBA’s website: www.sba.gov
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33
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- FEMA will USUALLY promptly inspect the property
- Applicant should try to be present
- Must verify ownership and occupancy
- In past disasters there have been problems with quality of inspections
(e.g. “drive-by inspections.)
- Within 10 days of inspection, should get letter with determination
- Will be followed by check if approved
- May include SBA loan application
- Can appeal if denied, or if award isn’t large enough
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34
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- Money must be ONLY be used for intended purpose
- If not, FEMA can recoup
- Keep receipts and bills to document use
- Tax free, exempt from garnishment, etc.
- Continue to go back if needs not met
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35
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- FEMA , state, local and similar benefits
- Whether in cash or in kind
- Should not count as income or resource in any federal “means-tested”
program
- welfare, SSI, Food Stamps, etc.
- See: 42 USC § 5155(d)
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36
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- Written appeal must be postmarked within 60 days of decision letter
- Signed by applicant or by Authorized Representative
- Include the person’s FEMA registration number and disaster number
(listed on the denial letter)
- FEMA uses codes in denial letters. See FEMA’s applicant guide for
explanation of denial codes
- Fax to (800) 827-8112, Attention: FEMA – Individuals and Households
Program
- FEMA should respond in writing within 30 days
- FEMA Decision is Final
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37
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- Keep Receipts!
- Money must be used for intended purpose only
- FEMA can ask for repayment if it is misused.
- Make sure client understands what the benefit money is intended for
- Appeal if necessary
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38
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- FEMA defines a “household” as all
people who lived together in the pre-disaster residence
- A person can be denied housing if another household member has already
applied for or received benefits
- Results in poorest getting no help despite urgent needs
- It will be a problem especially if pre-disaster households are no longer
together
- Advocate that household = people together NOW, not pre-disaster
- Federal advocacy issue--modify for this disaster? FEMA Regional Director
has authority to grant benefits to more than one person in a household
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39
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- Problems with hurricane insurance not covering flood damage- efforts to
address
- Flood Insurance: “One Bite at the Apple”
- An individual can be denied housing help from FEMA if he/she:
- Lived in a flood zone;
- Got FEMA help before in another disaster;
- Was told to buy flood insurance; AND
- Does not carry flood insurance.
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40
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- One member of household must be a U.S. Citizen, an LPR, or a “qualified
alien”
- A "Qualified Alien" includes anyone who has been granted
legal permanent residence ("green card"), refugee or asylee
status, withholding of deportation, conditional entry, parole into the
U. S. for at least 1 year; or a Cuban-Haitian Entrant; or a battered
spouse or child(ren) with a pending or approved spousal petition or
petition for relief.
- Some workers may believe an applicant has to have an Social Security
number or card to be eligible
- Receipt of disaster benefits is NOT public charge
- Eligible for emergency non-cash help (shelter, food, etc)
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41
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- FEMA is forbidden from discriminating on the basis of race, color,
religion, nationality, sex, disability, age, or economic status
- FEMA Equal Rights Officer, (800) 621-3362
- If not resolved, can file written complaint with Office of Equal Rights
within 180 days of the discrimination
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42
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- Unemployment and Disaster Unemployment Assistance
- Re-employment Services
- New jobs through the National Emergency Grant program
- Job Skills Training Benefits
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43
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- State-specific insurance program, so must apply from state where lived
at time of disaster
- How to apply
- Louisiana: (800) 818-7811 (8 a.m.-7 p.m. (CST)) or online at: www.laworks.net
- Alabama: (866) 767-8103
- Mississippi: 1-888-844-3577
- For information on filing for benefits and office locations: (877)
US-2JOBS (872-7811)
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44
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- Cash benefit
- Available for up to 26 weeks
- Should apply for both DUA and regular Unemployment Insurance benefits,
if possible
- Application deadline has been extended to November 30,2005 (was October
7, 2005)
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45
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- Unemployed / self-employed workers who:
- Became unemployed as a direct result of the disaster
- Are not eligible to receive regular UIB from any state
- Or individuals who
- Become the HH breadwinner after head of HH died in disaster
- Become unemployed due to disaster-sustained injury
- Cannot reach their employment due to disaster
- Were scheduled to start work but can't due to disaster
- Unemployed due to the disaster, exhausted UIB before end of 26th
week
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46
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- Within 21 days of filing claim, document:
- If no verification documents available, sworn statement and other forms
of proof ok
- Interim DUA payments can be paid while documentation being gathered
- Feds have relaxed verification (App. U of LSBA manual @www.lsba.org )
- IRS can help get earnings records (866) 562-5227
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47
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- Call (866) 783-5567 (7a.m. – 7p.m.) or (800) 818-7811 (8 a.m. – 7p.m.)
