Disaster Dollars: Financial Preparation and Recovery for Towns, Businesses, Farms, and Individuals
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Disaster Dollars - James L. Jaffe, J.D.
Disaster
Dollars
Financial Preparation and Recovery for Towns, Businesses, Farms, and Individuals
James L. Jaffe, J.D.
Copyright © 2015 James L. Jaffe, J.D.
All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of both publisher and author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law. This material is not a substitute for financial, legal or other expert advice.
The author does not approve or endorse any particular agency, organization, program, individual or practice listed in this Manual. The purpose of this publication is to offer knowledge amassed from a range of sources which provide financial information on disasters. This knowledge may be especially helpful to individuals and organizations that develop financial aspects of a disaster plan and respond to the financial needs of disaster victims. The author did his best to verify the accuracy of all information at the time of printing; however, some data may have changed since then. Any omissions or oversights are unintentional and inadvertent.
ISBN: 978-1-4834-2833-8 (sc)
ISBN: 978-1-4834-2832-1 (e)
Library of Congress Control Number: 2015904296
Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.
Any people depicted in stock imagery provided by Thinkstock are models,
and such images are being used for illustrative purposes only.
Certain stock imagery © Thinkstock.
Cover pictures are from FEMA News Photos.
The 2003 Jefferson nickel is a United States Mint image.
Cover by Anne Beekman, F.M.A.
Lulu Publishing Services rev. date: 4/10/2015
Contents
Introduction
Before The Incident
Individual/Family
Cash
Salaries and Wages
Credit, Debit, and Preloaded
Cards
Credit Cards
ATM and Debit Cards
Insurance
Deductibles and Exclusions
Actual Cash Value and Replacement Cost Coverage
Types of Insurance Policies for Homeowners, Renters and Condo Owners
There are some special requirements regarding flood insurance
Increased Cost of Compliance (ICC) Program
Mortgage Payments and Condo Fees
Recordkeeping
Farm/Ranch Agriculture
Farm/Ranch
Cash
Insurance
Federal Crop Insurance
Risk Management Agency (RMA) Insurance
Actual Production History (APH)
Actual Revenue History (ARHH)
Adjusted Gross Revenue (AGRH)
Area Risk Protection Insurance (ARPI)
Commodity Exchange Price Provisions (CEPP)
Group Risk Income Protection (GRIP)
Group Risk Income Protection - Harvest Revenue Option (GRIP-HRO)
Rainfall Index (RI)
Yield Protection
Catastrophic Risk Protection Endorsement (CAT Coverage)
High-Risk Alternate Coverage Endorsement (HR-ACE
Crop Hail Insurance
Basic Hail Insurance Policy
Crop Hail Endorsements
Barn Endorsements (BE)
Companion Hail (CP)
Cotton Wind (CW)
Oklahoma Added Perils (OW)
Reject Coverage (RC)
Sugar Beet Crusting, Freeze, and Wind Endorsement (SB)
Tobacco Wind (with set up) (SU)
Tobacco Theft (TT)
Corn, Seed Corn, and Sweet Corn Wind Endorsement (WE)
Cotton Escalator Buy-Out Option
Replant Exclusion for Corn, Seed Corn, and/or Soybeans
Seed Corn Endorsement
Production Plan Hail Insurance (PP)
Corn and Soybean Replant Endorsement (RG)
Noninsured Crop Disaster Assistance Program
Eligible Producers
Eligible Crops
Eligible Causes of Loss
Coverage Levels
Applying for Coverage
Service Fees and Premiums
Coverage Period
Information Required to Remain Eligible for NAP
Reported Acreage and Production
Providing Notice of Loss and Applying for Payment
Defining a NAP Unit
Information FSA Uses to Calculate Payment
Payment Limitation
2008 Farm Act & the Agricultural Act of 2014 Changes
Supplemental Agriculture Disaster Assistance Programs
Chart: Program Summary
Record Keeping
Production Records
Financial Records
Ownership/Personal Records
National Animal Identification System (NAIS)
Small Businesses
Small Business
General Information on Likely Disasters
Cash
Salaries and Wages
Record Keeping
Paperless Recordkeeping
Check on Fiduciary Bonds
Update Emergency Plans
Insurance
Deductibles and Exclusions
Actual Cash Value and Replacement Cost Coverage
Special Requirements Regarding Flood Insurance
Voluntary Private Sector Preparedness Accreditation and Certification Program
Designation of Preparedness Standards
Other Business Preparedness Resources
Local Government
Local Government
Which Disaster to Plan For?
