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Recovering From Hurricanes and Other Natural Disasters: Your Legal Rights
by: Legal Services Alabama

NOTE: This document was last updated in March 2006.  Should conditions warrant it, it will be updated.

This statement of legal rights in situations that typically arise after a disaster was prepared by Legal Services Alabama, which relied largely on a publication by Legal Services of Greater Miami, but also on information from its own website and those of various federal and state agencies.  This document is intended for information purposes only.  Readers should not interpret the contents as legal advice or legal opinion with respect to any specific facts or circumstances.

If you were affected by Hurricane Katrina and need legal help, call Legal Services Alabama at 1-877-393-2333.

TABLE OF CONTENTS

HURRICANE KATRINA DISASTER AREA

DISASTER RELIEF (FEMA)

PROVING YOUR IDENTITY

HOUSING

INSURANCE

AVOIDING RIPOFFS

BANKRUPTCY

IMMIGRATION

DOMESTIC VIOLENCE & DIVORCE

EDUCATION/SCHOOLS

OTHER FAMILY ISSUES

UNEMPLOYMENT COMPENSATION

FOOD STAMPS

SCHOOL LUNCH AND BREAKFAST PROGRAM

MEDICAID

SOCIAL SECURITY

OTHER PUBLIC ASSISTANCE BENEFITS

GET HELP FROM LEGAL SERVICES ALABAMA

 

HURRICANE KATRINA DISASTER AREA

1. What Alabama counties are in the Hurricane disaster area?

  • Baldwin
  • Choctaw
  • Clarke
  • Greene
  • Hale
  • Mobile
  • Pickens
  • Sumter
  • Tuscaloosa
  • Washington

2. But I heard that there's disaster assistance in other counties?

  • FEMA has designated 12 more Alabama counties for "Public Assistance."
  • This does not give money to individuals or families.
  • In these counties, FEMA only pays governments & some nonprofit organizations.  See http://www.fema.gov/news/eventcounties.fema?id=4825 

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DISASTER RELIEF (FEMA)

1. What kind of benefits does FEMA provide?

  • FEMA's main program for people suffering damage or displacement from a disaster is the Individual and Household Program (IHP).
  • The two parts to IHP are "Housing Assistance" and "Financial Assistance to Address Other Needs."
  • Housing Assistance gives money for homeowners to repair or replace homes.  It also pays rent for people unable to use their homes.  Where people can't rent a place to live, it gives them a mobile home to use.
  • Before 2003, Housing Assistance was called "Temporary Housing Assistance" (THA).
  • Financial Assistance to Address Other Needs ("Other Needs") can pay for many other needs.  These include medical, dental, transportation, moving and storage costs.
  • Before 2003, Other Needs was called "Individual and Family Grants (IFG)."

 2.  How do I apply?

  • You can apply online at www.fema.gov.  Go to the right side of the web page, click to apply online and "register."  Due to high call volume, FEMA urges victims to register online.
  • You can call FEMA at 1-800-621-3362. The phones should be open 24 hours a day, 7 days a week.
  • You can go to a FEMA Disaster Recovery Center and get help filing by phone or online.
  • If you are hearing-impaired, you can call 1-800-462-7585.
  • If you have commercial property, FEMA asks you to wait a few days to call.
  • If you are a homeowner with minor losses, FEMA asks you to wait a few days to call.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property.

3. When do I apply?

  • On or before October 28, 2005.
  • You should first make a claim on your own insurance policy.

4. Am I eligible for Housing Assistance?

  • You must be a U.S. citizen or a "qualified alien."
  • You must show that the disaster destroyed your home or made it unlivable, or that you cannot get to your home because of the disaster.
  • You must own no other house in which you could live.
  • If you have insurance, you must show that you have unsuccessfully tried to get insurance benefits, or that you don't have enough insurance to cover your damages.
  • You must also agree to repay FEMA to the extent that you later get insurance benefits.

5. What kind of Housing Assistance help can I get? 

  • You can get money to cover the cost to rent alternate housing for up to 3 months, but not the money for a security deposit or utilities; or
  • You can get to live temporary rent-free in federal housing.  This is only for up to 18 months, but FEMA can extend it; or
  • You can get money for home repairs; or
  • You can get money toward a new home.
  • FEMA expects you to accept the first housing assistance it offers.
  • If you turn down FEMA's offer without a good reason, you can lose your right to housing assistance.

6. How much help can I get?

  • For home repairs, you can get up to $5100.  If this is not enough to pay for emergency repairs to your home, you cannot get any money for the repairs from FEMA.
  • You can file for a Small Business Administration (SBA) disaster loan for more extensive repairs.
  • If damages to your home were more that $10,000, you can get up to $10,000 toward replacing your home.

7. If I get a mobile home from FEMA, can they take it away?

  • Yes.  After 18 months, you lose the mobile home unless FEMA extends the time period.
  • If other adequate housing becomes available, FEMA can make you leave the mobile home.
  • If FEMA finds you lied or committed fraud, it can take away your mobile home.
  • You can also lose the mobile home if you don't show FEMA that you are working on a plan for permanent housing.

8. Do I have a right to fight the loss of the mobile home? 

  • FEMA has to give you 15 days notice.
  • The notice has to give its reason for wanting you out.
  • The notice has to explain the appeal process.

9. What if I had left my husband, but he filed for Housing Assistance including me?

  • FEMA lets one person tell what people lived in the home before the hurricane.
  • It usually gives one temporary housing residence for all those people.
  • You should tell FEMA that your husband lied, and that you and your children are a separate household.  Then, you should get your own temporary housing.
  • If FEMA does not do this, you can point out that a single household can get a second temporary housing residence if the nature of the household requires it.  Protection from domestic violence should require it.

10. Am I eligible for Financial Assistance to Address Other Needs? 

  • You must have disaster-related necessary expenses or serious needs.
  • You cannot have adequate assistance from other sources, such as insurance and disaster loans.
  • You have to apply for a Small Business Administration (SBA) disaster loan.  You can get help for Other Needs if SBA denies you, or if it doesn't lend you enough money.
  • When you apply for an SBA loan, be careful not to overstate your ability to pay. You do not want to end up burdened by a loan you can't afford. You usually get more help from FEMA if you can't get a loan.

11. What kind of help can I get under the Other Needs program? 

  • Other Needs can cover the following kinds of serious needs for essential items or services:
    • Medical and dental expenses relating to the disaster;
    • Clothing, household items, furnishings;
    • Appliances, tools and equipment required as a condition of employment;
    • Computers, school books, uniforms and other educational materials;
    • Replacement or repair of your car;
    • Public transportation;
    • Moving and storage;
    • Cleaning or sanitizing personal property;
    • Funeral expenses.

12. Will Other Needs benefits affect my eligibility for Medicaid, Food Stamps or other public benefits?

  • No. Other Needs benefits do not count either as income or resources for any income-tested programs supported by the federal government.

13. If I owe a creditor money, can the creditor take my Other Needs benefits?

  • No.  Other Needs benefits are totally exempt under federal law from garnishment.

14. Do I have to be a U.S. citizen to get Other Needs benefits?

  • No.  Most legal residents, refugees, asylees, parolees and Cuban or Haitian entrants can get Other Needs money.

15. How much can I get for Other Needs?

  • It depends on how much you got in Housing Assistance.
  • The total of all the help your household can get from FEMA cannot be more than $26,200. This injcludes Housing Assistance and Other Needs.

16. Am I eligible for Small Business Administration (SBA) loans?

  • To qualify for a loan from SBA, you must show that the hurricane damaged your home or business.
  • You must also show that you have the ability to repay the loan.

17. What kind of help can I get from the SBA loan program?

  • SBA provides low interest loans for repairs.