- Apply in person at unemployment office
- Online guidance available at www.laworks.net
- Clients can call (888) LAHELPU (524-3578) or 877-872-5627 (US-2JOBS)
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48
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- New Jobs: DoL has authorized new jobs under national emergency grant
program
- 12 weeks in “humanitarian efforts”, demolition and clean up projects,
and weatherization for low-income
- @ $9.00/hr for up to 40 hours/week (announced as)
- Apply through Job Centers (www.laworks.net)
- 62.1 million dollars to La. For these jobs
- Re-employment services such as: skills
training, job search
help, and career counseling from the existing
job centers
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49
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- DoL has authorized new funds for hard skills training programs in
Louisiana, Alabama, Mississippi, and Texas
- $12 million to train victims for construction, clean up, health care,
security, etc-- to work in recovery efforts
- Short tem credential/certificate programs
- Advocacy: ensure that programs serve low-income clients and train for
living wage jobs
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50
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- Cash Aid
- Food Programs
- Disaster Food Stamps
- Replacement Food Stamps
- New FS rules for evacuees
- WIC
- EBT Issues
- Medicaid & Health Care Programs
- Social Security Programs
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51
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- Family Independence Temporary Assistance Program (FITAP) for parents and
their children –
- call (800) 706-8263 for more information
- Aid to Caretaker Relatives: Kinship Care Subsidy Program (KCSP) for
relatives and children they take care of
- No aid for (non-disabled) adults without children—advocacy issue?
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52
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- Go to a local welfare office
- No picture I.D. should be required
- Can use a collateral contact – friend, relative, minister – to confirm
identity
- If collateral contact not possible, should be able to self-certify (CMMS
press release – Relaxed Eligibility in all Programs (App. Of U Manual)
- Call (888) 524-3578 or (866) 334-8304 for more information
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53
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- United States Department of Agriculture (USDA) has authorized Disaster
Food Stamps
- Application deadline was extended & varies by Parish until Oct. 31,
2005 (was September 15th, originally September 9th)
- Advocate for another extension?
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54
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- Program for new and ongoing FS recipients
- Can be eligible even if over the usual income or resource limits
- Get one month of additional benefits up to maximum for your household
size
- Added to existing recipients EBT card
- New—must apply
- Can use stamps to buy hot (prepared) food
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55
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- Can be eligible even if over the usual income or resource limits
- People who may be eligible include those who, due to Hurricane Katrina,
- Lost a job
- Lost income/wages
- Had damage to their homes
- Have no access to their bank accounts
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56
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- Go to a local welfare office
- No picture I.D. required
- Can use a collateral contact – friend, relative, minister – to confirm
identity
- If collateral contact not possible, should be able to self-certify (See:
App. U of LSBA manual)
- Call (888) 524-3578 or (866) 334-8304 for more information
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57
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- Replacement stamps can be authorized if :
- Usual means of commercial distribution is disrupted
- Means of distribution has been restored
- Money to replace lost food due to disruption in power, etc.
- Not yet authorized? An advocacy issue.