The Council for Excellence in Government has developed the following Emergency Management Financial Checklist for local governments
1. Include Procurement and Financial Managers in Disaster Planning
2. Relationships
3. Memoranda of Understanding
4. Collaboration - Government Must Work Across Organizational Boundaries
5. Documentation of property and systems
6. Practice, Practice, Practice
7. Recovery
Pre Contract
Mutual Aid Agreements
A. General
B. Pre-Event Written Mutual Aid Agreements
C. Post-Event Mutual Aid Agreements
Eligible Applicants
Cash on Hand
Insurance
National Flood Insurance Program (NFIP)
Hazard Mitigation
Flood Mitigation Assistance Program
Hazard Mitigation Grant Program
Pre-Disaster Mitigation Grant Program (PDM)
Repetitive Flood Claims Program (RFC)
Severe Repetitive Loss Program (SRL)
Increased Cost of Compliance Program (ICC)
Chart: Hazard Mitigation Assistance (HMA) Program Eligible Projects
Chart: Approved Mitigation Plan Requirement for Funding
Chart: Percent of Federal/Non-Federal Share
After the Incident
Federal Emergency Management Agency (FEMA)
Disclaimer
Overview
I. Declaration of a Disaster
A. Local Disaster or State of Emergency
B. Disaster Declaration Process for a Major Disaster
1. State Action
2. Federal Response
3. Action by FEMA
Presidential Declaration of Disaster
1. Human Services (Individual Assistance)
2. Infrastructure Assistance to State and Local Governments and Eligible Private Non-Profit Organizations (Public Assistance)
3. Hazard Mitigation Grant Program for State and Local Governments and Eligible Private Non-Profit Organizations
D. Deadlines for Individual Assistance Programs
E. Denials and Appeals
F. No Duplication of Benefits
G. Sequence for Disaster Aid
H. Cora Brown Fund
1. Disaster Assistance
2. Identification of Candidates for Assistance
II. Who Can Get FEMA Assistance
A. Eligibility for FEMA Assistance
B. Aliens
C. Red Cross or Voluntary Aid
III. Deadlines For Applications
A. FEMA Can Extend the Deadline
IV. How Long Does It Take?
A. To get help from FEMA
B. After The Application is Submitted
V. FEMA At Work
A. Teleregistration and On-Line Registration
B. FEMA Application Process
C. Outreach Teams and Workshops
D. DRCs -- Disaster Recovery Centers
E. DRCs -- Crisis Counseling
F. Individuals and Households Program (IHP)
G. Voluntary Assistance Agencies (VOLAGs) at DRCs Including Legal Services
H. The applicant does NOT have to own a business to apply for an SBA loan
I. Removal of Debris
VII. FEMA’s Inspection, Verification, Recertification and Audit Process Consequences for Misuse
A. Inspections
B. Inspection Reports
C. Audits
D. Appeal Rights
E. Right to an Authorized Representative
F. Final Decision
G. Recoupment
Chart: Sequence of Delivery of Financial Assistance
Individual/Family
Individual/Family
Chart: Application Deadlines for Individual Assistance Programs
Individuals and Households Program (IHP)
Conditions & Limitations of FEMA IHP Assistance
A. Non-discrimination
B. Residency
C. Supplemental Assistance
D. Household Composition
E. Type of Assistance
F. Proper Use of Assistance
G. Documentation
H. Insurance
I. Duration of Assistance
J. Flood Insurance Requirements for Recipients of Federal Disaster Assistance
Initial Application To FEMA For an IHP Grant
A. Application Information
B. Application Deadline -- 60 Days
C. Extenuating Circumstances
D. Mandatory Application for All Available Assistance
E. No Refusal of Other Assistance
F. Only One Application Per Household
G. Applicant Credit Requirements
H. Applicant Collateral Requirement
I. Term of Loan
J. Denial of Benefits
K. Appeal Rights [44 C.F.R. § 206.101(m)]
1. Basic Reasons for an Appeal
2. Inspection Reports
3. Deadlines
4. Right to an Authorized Representative
5. Final Decision
6. Recoupment
Types of Housing Assistance
Information To Support An Application
A. Home Owners
B. Renters
C. To receive money for repair or help with housing needs the applicant must first file a claim under any insurance policy they have
D. If insurance settlement is insufficient to meet disaster-related damage or need
E. Legal Presence Requirement for Disaster Housing Assistance (DHA) Eligibility