18.  How can I get in touch with SBA for disaster help? 

19. Can I get additional disaster relief information from FEMA?

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PROVING YOUR IDENTITY

1. I lost my driver's license and other photo ID.  How can I prove who I am?

  • Many agencies will accept your word when you apply for disaster relief.
  • Others will help you get the proof you need.
  • You should also take steps to get a replacement driver's license.

2. How can I get a replacement driver's license or ID card?

  • If you have been displaced from Louisiana, Mississippi or Alabama due to Hurricane Katrina, you can get a replacement Driver License (DL) or Identification Card (ID) by filling in the application form for the state you left.
  • You can pick up a form at any driver's license office.
  • Or, you can get the application form for your state here:
  • Remember, your Department of Public Safety uses your signature as proof of who you are.
  • If you send the form without signing it yourself, you will not get a license.
  • In the "Remarks" section, write down how the agency can reach you. Include all your contact numbers - phone, mobile (cell) phone or pager - if possible.
  • The form asks your reason for being out of state.  Write "evacuation due to Hurricane Katrina."
  • You can mail the application from any state to the Alabama Department of Public Safety (DPS) to this address:

    Alabama Department of Public Safety
    Driver License Division
    c/o Leah Bedsole
    P.O. Box 1471
    Montgomery, AL 36102-1471     OR     FAX the form to 334-353-2009.
  • Alabama DPS will send your request form to your own state's DPS.
  • Your state's DPS will send your replacement license or ID back to the Alabama DPS.
  • You will probably have to make arrangements with Alabama DPS to pick up your license from an office in Alabama. 

3.  How much do I have to pay for my replacement license or ID?

 

  • If the address on the records for your license shows you were in a disaster county, you'll get the replacement free. 

4. I left my Louisiana ID behind and do not want to have to go in to a driver's license office in Alabama. Can I get a replacement on my own?

 

  • Yes. You can apply for a free reconstructed driver's license or ID card by filling out and printing this online application
  • You can also get an application faxed to you by calling 225-925-4195 or 1-877-DMV-LINE (1-877-368-5463).
  • When you call, you must give your full name, date of birth, race, sex, Social Security number, and a "mail to" address.  If you can give a telephone number, that could speed the process up.
  • Be sure to sign the application because DPS compares your signature with the signature in your records as "proof of identification."  Commissioner Hodges of Louisiana says her office will make every effort to process and mail the driver's license or ID card within 72 hours. 
  • Fax the completed and signed application to Louisiana Motor Vehicles at: 225-925-3901 OR 225-925-1937 OR 225-925-6303.

5.  Where can I get more information about proving my identity?

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HOUSING 

A hurricane may destroy your home. Don't let discrimination destroy your chance to get another. Know your rights. Get legal help if you need it.

It's against the law to discriminate in housing because of a person's race, color, national origin, family status, religion, disability or sex.

When looking for housing: 

  • Were you refused housing because of your race, color, national origin, sex, religion, because you have children or have a disability? 
  • Did the landlord require seeing your immigration papers or ask where you were from?
  • Are you charged higher rent or other fees because you have children or you have a disability?
  • Did the landlord or apartment manager harass or intimidate you because of your sex, race, national origin, color, religion, disability or your family status?
  • Were you offered less information than another applicant(s)?
  • Did the landlord say you could not make changes in your housing to allow for your disability? 
  • Are families with children or persons with disabilities limited to only certain buildings in your apartment complex or development?  

When working with home improvement contractors or seeking homeowners insurance: 

  • Was it hard for you to buy homeowners insurance because of the location of your neighborhood? 
  • Were you referred to a particular insurance company because of your credit history?

When getting a home improvement loan:

  • Did you receive a loan with higher interest rates or less favorable terms than promised?
  • Did the lender mislead you or change the terms of the loan?
  • Were you assured that you did not need to get an inspection?
  • Were you referred to a particular lender because of your credit history?

1. I owned a home before Katrina. Can I get help from FEMA to repair or replace it?

  • You must show that the disaster destroyed your home or made it unlivable, or that you cannot get to your home because of the disaster. 
  • You must own no other house where you could live.
  • If you have insurance, you must show that you have unsuccessfully tried to get insurance benefits, or that you don't have enough insurance to cover your damages.
  • You must also agree to repay FEMA to the extent that you later get insurance benefits. 

2. How can I get this help?

  • You can apply online at www.fema.gov. FEMA urges victims to register online. Many people are applying, so you may have trouble applying online. 
  • You can call 1-800-621-3362. The phones are open 24 hours a day, 7 days a week. They stay busy. your best chance to get through is in the early morning or late at night.
  • You can go to a FEMA Disaster Recovery Center and get help to file by phone or online.
  • If you are hearing-impaired, you can call 1-800-462-7585.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property.

3. When do I apply?

  • The deadline for application to FEMA has expired. Applications had to be received on or before October 28, 2005.
  • You should now make all claims on your own insurance policy.

4. How much help can I get to repair my home?

  • For home repairs to let you live in your house safely, you can get up to $5,100.
  • You can get a Small Business Administration (SBA) disaster loan for more repairs.

5. What if my home can't be repaired?

  • If damages to your home were more than $10,100, you can get up to $10,100 toward replacing your home.
  • You may also be eligible to get 100% financing through HUD mortgage insurance.
  • Call FEMA at 1-800-621-3362. 

6. If I owe money to a creditor, can the creditor take my FEMA money?

  • No. The money is totallyexempt from garnishment. 
  • You should make sure your bank knows the money is from FEMA.

7. What if FEMA denies me?

  • You have the right to appeal. Your denial notice tells you how to appeal.  

8. What if I don't like what FEMA offers me?

  • FEMA expects you to accept the first housing assistance it offers.
  • If you have a good reason to turn FEMA down, explain the reason fully.
  • If you turn down FEMA's offer without a good reason, you can end up with nothing. 
  • You have the right to appeal.

9. How can I help make sure I get the help I need from FEMA?

  • Keep a hurricane notebook. Write down your FEMA application control number. List all your calls with the date you called, the phone number, the name of the person you spoke to and what they told you.
  • Whenever you call FEMA, have your FEMA number handy.
  • If you haven't heard from FEMA, call them. Do not submit a new second application. This will only cause problems later. 
  • Save all papers, including rent receipts, leases and all copies of letters to and from FEMA, SBA, IFGP and any other agency.
  • If you can, take pictures of the damage. Get double prints.
  • If the FEMA inspector comes to your home, try to be there. Show or explain to him or her all of your damage. Ask the inspector to write everything down, since a good inspection is very important to support your need for help.

10. Can I get other kinds of help from FEMA?

  • FEMA will give an advance payment of $2,000 to all evacuees who register.
  • FEMA can also help you find a place to live while you repair your home. See Disaster Relief Section Above

11. How can I get a place to live now?

  • Your first step is to apply for disaster relief with the Federal Emergency Management Agency (FEMA). 
  • FEMA can give you money to pay rent. If there is no place you can rent, FEMA can let you live rent-free in a mobile home or other federal property.
  • You can apply online at www.fema.gov. FEMA urges you to register online. Many people are applying, which may give you trouble applying online.
  • You also can call 1-800-621-3362. The phones are open 24 hours a day, 7 days a week. They stay busy. Your best chance to get through is in the early morning or late at night.
  • You can go to a FEMA Disaster Recovery Center and get help with filing by phone or online. If you are hearing-impaired, you can call 1-800-462-7585.
  • Be ready to give your Social Security number, describe your losses, give financial information and give directions to the damaged property. 

12. When do I apply? 

  • The deadline for this program has passed. Applications were due no later than October 28, 2005
  • You should first make a claim on your own insurance policy.