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58
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- People newly eligible for FS
- Eligible for "expedited" help – within 7 calendar days of
application
- Also available for evacuees in areas where Disaster Food Stamps not
authorized
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59
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- Evacuees can be their own household, separate from people they live with
- Usual work/workfare requirements waived
- Get up to 4 months of money, then may be able to transition to regular
food stamps
- Can use stamps to buy hot (prepared) food
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60
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- Go to a local welfare office
- No picture I.D. required
- Can use a collateral contact – friend, relative, minister – to confirm
identity
- If collateral contact not possible, should be able to self-certify
- Call (888) 524-3578 or (866) 334-8304 for more information
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61
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- In addition to food stamps & other food programs
- For low-income pregnant or postpartum women, women who are
breastfeeding, children up to the age of 5
- Gives food coupons,
- counseling, breastfeeding support, and referrals to health care
- New applicants can self-certify identity, residence, income
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62
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- People already getting WIC should call (800) 251-2229 for information on
how and where to use their WIC vouchers
- New applicants should call (888) 524-3578 to apply
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63
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- EBT is a debit card used for benefits
- Problems using EBT card?
- Call (866) 334-8304 or (888) 997-1117
- Lost EBT card?
- Go to any welfare office and ask for a new one. Do not need picture ID
– provide name, SSN, DOB
- Can also call: Louisiana (866) 334-8304
- Mississippi (866) 449-9488
- Alabama (866) 465-2285
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64
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- Ongoing monthly payments
- Survivor's Benefits
- Death Benefit
- Supplemental Security Income (SSI)
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65
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- People on benefits pre-Katrina should receive their monthly payments
- Paper checks: If mail suspended, can pick up from USPS with a picture
ID. Can also go to SSA office and request an "immediate
payment"
- Direct deposit: Should work as normal. If problems, go to SSA office and
request an "immediate payment"
- To find open SSA offices or for more information, call (800) 772-1213
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66
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- For the family of deceased insured workers
- Worker must have had at least 40 earnings credits (10 years of work)
- Available only to certain family members
- Amount of benefits depends on earnings of deceased workers
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67
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- Widow/widower (full benefits at 65, reduced benefits at 60, if disabled,
start at 50)
- Widow/widower of any age, if caring for worker's child (child must be
under 16 or disabled and receiving SS adult child benefits on worker’s
record)
- Unmarried children under 18 (19 if school full-time), or children of any
age if disabled before age 22 and still disabled
- Parents, if age 62 or older and dependent on the worker for support at
time of death
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68
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- Lump sum benefit of $255
- Payable upon death of a person who is insured
- Goes to spouse living with worker at time of death or eligible for
benefits on worker's record
- Goes to surviving children if no spouse entitled, if child eligible for
benefits on worker's record
- If no eligible spouse or child, not paid
- Call (800) 772-1213
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69
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- Cash income to
- People 65+, blind, or disabled
- With limited income & resources
- Must be USC, LPR (some exceptions)
- Do not have to have worked at all
- Start application by calling (800) 772-1213
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70
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- Physical or mental impairment (or combination of impairments)
- Lasts at least 12 months, or until death
- Prevents "substantial gainful employment"
- Determination can take a very long time (average of 26 months), need to
submit detailed medical records
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71
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- For SSI applicants only, not recipients
- If financial emergency
- For applicant found eligible without complete paperwork, or very likely
to be eligible
- Request Emergency Advance Payment (EAP)
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72
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- Publicly funded health centers can provide care
- Person may now qualify for one of the State’s medicaid programs
- Federal government has announced relaxed verification for Katrina
victims (see Appendix U of LSBA manual, www.lsba.org)
- Paper certification is used—not a card—take paper to each provider
- Uninsured may still get medical care at health centers, clinics, etc.
Call 1-888-524-3578.