Temporary Housing (Homeowners and Renters)
FEMA Housing Portal
Transient Accommodations
Residence in Unsafe Areas
Deadline, Benefit Calculation and Duration
Eligible Renters
Homeowners
Transient Accommodations
A. Purpose
B. Eligibility
Rental Assistance
A. Initial and Continued Rental Assistance
1. Initial Rental Assistance
2. Continued Rental Assistance
B. Eligibility
C. Verification and Documentation
D. Major Reasons for Denials
1. Primary Residence
2. Serious Disaster-Related
3. Insurance Coverage
E. Additional Benefits
1. Security Deposits
2. Essential Furniture
Home Repair Assistance (HRA)
A. Eligibility for Home Repair Assistance
B. Scope of Repairs
C. Deadline, Amount of Grant, Duration
D. Interrelationship with Existing Insurance
E. Interaction With Other Disaster Programs
F. Verification and Documentation
Mortgage Insurance for Homeowners who are Disaster Victims
Renters Personal Property Loans
A. Eligibility
B. Limitations and Conditions
Homeowner Assistance
A. FEMA Outright Grants of Money
SBA Home Disaster Loans (HDL)
A. Eligibility Requirements
B. Amount of Loan
C. Credit Requirements
D. Collateral Requirement
E Flood Insurance Requirement
F. Moving and Storage
G. Limitations on Use
H. Waiting Period
I. Home Loan Refinance by SBA
J. Application Deadline
K. Application Information
L. Contractor’s Estimates
M. Insurance Settlement
N. Relocation Allowance
O. Interest Rate
P. Insurance Requirements
Q. Minimum Monthly Payment
R. Refinancing
S. Mitigation Measures
T. Loan Modifications
U. Additional Information
V. Consequences for Misuse
W. Reconsiderations and Appeals of Declined Applicants
Chart: Home Repair and Replacement Grants and Loans
Other Needs Assistance (ONA)
A. Personal Property (available to both tenants and homeowners)
B. Transportation
C. Medical and Dental Expenses
D. Funeral and Burial Costs
F. Cost Estimates and Other Necessary Expenses
G. Limits on IHP Spending and Duplication of Benefits
H. Calculation of Benefits
I. Inspection Process
Other Housing Assistance
A. United States Department of Agriculture: Rural Development Agency (RDA)
B. Veterans Affairs
C. Department of Housing and Urban Development
D. Section 203(H) Mortgage Insurance for Homeowners
E. Aid to Families with Dependent Children (AFDC)
F. Government Provided Temporary Housing
G. Rural Development Agency
Chart: Overview of FEMA Disaster Individual Assistance Programs Available for Renters and Homeowners
Insurance Payments to Homeowners and Condo Owners [Who gets to keep the money?]
Mortgage Payments During and After a Disaster
Fannie Mae Disaster Assistance
How to Respond in the Event of a Disaster
Freddie Mac Disaster Assistance
Some of the things Freddie Mac can do for disaster victims
Freddie Mac Policies for Major Disaster Declarations
Ginnie Mae Disaster Assistance
Ginnie Mae Policies for Disaster Assistance
FHA Mortgages
Disaster Relief Options for FHA Homeowners
If Your FHA Loan Was Current before the Disaster but Now You Can’t Make Your Next Month’s Payment
FHA Mortgage Insurance for Disaster Victims Section 203(h)
National Student Loan Program (NSLP)
1. Disaster Declared by The President
Loans while in school
Loans in grace
If your loan is in an in-school or graduate fellowship deferment
Loan in repayment
2. Disaster Determined by the United States Department of Education
If you are in school
If your loan is in repayment
3. Other Disasters
If you are in school
If your loan is in repayment
4. For more information about these programs, contact
Disaster Unemployment Assistance (DUA)
In General
A. Unemployed Workers
B. Unemployed Self-Employed Individual
C. Farm Workers
D. Immigration Issues
E. Injured Workers
1. Disaster-Related Injuries
2. Non disaster-Related Injuries
3. Mental Stress
F. Deadlines, Benefit Period
G. Benefit Calculations and Amounts
1. Employees
2. Self-employed
3. Calculating Benefits
H. Proof of Eligibility, Wages and Income
a. Employees
b. Self-Employed
I. DUA Limitations
J. Effect of Traditional Unemployment Insurance Disqualifications
1. Able and Available for Work
2. Voluntary Quit or Termination for Misconduct
K. Denials and Appeals