13. What do I need to show?

  • See Disaster Relief Section Above 

14. How much help can FEMA give me?

  • If you were in one of the eight worst-hit counties, you can first get a check or direct deposit for $2,358 to pay three months' rent. Otherwise, FEMA figures your monthly rent assistance.
  • You can go back to FEMA to re-certify. You may then get rent assistance for up to a total of 18 months.
  • No one can garnish your rental assistance money.
  • If you can't find a place to rent, FEMA can give you a mobile home.

15. What if FEMA denies me? 

  • You have the right to appeal. Your denial notice tells you how to appeal.  
  • You may be able to get help from the Department of Housing and Urban Development (HUD.) HUD's Katrina Disaster Housing Assistance Plan (KDHAP) is for people who had been getting housing assistance from HUD, and for people who had been homeless. FEMA should refer you to this program.

16. What help can I get from KDHAP?

  • You can get a voucher that you can use to rent a house or apartment.
  • The Housing Authority should help you find a home for which you can use the voucher.
  • The Housing Authority will inspect the home to make sure it meets HUD standards. 
  • The Housing Authority can also pay your utility deposit.
  • You have to pay your own utilities.
  • Your voucher is good for 18 months.

17. How can I show I qualify for KDHAP?

  • HUD is using its records on people who were getting HUD housing assistance before Katrina.
  • For homeless people, HUD is looking at homeless records from a system called HMIS. HUD is also looking at what you said when you applied for FEMA.

18. If I get a mobile home from FEMA, can they take it away?

  • Yes. After 18 months, you lose the mobile home unless FEMA extends the time period.
  • If other adequate housing comes available, FEMA can make you leave the mobile home.
  • If FEMA finds you lied or committed fraud, it can take away your mobile home.
  • You can also lose the mobile home if you don't show FEMA that you are working on a plan for permanent housing.

19. Do I have a right to fight the loss of the mobile home?

  • FEMA has to give you 15 days notice.
  • The notice has to give FEMA's reason for wanting you out.
  • The notice has to explain the appeal process. You also have rights under Alabama law.

20. What if I had left my husband, but he filed for Housing Assistance including me? 

  • FEMA lets one person tell what people lived in the home before the hurricane.
  • It usually gives one temporary housing residence for all those people. 
  • You should tell FEMA that your husband lied, and that you and your children are a separate household. Then, you should get your own temporary housing. 
  • If FEMA doesn't do this, you can point out that a single household can get a second temporary housing residence if the nature of the household requires it. Protection from domestic violence should require it. Call Legal Services Alabama if you need help at 1-877-393-2333.

21. What if my family was all living together with HUD assistance, but we went different places after the storm? 

  • HUD will give KDHAP help where you are. 
  • HUD can give KDHAP help to others from your family where they are.

22. If HUD denies me KDHAP, can I appeal? 

  • Yes. HUD has not yet decided on the appeal process, however.

23.  My house was damaged, and I cannot live in it.  Do I need If my home is damaged and I can no longer live in it, do I still have to pay my mortgage?

  • Yes.  You must pay your mortgage even if damage keeps you from living in it.
  • However, check with your lender.  Many companies offer a grace period after a disaster.
  • Note that your lender will probably keep adding interest.

24. What if I cannot pay my mortgage? 

  • If you are buying from Rural Housing, you may be able to get a moratorium for six months.
  • You need to show the hurricane made you lose a job or caused severe damage to your home.  See Current Disaster Declarations: Rural Development Disaster Assistance.  Note that many people still call Rural Housing Service by its old name of Farmers Home.
  • Rural Housing buyers may be also be able to get their loans re-done.
  • If you have any kind of FHA or HUD mortgage, you automatically get a 90-day moratorium.
  • If you have any kind of FHA or HUD mortgage, you may be able to get late charges waived.
  • If you got a written foreclosure notice due to financial hardship tied to a disaster, you may be able to get Federal Emergency Management Agency (FEMA) payments to help you with your mortgage payments.  

25. What if I fell behind, but I now have income?

  • If you have income and you want to keep your house, filing a chapter 13 bankruptcy may help.
  • In this type of bankruptcy, the homeowner makes regular mortgage payments and also pays money into court each month toward the mortgage arrears and other back expenses.
  • If you think you may want to file a Chapter 13 bankruptcy, call a lawyer.

26. What if I live in a condominium? 

  • If you live in a condominium or pay any type of homeowner association for maintenance, you must pay your maintenance fees.

27. What if the homeowner association is not fixing common areas or making good repairs? 

  • You still have to pay.  Otherwise, you could lose your house to foreclosure.
  • You should attend the homeowner association meetings to voice your concerns.
  • You should also talk with other homeowners and members of the board about your complaints.
  • A group of you may want to seek legal advice.

28. I have homeowner's insurance, but I was told it will take months for an adjuster to look at my house and longer for a check to be issued.  My house needs lots of expensive repairs.  I'm not even sure I can live there until it's fixed.  Can I get help to fix it?  Can I get help to live somewhere else until it's fixed? 

  • Call your insurance company.  If you have homeowner's insurance, you will most likely be eligible for money for living expenses while you cannot live in your house.
  • Your company may give you an advance payment to cover a part of your loss.

29. What if I don't have homeowner's insurance? 

  • You may be able to get help under the Individual and Family Grant (IFG) program to pay for necessary repairs to essential parts of your home.
  • IFG may also be able to pay for flood damage, which is not covered by regular homeowner's insurance.
  • You may apply for IFG by calling 1-800-621-3362.

30. The apartment I live in is in really bad shape from the hurricane, but the landlord told me that if I want to stay I must pay full rent.  What should I do? 

  • Your landlord may also be hurting until insurance money comes in for repairs.
  • Ask your landlord to reduce your rent until the apartment.
  • You can also ask your landlord to let you move to another unit.

31. What if my landlord won't negotiate? 

  • You cannot force your landlord to reduce the rent.
  • If your apartment is so badly damaged you cannot live there, you may be able to break your lease.
  • Legal Services Alabama can give you information about breaking your lease.  You can go to its website www.alsp.org and get information in the section on "Know Your Legal Rights."  Or you can call our toll-free number: 1-877-393-2333.

32. My apartment is so bad I cannot live in it.  I am going to move. I want my security deposit returned.  What are my rights?

  • If you live in a Rural Housing assisted apartment, you have the right to apply to move into another assisted apartment.  You will get priority.
  • If you  have a written lease, read your lease to see what it says.
  • If you do not have a written lease, or your lease does not say anything about deposits, then you should talk to your landlord.
  • If your landlord does not give you back your security deposit, you can sue for it.
  • Realize that if you sue your landlord, your landlord may counterclaim for rent.

33. All my stuff was destroyed when the roof fell in on the place I rent.  What help can I get? 

  • If you had renter's insurance when the hurricane hit, call your insurance company.
  • If your situation is desperate, let your company know.
  • Your company may give you an advance payment to cover a part of your loss.
  • Read the information in the insurance section of this handout about how to prepare for the adjuster's visit and how to handle your insurance claim.

34. What if I do not have any insurance on my property?

  • If you did not have renter's insurance, see if your landlord's insurance covered your belongings.  It usually will not.
  • If your losses are not covered by any insurance policy, you may be able to get IFG money for replacement of necessary items of personal property.
  • You may apply for these benefits through FEMA at 1-800-621-3362.

35. My landlord told me to move out the next day because he wants the apartment for his daughter who lost her house in the hurricane.  He told me if I wasn't out, he'd change the locks. Do I have to move?

  • Alabama law does not let a landlord just lock you out.
  • A landlord cannot turn off utilities or use any other "self help" means to get you to leave.
  • Instead, the landlord must file an eviction action in court.
  • Your landlord must first give you a written notice to move.
  • Find out more about evictions at the Legal Services website, www.alsp.org and get information in the section on "Know Your Legal Rights."
  • If you get any eviction court papers, you can call Legal Services.
  • If your landlord locks you out, you can call a lawyer about suing your landlord for your damages.