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73
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- Prior approval is not necessary for hospitalization or dentistry for
Katrina victims
- For all other services must get prior approval
- If a service was granted in the past (e.g. wheelchair, rehab. services
) should approve with no additional verification
- State says making decision on approval within 24 hours
- Contact David Williams if you have a problem with prior approval at:
pdwlaw@ix.netcom.com
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74
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- Victims of Violent Crimes—see LSBA manual
- Workers Compensation—see LSBA manual
- Tax Relief --see LSBA manual
- Federal
- State—refund of sales tax on destroyed personal property
(www.rev.state.la.us)
- Mental Health Counseling Crisis Line: 1-800-273-8255
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75
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- Add Mortgage Assistance to benefits for Katrina
- Eliminate Shared Households Rule—people are being denied housing even
though are now split up (see slide # 38)
- Application form is problematic:
- on line does not have space for “do not know”—e.g. lost car-- must say
yes or no, but may not know yet
- Person may not have a new address, uses old one, then denied because
not an evacuee
- Being told can’t later correct application
- Only taking applications on line and phone only is problematic for
disabled & elderly e.g. nursing home residents
- Summary Denial for SBA
- Ensure at least 18 months of Rental Assistance
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76
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- Expanded Eligibility for Medicaid
- Extend Disaster Food Stamps & DUA Deadlines
- Ensure Relaxed Verification for All Programs
- Reform DUA—increase benefits; make it the primary source not the states’
UIB
- Ensure Access to new Good Job Skills Training for Low–Income clients
- Protect Clean Up Workers from Toxics
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77
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- Mobile Homes in Appropriate Circumstances
- Housing Stock --Replacement of Lost Units
- Use of Section 8
- Right of Return
- Increased Training Opportunities for participants
- Design of “New” New Orleans
- Money for Non-Profits for damage & to replace Lost Offices
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78
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- Driver's License
- Birth certificates
- Immigration documents
- Passports
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79
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- Contact Louisiana Department of Motor
- Louisiana DMV retains all of its driver's license and identification
card photos in a databank
- fill out an application on line and the DMV will compare their
signatures electronically for verification
- takes approximately 72 hours
- http//www.expresslane.org
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80
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- Need to call the Office of Vital Records for home state
- Alabama: (343) 206-5418
- Louisiana: (225) 922-2012
- Mississippi: (601) 576-6876
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81
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- IMPORTANT – advise that immigration office will verify the identity and
immigration status before issuing any documents. If person has criminal
record problems or immigration-related violations, REFER TO EXPERIENCED
IMMIGRATION ATTORNEY for help BEFORE contacting immigration services.
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82
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- Permanent resident card
- Re-Entry permit refugee travel document
- Employment Authorization document
- Ask for form I-765
- IMPORTANT – for a limited time, employers can hire hurricane victims
who can work but do not have verification without penalties from the
federal government. Employers may not know about this
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83
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- Use Insurance proceed first, SBA, then Grant from FEMA
- Companies denying claims due to no flood coverage
- Insurance Commissioner is fighting “no flood” clauses—arguing that the
damage is result of Hurricane
- Some companies forcing folks to sign statement got “flood money” from
FEMA (to avoid paying them)
- Injunction issued in Louisiana
to stop this practice.
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84
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- Governor Blanco has declared that:
- health and homeowner policy holders cannot be denied insurance coverage
due to nonpayment of premiums through a state of emergency period
- This state of emergency was due to end around 9-25-05.
- Governor is expected to extend the period of the emergency
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85
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- Louisiana Dept. of Insurance: www.ldi.la.gov/hurricankatrina,
- (225) 342-5900
- Mississippi Dept. of Insurance: www.doi.state.ms.us, (601) 359-2453
- Alabama Dept. of Insurance: www.aldoi.gov, (334) 241-4141
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86
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- WWW.ProBono.net/LA
- Lawhelp.org/La
- Louisiana Star Bar Association Manual available at LSBA.org—will be
updated on an ongoing basis.
- Florida Bar Foundation Manual on Disaster Legal Assistance www.povertylaw.org
- New National List Serve—contact NLADA.org and/or LSC.org
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87
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- Kate Meiss & Abby McClelland, Supervising Attorney
- Administrative Law Advocacy Group, Neighborhood Legal Services of
- Los Angeles County; 13327 Van Nuys Blvd.; Pacoima , Ca. 90042
- (818) 834 7527; Fax: (818) 896 6647; cell: (323) 428-4903;
- kmeiss@nls-la.org; amclelland@nls-la.org.
- Beth Osthimer, Director, Children’s Defense Fund of California
- 3655 S. Grand Avenue Suite 270, Los Angeles, CA 90007
- (213) 749-4387; Fax: (213)
749-4119
- Bosthimer@cdfca.org
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