1. Reasons for Denials
2. Appeals Process
a. First Stage
b. Second Stage
L. Overpayments
Chart: Proof Requirements for the Recertification of Self-Employed Workers and Employees
Disaster Food Stamps
1. Disaster Food Stamp Benefits (D-SNAP)
Chart: Eligibility for SNAP & D-SNAP
a. Eligibility
b. Amount of Benefits
2. Replacement Food Stamps [To Replace Destroyed Food]
a. Eligibility
b. Amount of Benefits
c. Receipt of Food Stamps
3. Expedited Service Food Stamps
a. In General
b. Eligibility
1. Income
2. Families with High Housing Costs
3. Families with Limited Funds
c. Other Requirements
1. Identification/Application Requirements
2. Work Registration and Exemptions
d. Timeframe for Expedited Service Food Stamps
1. Three-Day Processing Deadline
2. Right To Apply at First Visit to the Welfare Office
Chart: Food Stamp Eligibility During a Disaster
Chart: Disaster Supplemental Nutrition Program Income Eligibility Standards and Allotments
Chart: State Information/Hotline Numbers
Emergency Assistance to Needy Families with Children
A. Kinds of emergencies covered
B. Kinds of assistance provided to meet emergency situations
C. Amount of assistance
D. Kinds of services provided to meet the emergency situations
Chart: Public Assistance and Disaster Assistance Programs for Disaster Victims
Supplemental Security Income
A. Eligibility
1. In General
2. Definition of Disability
3. Income and Resources
B. Program Benefit Levels
SSI Emergency Advance Payments
1. Emergency
2. Application Must be on File with SSA
3. SSI Immediate Payment Procedure
a. Critical Payments
b. Immediate Payment -- Same-Day Payments
c. During Disasters
d. Adverse Public Relations Problem
Rural Assistance
Section 502 Loans
Section 504 Loans and Grants
Chart: Summary of Differences Between Section 504 Loans and Grants
Farm/Ranch
Farm/Ranch
Overview
Types of Assistance
Prerequisite to Assistance:
Emergency Farm Loans
Livestock Indemnity Program (LIP) Overview
Livestock Forage Disaster Program (LFP)
Chart: Livestock Payment Rates
Emergency Assistance Program for Livestock, Honey Bees, and Farm-Raised Fish (ELAP) Overview
Livestock Feed Payment Calculations
Orchard and Nursery Tree Assistance Program (TAP)
Emergency Forest Restoration Practices
Emergency Haying and Grazing (This program is authorized on a case by case basis for each disaster.)
Emergency Conservation Program (ECP)
Be so costly to repair that Federal assistance is or will be required to return the land to productive agricultural use.
Chart: Summary of Farm/Ranch Disaster Programs
Income Tax Treatment of Crop Insurance and Crop Disaster Payments
How To Postpone Reporting Of Crop Insurance Proceeds
Business
U.S. Small Business Administration Disaster Loan Program
Overview
Business Physical Disaster Loans
1. Eligibility
2. Verification and Documentation
3. Credit Requirements
4. Collateral Requirement
5. Term of Loan
Economic Injury Disaster Loans
1. Eligibility
2. Verification and Documentation
3. Credit Requirements
4. Collateral Requirement
5. Interest Rates
6. Immigration Status
7. Refinancing
Current Interest Rates
Military Reservist Economic Injury Disaster Loans
Disbursement of Funds
Essential Employee
Substantial Economic Injury
Small Business
Credit Requirements
Collateral Requirements
Interest Rate
Loan Term
Loan Amount Limit
Insurance Requirements
Filing Requirements
Contact
Fisheries Disaster Relief
Money
Objectives
Uses and Use Restrictions
How the Process Begins
Applicant Eligibility
Beneficiary Eligibility
Credentials/Documentation
Application Procedure
Criteria for Selecting Proposals
Only One Positive Determination per Disaster
Award Procedure
Deadlines
Formula and Matching Requirements
Length and Time Phasing of Assistance
Reports
Audits
Records
Regulations, Guidelines and Literature
Range and Average of Financial Assistance
NOAA Regional or Local Office Contacts
NOAA Headquarters Office Contacts
How It all Really Works
Initiating a request for a fishery resource disaster
Necessary Information
The Three Prong Test
Local Government
Government
Cash
First Thing to Do
FEMA
A. Public Assistance: Local, State, Tribal and Non-Profit
Eligibility