36. Where can I get more information?

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INSURANCE 

1. How can I make sure I get my insurance company to pay?

  • You first have to make a claim.  You may have claims under homeowner's, renter's or car insurance.
  • If any insurance policy may cover any of your damage, call your agent, broker, or insurance company as soon as possible and report your loss.
  • Do this even if you are not sure you have coverage.
  • Do this even if you do not know if your claim will exceed your deductible.
  • Make sure you write down the name of the person you speak to.
  • Also write down the claim number the person you call gives you.
  • You do not have to have a copy of your policy to make a claim.
  • If you had to leave your home, make sure you give your insurance agent an address and telephone number where he can reach you.

2. What if I can't get through to my insurance company over the phone? 

  • Write a letter telling the company about your loss.
  • Make sure to keep a copy of the letter.

3. What if I live in a condominium? 

  • If you own a condominium, you should look at both the coverage provisions in your association insurance policy, and the coverage under your individual unit coverage owner's insurance policy.

4. How do I get an insurance adjuster out to my home to assess the damage? 

  • Ask the insurance company to send an adjuster to look at your property.
  • To protect your rights, you should do this in writing.
  • If necessary, you can call the insurance department for the state where your property is.
  • The number for the Alabama Department of Insurance is 334-269-3550.
  • The number for the Louisiana Department of Insurance is 1-800-259-5300 (toll-free inside Louisiana only).  If you are out of state, call 225-342-5423.
  • The toll-free numbers for the Mississippi Department of Insurance are 1-800-562-2957 (if calling from inside Mississippi); and 1-866-856-1982 (if calling from out of state).

5. What can I do to prepare for the insurance adjuster? 

  • Try to make a list of all property damaged or destroyed.  Make your list as complete as you can.  For each item, include a description, the date of purchase or approximate age, the cost at time of purchase and what you estimate it will cost to replace the item.  Make a copy of the list so you can give your agent one and keep one.
  • Take pictures of the damaged areas.
  • Write down the names, addresses and telephone numbers of witnesses.  It is extra important to get information about anyone who saw damage caused by wind, rather than by flooding or storm surge.
  • Obtain repair estimates.
  • Try to locate original bills, canceled checks and receipts for lost items. Submit copies of these with your claim.
  • Keep a record of your expenses.  This includes what you pay for other housing.

6. What if I cannot wait for the insurance adjuster? 

  • Some insurance policies reimburse you for temporary housing relocation costs while your home is being repaired and for car rental costs while your car is being repaired or replaced.
  • Check your policy or call your insurance company.
  • If your situation is desperate, make sure that you let the insurance company know.
  • If the insurance company agrees you are covered, ask for an advance payment toward your losses.
  • Due to the extreme amount of damage caused by a hurricane, insurance companies may recommend you start repairing the damaged property before the adjuster's visit.
  • You should get the insurance company's permission before doing so.  Do not start repairs before you talk with someone from the company. 
  • Many companies will also give you an emergency advance to cover some repair costs.

7. What if the insurance company offers to pay me some money now? 

  • You should carefully read any release or waiver before cashing any check from the insurance company.
  • Sometimes, the insurance company will make you sign a paper saying the check is the full and final payment of your claim.
  • Some insurance companies are paying some cash up front, but only if you sign a paper saying all the damage was from flooding.  If you sign, you will not be able to collect on a regular homeowner insurance policy, which usually does not cover flooding.
  • The Mississippi Attorney General has filed suit against five insurance companies that are trying to get people to sign papers giving up their rights.
  • If you have any question about the settlement offer, call a lawyer before settling and before cashing a check that is for payment in full.
  • Before you settle with the insurance company, make sure you know the full extent of your damage and the full value of your claim.
  • It may be important for you to get estimates before you agree to a specific amount.  You may even need to get the work completed first.

8. How much should my insurance company pay me? 

  • Read your policy.
  • Most insurance companies will only reimburse you for reasonable cost of repair.
  • If prices quoted for repairs seem too high, get another estimate.
  • Always, try to get your insurance company's agreement before undertaking repairs.
  • Remember that your claim will only be approved up to your policy limit, even if the repair costs are reasonable.

9. What if the insurance company denies my claim or offers me less than I think I am entitled to receive? 

  • You should ask the insurance company to give you its reasons in writing.
  • If you think the insurance company may be wrong, consult a lawyer.
  • Most insurance policies give you only one year from the date of the damage to bring any suit against the insurance company for failure to pay a claim.
  • If you do not file suit in time, you may be unable to get anything.

10. What if my insurance does not cover all of the damages to my home or personal property? 

  • You may be eligible for benefits under the FEMA program if you are unable to pay for repair or replacement of essential parts of your home or essential personal property.
  • See the FEMA section of this handout.
  • If you keep all of your repair and replacement receipts, you may be able to file your losses with IRS on your income tax returns next year. For information, you may call IRS at 1-800-829-1040.

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AVOIDING RIPOFFS 

1. What if someone says he is from the Department of Insurance or my insurance company and offers to speed up my claim if I pay him some money?

  • Beware of anyone who makes this kind of claim.
  • Ask this person's name and immediately report him to your insurance company or the Alabama Department of Insurance.

2. What if somebody else offers to help speed up my claim in exchange for some of my insurance benefits? 

  • Call the Alabama Department of Insurance about this kind of person, too.
  • Consult a lawyer before signing any contract.

3. How can I keep from paying too much for repairs?

·         The Attorney General recognizes that home repair fraud is a serious problem in Alabama and is a particular threat during times of natural disaster.  He has made most of the following suggestions:

  • Find out as much as you can about the workers.
  • It is especially important to find out about people who come without you calling.
  • It is also important to check out people who come from out-of-town after a natural disaster.
  • Ask if the worker is bonded or insured.  Ask to see proof.
  • Ask if the worker is licensed.
  • Regulations vary, but plumbers and electricians must be licensed by the state.
  • General contractors may need local licenses if they do major work.
  • To do home repairs costing over $10,000, general contractors may also need a home builder's license.  You can go to the Home Builders Licensing Board website, http://www.hblb.state.al.us/, to see if a contractor is licensed.
  • Contractors who do small odd jobs may not have to be licensed.
  • Ask if your job requires a permit.
  • Most construction and major home repairs need a permit from the county or city.
  • Do not let someone talk you into applying for the permit in your name. If they do not want to be known to local officials, they may be hiding from a bad reputation.
  • Get a written estimate, detailing the work to be done and setting a completion date.
  • Ask for references. Get names and addresses.  Call the references.  Consider going to see some of the  work the contractor has done.
  • Avoid paying too much money up-front.
  • You should pay only a minimal amount, perhaps as much as one-fourth, to indicate good faith and ability to pay. If they tell you more money is needed in advance, be wary. They should have sound financial standing to pay for supplies or have good credit to make necessary purchases until you compensate them afterward.
  • Make sure you can contact the contractor. Be wary if they can only give you a beeper number or a post office box address. Businesses with established addresses are usually safer.
  • A state law signed September 13, 2004, prohibits "unconscionable pricing" of items for sale or rent  whenever the Governor has declared an official state of emergency.
  • A price is usually unconscionable if it exceeds the average price charged in the area during the last 30 days.
  • Ask questions to find out if the price is in line with pre-disaster prices.

4. How can I find a good contractor? 

  • First, beware of builders or contractors who go door-to-door selling their services. 
  • Be extra careful of someone not known in your community. Sometimes, someone will offer you a low price, saying he just did some work near you and has materials left over. Get the names of the people who hired him. Call the people who hired the builder or contractor and ask them if they were happy with the work done.
  • Deal only with licensed and insured contractors. Look into the work of any roofer, builder or contractor you are thinking of hiring. Get a list of recent pleased customers. Call them.
  •  Ask friends, relatives, neighbors, co-workers, insurance agents or claims adjusters for recommendations. Also, call your Better Business Bureau to see if the contractor has any complaints filed against him.   

