October 8, 2024
As hurricane Milton barrels towers florida – and millions of people are still struggling to recover from Helene – lots of folks seem to be confused about what FEMA can legally do to help the victims. So I wanted to explain it in this video.
Just so we’re clear – everything I’m about to tell you is based on laws passed by congress. Those laws say there’s a lot FEMA can do but what FEMA can *not* do is replace everything you lost. That’s not what FEMA does. FEMA cannot make you whole. FEMA can help supplement your insurance, or help you if you are under insured and help you with immediate needs. They also help local and state governments with their immediate and long term needs which I’ll tell you about in a second.
But FEMA cannot do anything for anybody until a governor declares a state of emergency in the affected areas and the president of the United States approves that disaster declaration. In the case of both Helene and million those disaster declarations were requested by multiple governors and approved by President Biden long before the storms hit. If there is no disaster declaration for your area, then no FEMA money or resources can be spent there.
Now that that’s clear — lots of people have been concerned about whether FEMA assistance is a loan they have to pay back. The answer is no. Generally, FEMA assistance is not a loan. It’s a grant that is not taxable and is not counted as income. However – if you do receive FEMA assistance – you must use it for the disaster recovery needs you say you need it for and you must keep documentation of that. If you don’t use the money for recovery – congress passed a law that says the federal government will require you to pay the money back. Or if you receive FEMA money and then later receive benefits from an insurance company or another grant to cover the exact same expenses you will also have to pay the FEMA money back. If you get a disaster loan from the small business administration – that’s obviously a loan you’ll have to pay back but that’s different than FEMA aid. Does that make sense?
Now –because there are a lot of folks who are not actually victims who want to scam the system and get a hold of this money, congress also requires victims to qualify for FEMA aid. To qualify a victim must be a US citizen, green card holder or specific other type of non-citizen. Migrants who entered the United States illegally are not eligible for FEMA disaster assistance. FEMA must be able to verify the victim’s identity usually through a social security number or other government records. A victims can only qualify for FEMA assistance if the insurance or other form of disaster assistance already received does not meet the victim’s disaster-caused needs, and the victim can only qualify if their necessary expenses and serious needs are directly caused by the declared a disaster.
Let’s take the FEMA housing assistance program as an example. If the roof blows off your house in a declared disaster zone directly because of a hurricane Milton, you have to meet all the FEMA qualifications I just described but then you also have to prove that the disaster-damaged home is your primary residence and you have to prove that you actually own the house. And in that case, FEMA still isn’t going to fully cover the cost of getting you a new roof. Your home owners insurance will have to pony up first and then whatever they don’t cover – FEMA will issue you a grant but only up to a certain amount of money determined by congress. That grant amount differs depending on which program you’re talking about.
Also it’s important to know that it’s not just FEMA that gives aid to victims– other federal agencies show up to help too – I mentioned the small business administration that helps with small business disaster loans, the department of transportation shows up to help local and state governments get their roads rebuilt, the department of energy shows up to help get power up and running. You have to understand it’s not just the federal government out there — local and state agencies are there too with a lot of resources and aid available for victims. The state of florida is a great example of a state that runs like a machine when it comes to disaster preparation, victim assistance and clean up. Not to mention all of the amazing charities that are in these devastated areas doing such great work.
That said – if you are in a declared disaster zone for either hurricane Helene or hurricane Milton, you can apply for FEMA assistance through disaster assistance.gov, or you can call 800 621 3362. If you don’t have access to cell or internet service FEMA personnel are walking around affected areas and are able to sign you up in person.
Read more from FEMA about Helen disaster recovery here.
Read more about FEMA disaster aid available.
Read more about FEMA disaster aid requirements.