Eligible Applicants
Eligible Facilities
Restrictions
Eligible Work
Other federal agency (OFA) programs
Negligence
Special considerations requirements
Categories of Work
Emergency Work
Category A: Debris Removal
Category B: Emergency Protective Measures
Permanent Work
Category C: Roads and Bridges
Category D: Water Control Facilities
Category E: Buildings and Equipment
Category F: Utilities
Category G: Parks, Recreational Facilities, and Other Facilities
Eligible Costs
Reasonable costs can be established through
Debris Removal
Private Property Debris Removal
FEMA Public Assistance Grant Funding for Debris Removal
Costs Must Be Reasonable
Applicant Resources
Mutual Aid Agreements
Documentation
Duplication of Benefits
Insurance Settlements
Salvage Value
Debris Monitoring Roles and Responsibilities
Monitoring Contracts
Reporting Requirements & Performance Measures
Contract Procurement Requirements
Local Governments Reimbursement Program for Hazardous Substance Releases
USDA Emergency Watershed Protection Program
Emergency Watershed Protection Program - Floodplain Easement Option (EWP-FPE)
Environmental and Historic Preservation Special Considerations
National Environmental Policy Act (NEPA)
Clean Water Act
Clean Air Act
Coastal Barrier Resources Act
Resource Conservation and Recovery Act
Endangered Species Act
National Historic Preservation Act
Coastal Zone Management Act
Fish and Wildlife Coordination Act
Wild and Scenic Rivers Act
Executive Orders
Record Keeping
Government Officers Finance Association Recommendations
1. Establish Formal Policies and Procedures for the documentation of disaster-related costs
2. Ensure Adequate Detail to Support Claims
Department of Homeland Security, Office of Inspector General Recommendations
FEMA Forms Governmental Agencies and Non-Profits must utilize
Government Audits After the Grant Has Been Received (and most likely spent)
A. Poor Project Accounting
B. Unsupported Costs
C. Duplication of Benefits
D. Excessive Equipment Charges
E. Excessive Labor and Fringe Benefit Charges
F. Unrelated Project Charges
G. Unapplied Credits
H. Excessive Administrative Charges
I. Poor Contracting Practices
Record Keeping, Audits & Income Tax Issues
Rules to live by
Stafford Act Requirements
Stafford Act regulations relating to financial records
44 C.F.R. 206.4 State emergency plans
Sec. 13.1 Purpose and scope of this part
Sec. 13.20 Standards for financial management systems
Sec. 13.41 Financial reporting
Sec. 13.42 Retention and access requirements for records
Sec. 13.21 Payment
Sec. 13.22 Allowable costs
Sec. 13.23 Period of availability of funds
Sec. 13.24 Matching or cost sharing
Sec. 13.25 Program income
Sec. 13.26 Non-Federal audit
Sec. 13.30 Changes
Sec. 13.35 Subawards to debarred and suspended parties
Sec. 13.36 Procurement
Sec. 13.37 Subgrants
Sec. 13.40 Monitoring and reporting program performance
Sec. 13.50 Closeout
44 C.F.R. § 206.14 Criminal and civil penalties
Single Audit Act [31 U.S.C. § 7502]
Audit requirements
Single Audit Act Regulations and Requirements imposed by the Director of OMB
Chart: Overview of the Single Audit Process
Income Tax Issues
Obtaining Copies of Income Tax Returns
IRS publications and web sites regarding disasters
For Individuals and Businesses
For Tax Professionals
Disaster Assistance Self-Study
For Charitable Organizations
For assistance and additional information, use these resources
Income Tax Aspects of the Emergency Economic Stabilization Act of 2008
National Disaster Relief
IRS answers to disaster income tax questions
Are mitigation payments under Code Section 139 tax free?
Do you have to subtract FEMA payments, such as the $10,000 and $5,200 payments, in arriving at the calculation for your net casualty loss?
How are FEMA Individuals and Households Program
payments treated for income tax purposes?
An individual whose principal residence is damaged or destroyed by a disaster receives a FEMA IHP repair assistance or replacement assistance payment and/or insurance proceeds that exceed his or her adjusted tax basis in the damaged or destroyed principal residence. How is this treated for federal income tax purposes?