5. What sould I know before I sign a contract?

  • Do not let anyone rush you into signing a contract. 
  • Get written estimates from at least three firms.
  • Ask contractors if there is a charge for an estimate before letting him in your home.
  • Do not automatically choose the lowest bidder. First, see if the low bidder is going to do all you need done. 
  • IMPORTANT: Get a copy of the final, signed contract.

6. What is the best way to pay the contractor?

  • Beware of contractors who ask you to pay for the entire job before starting any work.
  • If a contractor says you have to make a down payment, it should not be more than one-third of the total price. 
  • Do not pay cash. Pay only by check, money order or credit card.
  • Pay the final amount only after the work is finished and you are pleased.

7. What if the contractor says I should just make temporary repairs for now?

  • Beware of contractors who want you to spend a lot of money on temporary repairs. Make sure you have enough money to finish permanent repairs.

8. What if I need a loan to pay the contractor?

  • Be careful about putting your home up as security for a home improvement loan. If you do not repay the loan as agreed, you could lose your home.
  • Have someone you trust read a contract before you sign. If you get a loan to pay for the work, have someone read these documents too.

9. What if I think a contractor has cheated me?

  • Call the consumer division of your state Attorney General's office. The Alabama Attorney General's consumer hotline is 1-800-392-5658.
  • If you suspect fraud, waste, or abuse involving Federal Emergency Management Agency (FEMA) disaster assistance programs, you can make a confidential report to FEMA's  Inspector General's Office. Call 1-800-323-8603.
  • You also can file a complaint with the Federal Trade Commission (FTC). Although the FTC cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations. Here are possible ways to contact the FTC:   
  1. FTC Consumer Response Center toll-free line: 1-877-FTC-HELP (1-877-382-4357) 
  2. Hearing impaired toll-free line for FTC Consumer Response Center: 202-326-2502. 
  3. Internet (online complaint form) at www.ftc.gov
  4. Mailing address: 
            Consumer Response Center, Federal Trade Commission
            600 Pennsylvania Ave. NW
            Washington, DC 20580
  5. The FTC publishes free brochures on many consumer issues. For a complete list of publications, write for "Best Sellers" to:
            Consumer Response Center, Federal Trade Commission 
            600 Pennsylvania Ave. NW
            Washington, DC 20580

10. Where can I get more information? 

  • You can go to the website for the Alabama Department of Insurance at www.aldoi.gov. On the website, you should click on the section for Hurricane Season Tips.
  • You can go to the website for FEMA at www.fema.gov.

11. Where can I report problems? 

  • You can report any problems of alleged fraud or illegal price gouging to the Attorney General's Family Protection Unit and Consumer Affairs Unit toll-free.
  • You can reach the Family Protection Unit at 1-800-230-9485, at www.familyprotection.alabama.gov, or by writing to 11 South Union Street, Montgomery, Alabama 36130.
  • You can reach the Office of Consumer Affairs by calling 1-800-392-5658 or though the Attorney General's main web page at www.ago.state.al.us.

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BANKRUPTCY

1. I lost everything because of Hurricane Katrina. Will it help me to file bankruptcy?

  • Bankruptcy can help when you have property to protect and a lot of debt that is past-due.
  • Before filing bankruptcy, look hard at other ways to solve your problems. Call your creditors to see if they are giving extra time to people affected by Katrina. Look into consumer credit counseling. You may be able to work out a repayment agreement or file a claim of exemption. Read more about bankruptcy at www.alsp.org. Go to "Know Your Legal Rights."
  • Try to wait until you have income coming in before filing bankruptcy.
  • If you have enough new income, you can take advantage of the fresh start bankruptcy gives you. If you don't have enough new income, you get out of one hole just to fall into another.
  • You may need to file bankruptcy if you have to stop a lawsuit, garnishment, foreclosure eviction or revocation of a driver's license.

2. I came to Alabama from a disaster area. Can I file bankruptcy here? 

  • You usually have to file in the state where you live. However, if you left due to Katrina, the Court will let you file your case and attend hearings where you are staying now.
  • If you plan to return to Louisiana or Mississippi in the next month or two, you may want to file there.

3. I heard there's a new law that makes it harder to file bankruptcy. Is this true?

  • The Bankruptcy Reform Act took effect on October 17, 2005.
  • Now the Court looks further back at what you did with your money and property before filing bankruptcy.
  • It is now harder for most people with above-average income to wipe out debts. However, the Court will let you wipe out your debts if the hurricane reduced your income and increased your expenses.
  • Most people have to file more of their papers with the Court. However, the Court will make sure you are not penalized if you can't get hold of those papers because of Katrina. 
  • It may also be harder to use bankruptcy to get rid of your debt if: 
    • You owe a lot of child support. 
    • You owe debts that someone calls fraud. 
    • You owe damages for a wreck due to reckless driving.
    • You have a car you bought after April 21, 2003, and you 
      owe more on it than it is worth. 
    • You have filed bankruptcy in the last few years. 
    • You have a student loan from a for-profit source. 
    • You have been convicted of certain drug-trafficking
      crimes. 

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IMMIGRATION 

1. Do I need to be a U.S. resident or citizen to apply for emergency disaster relief?

  • You can qualify for non-cash FEMA disaster programs even without legal immigration status.
  • Getting other benefits depends on your immigration status. 

2. Will I be considered a public charge and denied residency if I apply for Emergency Disaster Relief? 

  • No.  INS will not count acceptance of Emergency Disaster Relief public cash assistance that could prevent you from becoming a resident.
  • You will not be classified as a public charge solely because you accept emergency disaster assistance. 

3. If I lost my "green card" in the hurricane, how can I get a replacement?

  • You need to fill out a form I-90 and, if you can, file it in personYou can file in person at the Atlanta district office located at the Martin Luther King, Jr. Federal Building at 77 Forsyth Street SW., Atlanta, GA 30303.  You can also e-file at http://uscis.gov.
  • You can get the immigration form I-90 from INS by calling 1-800-375-5283 or by going to http://uscis.gov/graphics/formsfee/forms/i-90.htm.   
  • Along with the I-90 you must submit two recent residency photographs (2"x2", color with a white background - "passport" style) and a cashier's check or money order for $185.00, plus a $70.00 fee for biometrics. (Total filing fee is $255.00)
  • If you can't afford the fee, you may be able to convince INS to waive it.

4. If I lost my work permit in the hurricane, how can I get a replacement? 

  • You need to fill out immigration form I-765.
  • You can get the immigration form I-765 from INS by calling 1-800-870-3676 or by going to http://uscis.gov/graphics/formsfee/forms/i-765.htm.
  • If you have a photocopy of your lost work permit, attach it to the I-765. Also include a photocopy of any papers that entitle you to a work permit, such as application of asylum, suspension of deportation or adjustment of status.
  • You have to include a $175.00 cashier's check or money order for a replacement work permit.
  • You can mail the form to INS-Atlanta District, Martin Luther King Jr. Federal Building, 77 Forsyth Street SW., Atlanta, GA 30303, or to INS Service Center, P.O. Box 851041, Mesquite, TX 75185.
  • You can also e-file at http://uscis.gov/graphics/formsfee/forms/i-765.htm 

5. Can I work while waiting for a replacement?

  • Yes.  The Department of Homeland Security has told employees that they can hire people who have lost their work papers and even their proof of identity.