Record Reconstruction
Personal Residence/Real Property
Vehicles
Personal Property
Business Records
Locate Unknown Insurance Policies
Living Individual’s Insurance
Deceased Person’s Life Insurance
Credit Reports
a. Legal Authority
b. Incomplete or Inaccurate Information
c. Obtaining a Credit Report
d. Fraud Alert Messages
Consumer Credit Reporting Agencies
Experian
Equifax
TransUnion
Stolen Checks and Checks Using Your Identity
TeleCheck
Cetergy, Inc
Documents
Federal Documents
A. Federal Information Center
B. Social Security Cards
C. Medicare Cards
D. Veterans Administration
E. Citizenship and Immigration Services (USCIS)
Note on Replacing a Green Card
F. Passports and Department of State Documents
Other Records
A. Bank Accounts/ATM Cards
B. Credit Cards
C. Birth, Marriage and Death Certificates
D. Driver’s License
E. Wills
F. Deeds
G. Court Records
H. Food Stamp Identification, Medicaid Cards/Stickers
I. Unemployment Insurance or State Disability
Handy Dandy FEMA, SBA & Farm Service Agency Disaster Forms
FEMA Disaster Assistance Forms
Farm Services Agency Disaster Assistance Forms
SBA Disaster Assistance Forms
Publications Regarding the Economic Aspects Of Disaster Planning, Response & Mitigation
Farmer/Rancher
Farmers’ Guide to Disaster Assistance (Sixth Edition, 2008)
USDA Farm Service Agency Emergency Conservation Program Manual
Emergency Conservation Program Handbook 1-ECP (Revision)
Emergency Forest Restoration Handbook
Livestock Disaster Assistance Programs Handbook
Tree Assistance Program Handbook
Disaster Designations Handbook
Program Appeals, Mediation, and Litigation Handbook
USDA Food & Nutrition Service
Food Distribution Disaster Assistance
EBT Disaster Plan Guide
USDA Rural Housing Service
The Handbook
{HB-1-3550) (called The Field Office handbook
)
FEMA
Are You Ready
Emergency Management Guide for Business and Industry
FEMA 321 Public Assistance Policy Digest
FEMA 322 Public Assistance Guide
FEMA 323 Applicant Handbook
FEMA 325 Debris Management Guide
Hazard Mitigation Assistance Program Guidance Pre-Disaster Mitigation, Flood Mitigation Assistance, Repetitive Flood Claims, Severe Repetitive Loss
Local Multi-Hazard Mitigation Planning Guidance, July 1, 2008
Sample Local Mitigation Plan Scope of Work for Mitigation Grant Application
National Flood Insurance Program Community Rating System Coordinator’s Manual FIA-15/2006
Applicant’s Guide to the Individuals & Households Program
FEMA 9500 Policy Publication
HAZUS-MH [FEMA’s Software Program for Estimating Potential Losses from Disasters]
Small Business Administration
Disaster Recovery Plan, 2012
Social Media sites that can be used before during and after a disaster
Miscellaneous
FEMA Hurricane Response web site
Before a Hurricane
During a Hurricane
After a Hurricane
FEMA Tornado Response and Recovery web site
Before a Tornado
During a Tornado
After a Tornado
FEMA Earthquake Response and Recovery web site
Before an Earthquake
During an Earthquake
After an Earthquake
FEMA Wildfire Response and Recovery web site
Before a Wildfire
During a Wildfire
Surviving a Wildfire
After a Wildfire
Remember Every Nickel Counts
6_a_LULU.jpgAcknowledgments
This Disaster Dollars Manual compiles materials garnered (i.e.: copied) from many federal government and other sources. Without the means to cut and paste material from the sources listed in this manual (thanks to whoever put that option in the Word
software) this Disaster Dollars Manual might not have come into existence. This Disasters Dollars Manual does contain original research regarding present federal program mandates. It is important to thank the individuals and organizations who have contributed to this Disaster Dollars Manual.
Individuals, businesses, farms/ranches and communities are strongly encouraged to localize
the content of this publication as appropriate so that the information better meets the specific needs of the affected population.
In emergency planning one size does not fit all do keep in mind during the preliminary stages of a project your goal. Rank predictions by occurrence, cost, and disruptive ability. First and foremost, PRIORITIZE: rank risks using tiered mitigation, in essence ask yourself if you take care of a big risk will that automatically take care of small risks, or are the risks independent of each other.
Note: Portions of the Disaster Dollars Manual will change with each disaster so update the contents. In particular, all cited legal authorities and web sites should be reviewed for revisions.
Contact the author with requests, comments or suggestions at Disasterdollars@gmail.com
Introduction
Having watched the town I live in (Findlay, Ohio) struggle with the aftermath of a 100 year flood, and continue to struggle several years later, it is obvious that the financial aspects of emergency management demands greater emphasis when planning and responding to incidents
. Thus the concept for this material was born.
The goal of this material is to acquaint the reader with financial preplanning for incidents and disasters, and responding to the financial aftermath of these situations with the goal of lessening their financial impact. As to how much preplanning and response is sufficient, depends upon the individual situation as one size fits all
does not apply in disaster planning and response.
As a friend once said, Sufficient is like effective. You must first ask ‘sufficient for what purpose’. That is, to be sufficient it must be suitable to the purpose, at the time, and under the circumstances since these all vary independently. A life ring may be sufficient for a swimming pool but most of us would expect a lifeboat on a cruise ship. On the other hand, if the ship is going down and I have no lifeboat then, I’ll take the life ring!