6. Do I need to let INS or the immigration court know that I have moved as a result of the hurricane? 

  • If you have a pending case, you must inform the immigration court of any change in address or telephone number within 5 days.
  • Send immigration form EOIR-33 by certified mail to: U.S. Department of Justice, EOIR, Office of the Immigration Judge, Martin Luther King Jr. Federal Building, 77 Forsyth Street SW., Atlanta, GA 30303. 
  • If you cannot obtain this form, mail a letter to the above address. In the letter include your name, alien registration number, and new address and telephone number.
  • If your case is pending before the asylum unit, send notice of a change of address to: Immigration and Naturalization Service, Asylum Unit, P.O. Box 851041, Mesquite, Texas 75185-1041.
  • If you are in a shelter or tent site because your home was damaged, you should provide the address of a relative or friend who can receive your mail until you are able to obtain other housing.
  • Be sure to include your alien registration number on all letters or forms to INS.
  • Send all correspondence by certified mail and keep a copy. Better still, if you can, hand-deliver correspondence to INS in Atlanta.

7. Where can I get more information?

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DOMESTIC VIOLENCE & DIVORCE

1. How can I file to get a protection order? 

  • You can fill out a form petition for protection from abuse.

2. Where can I get the form? 

3. What if I am not an Alabama resident? 

  • You do not have to be an Alabama resident to file for a Protection Order in an Alabama Court.

4. How much do I have to pay to file?

  • Nothing. There is no filing fee to file for a protection order in an Alabama Court or to subpoena witnesses.  

5. What if I already have a protection order from another state?

  • It is good in Alabama. If you have a copy of it, Alabama police and sheriff officers should enforce it just as if it were issued by an Alabama judge. 
  • You do not have to register your protection order with a Circuit Court Clerk to make it valid.

6. What if I want to register the protection order?

  • You can file it without paying any charge or fee.
  • Click here for a form affidavit you can use to register a foreign protection order in Alabama.
  • A form affidavit that you can use to register a foreign protection order in Alabama is available from your local Legal Services Alabama office.

7. What if if I don't have a copy of the protection order? 

  • You can call the court where it was issued and ask for a copy.

8. What if I came to Alabama after Katrina, and I want a divorce? 

  • If your abuser lives in Alabama, you may be able to file right away.
  • Otherwise, you will have to wait until you have lived in Alabama for six months before filing for a divorce.  

9. Can I get a custody order?

  • If your children have not lived in Alabama for the last six months, an Alabama court probably will not have jurisdiction.
  • However, a court can exercise temporary emergency jurisdiction to award custody to protect a child, sibling or parent.
  • If you can't get to the court in the child's home county, an Alabama court can probably issue a temporary emergency custody order.

10. How can I get child support that has already been ordered? 

  • You can have the child support sent to you by calling your child support enforcement agency. 
  • If the order is from Alabama, you can call toll free 1-800-951-1274 or send an email to: childsupportstorm@dhr.state.al.us 
  • If the order is from Mississippi, you can call toll-free: 1-866-388-2836. 
  • If the order is from Louisiana, you can call toll-free: 1-800-256-4650 OR you can send an email to: lacsc@dss.state.la.us
  • The direct telephone number to the Baton Rouge child support office is: 225-922-8100. You will have to pay for the call.

11. If I am fleeing Katrina, how can I find a domestic violence shelter that can give me emergency housing? 

  • You can use the list at the Web site for the National Coalition Against Domestic Violence: www.ncadv.org  
  • You can also try the general Web site run by the Department of Homeland Security and the American Red Cross: http://www.katrinahousing.org/

12. How can I get more information about help for domestic abuse victims who fled from Hurricane Katrina?

  • You can call the Alabama Coalition Against Domestic Violence to find the nearest Domestic Violence shelter by calling 1-800-650-6522.
  • You can visit their Web site at: http://www.acadv.org
  • You also can call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) OR TTY for the hearing impaired at 1-800-787-3224.

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EDUCATION/SCHOOLS

Some 200,000 school-age children have been displaced by Hurricane Katrina.  Thousands of them are now in Alabama.  They have all the rights federal law gives to children who have lost housing or meet any other definition of "homeless."

 

1. Does my child count as homeless?

 

·         Yes, if you lost housing and are now staying with friends or with relatives.

·         Yes, if you are living:

      ·  in an emergency shelter

          ·   in a transitional shelter

          ·   in a motel

          ·   in a domestic violence shelter

          ·   in a campground

          ·   in an inadequate trailer park

          ·   in a car

          ·   on the street

          ·  in public or abandoned buildings

 

2. I'm homeless.  Where can my children go to school?

 

  • You have a choice.
  • If it is open, you can send your children back to the last school they attended.
  • Or, you can choose instead to have your children go to the local school where you are now staying.

3. What if I don't have all my children's papers?

 

  • You can enroll them right away.
  • They have a right to attend school while you help the school get proof of shots and any school records.
  • The Governor and the State Department of Education have told all local school districts in Alabama to accept the children of Katrina refugees into their local schools. The schools must take the children even if the children do not have records such as birth certificates, school records, and immunization certificates.

4. Can my children ride the bus to school?

 

  • Yes. Your children have the same right to transportation any other children.

5. What if my children need special help in school?

 

  • Your children have the right to any services they need for them to learn in school.

6. Can they make my children go to a school or classroom for homeless children?

 

  • No.  Your children have the right to go to school with children who are not homeless. 
  • They have the right to be in classes that are not just for homeless children.

7. What about my preschool child?

 

  • Your preschool child has the same right to attend preschool as other children where you stay.
  • The Federal Government is giving extra money to Headstarts in Alabama, so they can enroll more children who had to leave because of Hurricane Katrina.

8. If the school will not take my child, who can I call?

 

  • Call Dorothy Riggins in Montgomery at 334-242-8199. She is with the State Department of Education.

9. Can my child get free school meals?

 

  • The Department of Agriculture has said any student from a disaster area in Alabama, Mississippi or Louisiana can take part in the free lunch program and free breakfast program.

10. My college has closed because of Hurricane Katrina. Can I go to another school?

 

Colleges across the country are letting in students from the disaster areas. The following Web sites have information that could help you. Resources are organized on these sites by state:

 

11. Where can I get more information?

 

  • Michael A. O'Connor at the Association of Consultants to Non-Profits put together a long list of sources of information.

National Coalition for the Homeless

http://www.nationalhomeless.org/

 

National Center on Homeless and Poverty - web page on education issues:

http://www.nlchp.org/FA%5FEducation/

 

Education for Homeless Children and Youth Program - Title VII-B of the McKinney-Vento Homeless Assistance Act, as amended by the No Child Left Behind Act of 2001 Non-Regulatory Guidance, July 2004
http://www.ed.gov/programs/homeless/guidance.pdf

 

National Association for Education of Homeless Children & Youth  
http://www.naehcy.org/

 

National Center for Homeless Education (U.S. Department of Education funded)  http://www.serve.org/nche/

 

State Protection and Advocacy Agencies for Persons with Developmental Disabilities, Mental Illness and the Client Assistance Program. The Protection and Advocacy (P&A) System and Client Assistance Program (CAP) comprise the nationwide network of congressionally mandated, legally based disability rights agencies.

http://napas.org/aboutus/0507PA_CAP.htm

 

National Association of State Directors of Special Education, "Homelessness and Students with Disabilities: Educational Rights and Challenges" (Jan. 2004)

http://www.nasdse.org/publications/homelessness_and_SWD.pdf

 

State Coordinators for Homeless Education
http://www.serve.org/nche/states/state_resources.php

 

Louisiana Dept. of Education
http://www.doe.state.la.us/lde/index.html

 

Texas Homeless Education Office
http://www.utdanacenter.org/theo/

 

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OTHER FAMILY ISSUES

1. Will my child be able to get emergency medical care if I cannot be reached by telephone? 

  • Yes. A licensed doctor may provide emergency medical care or treatment to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition if delay in providing the care will endanger the health or physical wellbeing of the minor.  

2. How can I get counseling for myself or my family?

  • Mental Health Agencies and others provide counseling services on an ongoing basis.
  • After a natural disaster, additional providers will be available.
  • Information on disaster counseling is usually made available through public information announcements after the disaster.
  • You should also check with hospitals and other mental health agencies in your community.

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UNEMPLOYMENT COMPENSATION 

1. I'm unemployed. How can I get Unemployment Compensation?
       
You can qualify if: 

  • You are able to work and available for work. 
  • You worked enough before the hurricane. 
  • You apply and register for work at a local Employment Services Office.
  • You serve a one-week waiting period. 

2. What could keep me from getting Unemployment Compensation? 
       
You could be partially disqualified if you lost your job because of simple misconduct.
      You co
uld be totally disqualified if:

  • You quit your job without good cause; 
  • You lost your job for misconduct after being warned;
  • You lost your job for failing a drug test; 
  • You lost your job for doing something dishonest; or
  • You refused employment without good cause.

IMPORTANT: If you are disqualified, you will not get benefits. You may also lose the chance for future benefits.

3. How can I get Disaster Unemployment Assistance?
        
You can qualify if: 

  • You are not eligible for regular benefits. 
  • You were living or working in one of Alabama's 10 disaster counties.

        One of the following must also be true:

  • You lost your job when the hurricane destroyed or closed your employer's business;
  • You lost your job because your house or your car was destroyed;
  • You could not get to work due to the hurricane; 
  • You had been self-employed, but can no longer work because of the hurricane;
  • You can't work because of an injury caused by the disaster; or
  • The former head of your household died in the storm and left you to support your family.
  • EXCEPTION: If you lost money due to damage or crops, you usually would NOT qualify for Disaster Unemployment Assistance.

4. How do I apply for Unemployment Compensation or Disaster Unemployment Assistance? 

  • For Unemployment Compensation, call 1-866-234-5382.
  • For Disaster Unemployment Assistance, first call FEMA at 1-800-462-9029 to get a registration number. Then call 1-866-234-5382 to complete your application. The last day to file was November 30, 2005.
  • If you miss the deadline, you may be able to file late. You would have to show a good reason. Don't take that chance.
  • If you can't get through when you call, keep trying. It is usually easier to get through on a Wednesday or Thursday.

5. How long does it take before I get my check?

  • You may have to wait as long as four weeks before your first check is sent to you.

6. How long can I get benefits?

  • You can get benefits for up to 26 weeks. This is true for both regular and disaster benefits.

7. What if the Department says I can't get any kind of Unemployment benefits? 

  • You have the right to appeal the decision. You have 15 days from the date on your notice.
  • At the hearing, you will have a chance to explain your case to a hearing examiner. 
  • Be sure to bring witnesses and papers to the hearing to help you prove your case.

8. Can I apply in Alabama if I lived and worked in Louisiana or Mississippi?

  • Call 1-866-234-5382 and tell the Alabama worker where you lived or worked. The Alabama office will e-mail your information to your state.
  • If you lived and worked in Louisiana, you can file on the Internet at http://www.laworks.net

9. How can I get more information about Unemployment Compensation or Disaster Unemployment Assistance?

  • Look at the Website for the Department of Industrial Relations: www.dir.alabama.gov.
  • Look at the Website for Legal Services Albama: www.alsp.org. Go to "Know Your Legal Rights" and find more about Unemployment Compensation in the part on Public Assistance.
  • For more about Disaster Unemployment Assistance, go to www.nelp.org.
  • You can also call 1-800-361-4524 and talk to someone at the Department of Industrial Relations. If you are hearing-impaired, call 1-800-499-2035.

 10. How can I find out about jobs in Alabama?

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FOOD STAMPS 

1. I have a food stamp EBT card from Mississippi or Louisiana.  Can I use it in Alabama?

  • Yes.  The card is good anywhere in the United States.

2. I lost my EBT card.  How can I get a new one?

  • You can make a toll-free call.
  • For Mississippi, the number is 1-866-512-5087.
  • For Louisiana, the number is 1-888-997-1117.
  • The Alabama EBT number is 1-800-997-8888.

3. What if I lost food when my power was out because of the hurricane?

  • DHR does give replacement food stamps in disasters.
  • You had to be on food stamps in August to get replacement food stamps.
  • However, the time limit to ask for replacements has passed.
  • If you asked for replacement food stamps and were denied, you can appeal. To appeal, write to the food stamp office where you applied.

4. Can I get disaster food stamps?

  • The time to apply for disaster food stamps has ended.
  • If you applied and got denied, you can appeal. To appeal, write to the food stamp office where you applied.
  • You have to show that the hurricane damaged your home or you had other losses from the hurricane. 
  • You also must show that when you add the income you got in September to your resources, the sum isn't much more than your hurricane expenses.

5. What is the difference between "expedited" food stamps and "emergency" food stamps?

  • Usually, "expedited" food stamps are regular food stamps very needy people get a week after applying.
  • Because so many people had to leave their home states or counties because of Hurricane Katrina, evacuees can also get expedited food stamps.
  • Disaster or "emergency" food stamps are short-term disaster benefits offered in select areas to people not eligible under normal rules. These food stamps go to people who need food assistance because they have lost income and other financial resources because of the disaster.
    • Not everyone with hurricane-related food losses can get disaster food stamps.
    • To get disaster food stamps, you must meet federal eligibility requirements.
  • Emergency food stamp benefits can also give extra help to people who get regular food stamps.

6. Who is considered to be an "evacuee"?

  • You had to live in the disaster area on August 29, 2005.
  • You also had to move from your home because of the hurricane.  The move could be out of state or within the state.

7. I am not an evacuee.  How do I know if I qualify for expedited food stamps? 

  • To get expedited food stamps, your income and resources must be low enough to meet normal food stamp requirements.  For information about food stamp eligibility, go to the Legal Services Alabama Website at www.alsp.org and click on "Know Your Legal Rights."  Then, go to the section called Public Assistance and look for Food Stamps.  You can also call our toll-free number: 1-877-393-2333.
  • You must also show one of the following:
    • Your household has no more than $150 in monthly income before taxes and no more than $100 in cash or in bank accounts; OR
    • Your basic shelter and utility expenses are greater than your present income and resources combined.

8. I am an evacuee.  How do I know if I am eligible for expedited food stamps?

  • The deadline to apply expired on October 31, 2005.
  • There is no income test.
  • There is no resource test.
  • If you have proof who you are, that will help.
  • You have to be a U.S. citizen or qualified alien.  You do not have to have papers to prove this.
  • Your word is enough to prove where you live and where you lived August 29, 2005.
  • Your word in enough to prove who is in your household.

9. I am an evacuee.  How much will I get in benefits?

  • For the first month, you get the most anyone can get for your household size.
  • For the next three months, you can get benefits based on what you say your income is.  You do not have to give proof of your income.  Your word is enough.

10. Where can I get more information?

 

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SCHOOL LUNCH AND BREAKFAST PROGRAM

1. I left my home because of Katrina.  Can my children get free school lunch and school breakfast?

  • Yes.  Your children are eligible for free school meals.

2. My children and I moved in with my sister's family.  Can her children get free school lunch and school breakfast?

  • If your sister puts in a new application for school meals that includes you and your children and lists any money you give her, then your sister's children can also get free or reduced price meal benefits.
  • Whatever your sister does, your children still get free school meals.

3. What proof do I need to show?

  • If you are in a disaster area, you need not show any proof at all.
  • If you were displaced due to Hurricane Katrina, you do not have to show any proof, because you are considered homeless.

4. Where can I get more information?

·         You can read the U.S. Department of Agriculture's memo on school meals at http://www.fns.usda.gov/cnd/Governance/Policy-Memos/2005-08-31.pdf

·         At http://www.frac.org/html/disaster/disaster_index.html, the Food Research Action Center (FRAC) has up-to-date information about school meals and other disaster assistance.