This material is divided into sections dealing with individuals, farms/ranches, businesses and local governments.
One thing became very clear in preparing this material and that is; when you have a disaster and are applying for disaster relief funds you must be very persistent and ready, willing and able to follow complex time consuming requirements. In essence you must play well with others while coping with the emotional aspects of a disaster and while involved in a bureaucratic setting.
One point consistently made by all who were involved in with dealing with FEMA during and after a disaster was the lack of continuity in the FEMA decision making process. One town mayor said he thought FEMA plays good cop-bad cop
. Early on in a disaster FEMA staff is supportive, and say good job, that expense is covered
. Then later, during the recovery/remediation period, FEMA staff then says sorry that expense is not allowable
. The upshot is that you must be very careful in fully documenting all that is done, and understand the FEMA process. So one thing you will probably end up doing is making checklists: checklists of things to do, checklists of forms, and checklists of documentation. Checklists, easy to say and often difficult to create. An excellent web site on how to make a checklist is found at: http://www.wmich.edu/evalctr/checklists/
In planning for the economic impact of a disaster¹, weigh the frequency of the loss against the severity of the loss to determine what steps, if any, to take to minimize the loss. There are three basic economic phases to disasters that we are concerned with in this manual. They are, planning for, response to, and rehabilitation from the economic impact of disasters.
002_a_LULU.tifBefore The Incident
Individual/Family
During our day-to-day lives individuals and families seldom, if at all, think about the financial aspects of a disaster. So let’s look at these issues one at a time.
Cash
In a disaster electricity will probably be out, off, or shut down, which means that ATM machines will not work, and stores can’t process debit, credit, and preloaded money cards.
Cash will be king!
In today’s world we seldom pay cash for gas, food, or other purchases works as long as the person from whom we are buying the goods or services will accept our credit card. In a disaster when electric power is down or a computer system is not working, cash is king. Individuals and families should review their emergency needs for a week (including pets) and estimate how much cash is needed on hand to cover that period if forced to evacuate. Keeping that amount of cash in a grab and go
box at home is a smart plan. Thus, should residents have to evacuate during an emergency, they don’t have to worry about whether or not their credit cards are usable. Keeping money in small denominations, ones, fives and tens, is also a wise move. Sometimes emergencies happen when individuals are not home, so they may want to think about keeping some case in their wallet or on their person at all times as an emergency fund. Since public pay telephones are still around keep one or two rolls of quarters for their use is prudent.
Also, cell phones may not be rechargeable due to electrical outages, so keeping an extra cell phone charger in a vehicle is important.
Salaries and Wages
Most of us work for wages. In a disaster if you can’t get to work, or your employer is shut down, what happens to our wages?
Governmental agencies and larger companies generally have written policies regarding when and how employees get paid during a disaster. If employees are on duty during a disaster their employer will pay them. If employees are on restricted stand-by duty, that is they have to remain ready to work and are not free to go about their personal business, their employer will generally pay for that time. If their employer restricts their freedom on stand-by duty during a disaster, and then refuses to pay for that time, they need to check with their state employment agency. But if employees are not on duty during a disaster, the question to ask is will their employer allow the use of vacation and sick time to stay on the payroll. Since there is no standard answer to this question employees need to find out their employer’s policy on these matters.
If an employer does not allow employees to use vacation and sick time to stay on the payroll during a disaster, then employees need to save enough money to pay the bills during the time they expect to be out of work. [See page 172 for Disaster Unemployment Benefits]
Past experience of employees in your community, in your trade or profession, can be used as an indicator of how long they have to wait before being called back to work. Knowing this, employees can plan for the loss of income during a disaster. Saying that employees should have enough money in the bank for this eventuality is easy to say, but putting enough money in the bank to take care of loss of income during a disaster is almost impossible for most of us. Individuals and families should consider other sources of emergency money, credit cards, and short term loans. Whatever you do, planning ahead, especially when living in an area that is prone to hurricanes, floods, storms and other disasters that occur on a regular basis is a wise investment of time.
Credit, Debit, and Preloaded
Cards
Credit Cards
In a disaster there is always the possibility that individuals will lose their wallet or purse along with their credit cards. The loss of a credit card is important and should be reported to the issuing institution as soon as discovered. Keeping a list of credit cards in a grab and go
box, including the card number and the telephone number to report a missing or stolen card is the best proactive practice one can adopt.
Cardholders are contractually liable for debts incurred by the use of the credit card. Credit card users even if authorized to use the card, are not liable for such debts. A cardholder always has actual authority to use the card. As a general rule, a cardholder is not liable for unauthorized use of a credit card.
There is no liability for unauthorized use of a credit card, except where the card is an accepted credit card,
then liability is not in excess of $50. A cardholder is not liable for charges when another person forges the cardholder’s name on a credit card application, and the cardholder knows nothing about the credit card until he or she receives the monthly statement.
If the cardholder reports that a card is lost before the credit cards are used, the card issuer cannot hold him or her responsible for any unauthorized charges.
If a thief uses a credit card before it is reported missing, the most a cardholder will owe for unauthorized charges is $50 per card.
If the loss involves a credit card number, but not the card itself, the cardholder has no liability for its unauthorized use.
ATM and Debit Cards
As with credit cards, keeping a list of ATM cards in a grab and go
box, including the card number and the telephone number to report a missing or stolen card is the best proactive practice one can adopt.
Your liability under federal law for unauthorized use of your ATM or debit card depends on how quickly you report the loss.
IF a cardholder reports an ATM or debit card missing before it’s used without their permission, the Electronic Funds Transfer Act says the card issuer cannot hold the cardholder responsible for any unauthorized transfers.
1. If unauthorized use occurs before the cardholder reports it liability under federal law depends on how quickly the loss is reported.
For example,
a. If cardholders report the loss within two business days after realizing the card is missing, they will not be responsible for more than $50 for unauthorized use.
b. If cardholders don’t report the loss within two business days after discovering the loss, they can lose up to $500 because of an unauthorized transfer.
c. Cardholders risk unlimited loss if they fail to report an unauthorized transfer within 60 days after their bank statement containing unauthorized use is mailed to them; thus losing all the money in their bank account and the unused portion of their overdraft protection.
d. For unauthorized transfers involving only the debit card number (not the loss of the card), cardholders are liable only for transfers that occur after 60 days following the mailing of their bank statement which contains the unauthorized use, and occurs before the loss is reported.
Insurance
Insurance is another way to protect yourself and your assets from loss. But remember insurance comes with a deductible, which is the amount of loss you are personally responsible for before insurance begins to pay.
Basically, insurance is akin to gambling. You are betting that you will have a loss, and the insurance company is betting that you won’t. If the law, your mortgage holder or lender requires insurance then that’s that. But otherwise you need to decide if you should have insurance for a particular risk, put money aside to cover the loss, or do nothing.
Often in a disaster, insurance company staff opens an emergency claims facility at a disaster location to promptly pay policyholders for disaster losses, so they are often the fastest means of obtaining payment for losses. However be cautious when accepting a quick insurance payment, an issue we will discuss in the section regarding insurance issues after a disaster.
One point to check regarding your homeowners insurance policy is whether or not it will pay for living expenses if you are forced out of your home due to a potential disaster, or a disaster declaration by the authorities or actual damage to your home or condo.
Always remember that if you just leave your home or condo because the authorities recommend it, your insurance probably will not cover the expenses associated with your temporary move. But, if the authorities order you to evacuate your residence due to an impending disaster such as flood or storm then your homeowners insurance may pay your living expenses for a limited time. Generally speaking, your homeowners policy will pay living expenses for different lengths of time depending upon if your residence is damaged/destroyed versus if you evacuate due to the authorities ordering an evacuation.
Deductibles and Exclusions
Two key items to take into account when discussing insurance policies are deductibles and exclusions. A deductible is the basic amount of a loss that insurance won’t pay. For example, if you have earthquake insurance and your house is destroyed by an earthquake your policy may pay for the loss of your house except for the first 10% of the loss. You are responsible for that amount, which is called the deductible.
Exclusions, on the other hand, are those events or items that your insurance policy doesn’t cover. So think about how you plan to cover the deductible and exclusions contained in your insurance policy. Do you put money aside on a regular basis to cover out of pocket costs of a loss, or just hope it doesn’t happen? Or hope insurance covers enough of the loss that you can make up the difference with the money you have on hand when disaster strikes.
Actual Cash Value and Replacement Cost Coverage
A homeowner’s and condo owner’s insurance policy covers the cost of replacing items destroyed in one of two ways.
The more common way is by reimbursing the home/condo owner for ACTUAL CASH VALUE (ACV).
Actual cash value is the value of the insured item immediately before it is destroyed. If your TV cost $1,000.00 three years ago and now it’s worth is $200.00, and the cost of a new replacement TV is $800.00, you will get $200.00 (less your deductible) as the actual cash value of the TV. On the other hand, if you have a REPLACEMENT VALUE insurance policy you will be paid the cost of a replacement TV which is $800.00 (less your deductible). But, in no event will insurance pay more than the policy limits.