·         You can also read "An Advocate's Guide to the Disaster Food Stamp Program" at http://www.frac.org/pdf/dfsp05.pdf, which was written by FRAC in July 2005.  Although Alabama has not adopted a disaster food stamp program for any county, this guide is helpful, because it has much information on many food programs.

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MEDICAID

1. What if I was on Medicaid in Mississippi or Louisiana and had to leave and come to Alabama? 

  • You can use your Medicaid card in Alabama.
  • Alabama Medicaid has told hospitals, drug stores, doctors and other providers that Mississippi or Louisiana Medicaid will pay for care they give you.

2. What if I lost my Mississippi or Louisiana Medicaid card?

  • Alabama Medicaid workers can check with your home state to see if they have your records. You can call toll-free 1-800-362-1504 to talk with an Alabama worker. A worker at a doctor's office or hospital may be able to call for you.
  • If Alabama Medicaid cannot find out if you are eligible, you can apply in Alabama.

3. What if I was not on Medicaid when I left Mississippi or Louisiana?

  • If you want to stay in Alabama, you can apply for Medicaid in Alabama.
  • If you plan on returning home when things are better, you can apply in Alabama for Mississippi or Louisiana Medicaid.

4. I had to leave my home in Alabama because of the storm, but I am not now on Medicaid.  Can I get on?

  • You can use the short application form to apply.

5. How can I apply?

  • You can get current Medicaid information and application forms from the Alabama Medicaid website.  Go to http://www.medicaid.state.al.us/ and click for Hurricane-Related Information.
  • Applications are no longer being accepted for temporary Medicaid coverage for hurricane evacuees.

6. What do I have to do to show I am eligible?

  • If you have any proof of where you lived, show that to Alabama Medicaid.
  • Alabama Medicaid will take your word on most things:
    • who you are;
    • where you live;
    • citizenship;
    • income;
    • where you came from, if you do not have written proof
  • Alabama Medicaid will not even ask you about your assets.

7. What do I do with my application?

  • You  can mail your application to:
    Alabama Medicaid Agency
    Attn. Hurricane Katrina
    P.O. Box 5624
    Montgomery, AL 36130-5624.
  • You can fax your application to: 334-242-0566.

8. What happens after I send in my application?

  • If Alabama Medicaid finds you eligible, you should soon get a Medicaid card. It will be a paper card, not the regular plastic Medicaid card.
  • If you are not happy with what Alabama Medicaid does, you can call Legal Services Alabama at 1-877-393-2333. You can also request a fair hearing.

9. Where can I get more information about Medicaid?

10.  Is there any other help I can get for prescription drugs?

  • Yes.  Many drug companies will let you go to a drug store and replace for free up to 60 days worth of medicines they made. It may not be too late for this.
  • Check with your drug store.  Many local drugstores have their own programs to help.
  • For more information, check the website for the company that makes your drug. Some comapnies with programs to help Katrina victims are Merck, Pfizer, Wyeth and Glaxo-Smith-Kline.
  • Wal-Mart's website says evacuees with emergency medicine needs and no money can go to any Wal-Mart pharmacy to have their prescriptions filled free of charge.
  • Wal-Mart will do this even if you do not have a copy of your prescription.
  • If you are temporarily living away from your home due to Katrina, you can get a seven-day supply of free medication.
  • Nurses and doctors who can write prescriptions and are treating patients in special needs shelters as part of the recovery effort can send their patients' prescriptions to Wal-Mart stores to be filled.
  • You can also call the Mississippi Department of Health at 1-866-458-4948 or the Louisiana Pharmacy Board at 1-225-925-6496.

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SOCIAL SECURITY

1. What if I did not get my latest Social Security or SSI benefits?

  • If you live in a disaster area, ask your local post office if it has your check.
  • If your check is lost, call 1-800-772-1213 or go to your local Social Security District Office.
  • Social Security has given out more than 30,000 checks to people who did not get their regular checks.
  • You may also be able to talk with someone from Social Security at a disaster center.

2. Before Katrina, I expected to hear from Social Security.  What happens if they sent a notice, and I didn't get it?

  • Someone at Social Security may be able to give you a copy of the notice from off their computer.  Go to one of their district offices.
  • If you miss a deadline, Social Security will find that you had good cause for missing the deadline.  You can still take steps to protect your right to a check.

3. Where can I learn more about Social Security and Katrina?

  • Learn more about what the Social Security Administration is doing to help people affected by Hurricane Katrina by going to www.ssa.gov/emergency.

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OTHER PUBLIC ASSISTANCE BENEFITS

1. What if I did not receive my Family Assistance benefits? 

  • Call your local Department of Human Resources (DHR) office.

2. My child and I left a disaster area because of Hurricane Katrina. Can I get any help from the Welfare Department (DHR)?

  • Yes. The Welfare Department has a one-time benefit for needy families fleeing from Katrina. 
  • The program is called "STAR," which stands for "Stay Together and Renew." It tries to help families stay together and get back on their feet.

 3. Am I eligible? 

  • You have to have a child. 
  • Your child has to be a U.S. citizen or a legal alien. 
  • Your child has to be under 18. A child still in school has to be under 19. 
  • Your child cannot be receiving welfare from another state.
  • You must give DHR your Social Security number and the Social Security number for each adult in your household. If your child has a Social Security number, you must also give that number to DHR. 
  • You must apply for any other benefits you are eligible for, such as Social Security, Unemployment Compensation, and other disaster benefits. 
  • Your income must be low enough.

3. What are the income limits for the STAR program? 

  • For just one child, your gross income must be less than $1,595 per month.
  • For a family of two, your gross income must be less than $2,138 per month.
  • For a family of three, your gross income must be less than $2,681 per month.
  • For a family of four, your gross income must be less than $3,225 per month.
  • For a family of five, your gross income must be less than $3,768 per month.
  • For a family of six, your gross income must be less than $4,311 per month.
  • For a family of seven, your gross income must be less than $4,855 per month.
  • The gross income limit increases by $543 or $544 for each additional family member.

4. How much assistance can I get?

  • Families of one or two get a one-time check for $760.
  • Families of three or four get a one-time check for $980.
  • Larger families get a one-time check for $1,100.

5. Where do I apply?

  • At the welfare office in the county where you are staying. 
  • You can only apply once.

6. When do I apply?

  • If you have not yet applied, it seems to be too late.
  • The Welfare Department first said it would take applications until late in October. The Welfare Department changed its mind early in October. It made the deadline October 14.

7. What if the Welfare Department denied me? 

  • You have the right to appeal. 
  • The time limit for appeal should be 60 days. 
  • To appeal, you can write to the welfare office where you applied.

8. Where can I get more information about public benefits in Alabama?

  • Go to the Legal Services Alabama website at www.alsp.org and click on "Know Your Legal Rights" and go to Public Assistance.  Or call our toll-free number: 1-877-393-2333.

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GET HELP FROM LEGAL SERVICES ALABAMA 

If you were affected by Hurricane Katrina and need legal help, call Legal Services Alabama at 1-877-393-2333.

Note: If you don't qualify for free Legal Services assistance and you need legal advice as a direct result of Hurricane Katrina, you may contact the Alabama State Bar toll free at 1-800-354-6154 for referral to a volunteer attorney.  Please see ASB's Hurricane & Disaster Relief Information.

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Last Reviewed On: 03/16/06
 
 

AlabamaLegalHelp offers legal information, not legal advice.  We try hard to make sure this website accurately explains your rights and options.  However, the site does not apply the law to your personal facts.  For this sort of legal advice, you should call a lawyer.  To apply for free legal services in Alabama, call the Legal Services Alabama office that is closest to where you live OR call toll-free 1-866-456-4995.

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