Appeals, Application Procedures

Appeal Brief

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration in California, with an incident period of January 20, 2020, through May 11, 2023.[1] FEMA established programmatic deadlines across all COVID-19 declarations, stating that, absent an approved time extension, all Requests for Public Assistance (RPAs) must be submitted to FEMA no later than July 1, 2022.[2] Yehowa Medical Services (Applicant) sought an extension for its late RPA in a letter dated November 1, 2022, due to its lack of awareness of the opportunity to request funding through FEMA’s Public Assistance (PA) program. The California Governor’s Office of Emergency Services (Recipient) forwarded the Applicant’s request to FEMA on November 2, 2022, with its supporting letter. 

In a letter to the Recipient dated August 17, 2023, FEMA denied the request. FEMA stated that all RPAs must be submitted to FEMA through the Grants Portal system by July 1, 2022. FEMA noted that the FEMA Regional Administrator may extend the RPA deadline 90 days after 

July 1, 2022, based on extenuating circumstances beyond the applicant’s or recipient’s control. However, FEMA determined that the Applicant’s extension request, based on its lack of awareness of the RPA application process, did not demonstrate an extenuating circumstance justifying an extension, nor had the Applicant provided any other grounds to support its request. 

First Appeal 

The Applicant submitted a first appeal dated October 30, 2023, to the Recipient. In its first appeal, the Applicant claimed that on August 30, 2023, it received a letter from the Recipient dated August 25, 2023, notifying it of FEMA’s denial and including the August 17, 2023, determination letter from FEMA to the Recipient. The Applicant justified its request for an extension by stating that staff shortages due to COVID-19 were extenuating circumstances beyond its control. The Applicant indicated that its business manager departed and there was a significant rise in patient visits, more than double the previous year’s total, which required reassigning the administrative and executive personnel to additional responsibilities. 

On November 6, 2023, the Recipient informed the Applicant that according to FedEx tracking information, it appeared the Applicant received notification of FEMA’s decision from the Recipient by mail on August 28, 2023. Therefore, the Recipient requested that the Applicant provide documentation demonstrating why the Applicant submitted its first appeal on 

October 30, 2023, seemingly past the 60-day deadline. On November 16, 2023, the Applicant responded, stating that on August 28, 2023, FedEx delivered the Recipient’s letter with FEMA’s determination to someone outside of the Applicant’s office in the same building complex as the Applicant’s administrative office, but that the Applicant did not receive the determination until August 30, 2023. The Applicant noted that the FedEx delivery receipt was signed by someone not associated with the Applicant’s organization and, thus, the determination was not received by the Applicant at that time. On December 15, 2023, the Recipient transmitted the Applicant’s appeal with its supporting letter. The Recipient’s letter stated that it appeared the Applicant’s appeal was not submitted within the required 60-day deadline.

On March 11, 2024, the FEMA Region 9 Regional Administrator denied the Applicant’s appeal as untimely without addressing its time extension request to submit a late RPA. The decision noted that the Applicant provided no documentation or evidence to support its assertion that it received notification of FEMA’s decision after August 28, 2023.

Second Appeal

In a letter dated May 8, 2024, the Applicant submitted its second appeal. The Applicant asserts that on August 28, 2023, FedEx delivered the Recipient’s letter with FEMA’s determination to an individual who did not work for, and was not authorized to accept mail for, the Applicant. The Applicant also claims that on August 30, 2023, an unidentified individual hand-delivered an opened envelope to the Applicant’s office containing FEMA’s determination, dated

August 17, 2023, and a copy of the Recipient’s transmittal letter, dated August 25, 2023. The Applicant attached signed declarations from its employees attesting to its claims about the August 30, 2023, receipt date and its lack of receipt or affiliation with the individual who received the Recipient’s letter with FEMA’s determination on August 28, 2023. The Applicant is requesting FEMA to reconsider its first appeal on its merits. The Applicant notes that it incurred significant unreimbursed expenses as a result of the disaster, including approximately $1,299,405.00 for the project period of July 2022 to December 2022.

The Recipient transmitted the Applicant’s appeal to FEMA on June 12, 2024, expressing its support. The Recipient asserts that the Applicant’s first appeal was timely based on the evidence the Applicant provided. The Recipient claims that the original FedEx package with FEMA’s determination was misdelivered, resulting in the Applicant receiving actual notice of FEMA’s determination on August 30, 2023, not August 28, 2023. The Recipient emphasizes that applicants must file appeals within 60 days of receiving notice of the action being appealed. The Recipient asserts that the Applicant did not receive notice until August 30, 2023, and 60 days from that date was, Sunday, October 29, 2023. Therefore, the Recipient asserts that the Applicant had until the next business day, Monday, October 30, 2023, to submit its appeal in a timely manner. Regarding the late RPA, the Recipient interprets FEMA policy as acknowledging that staff shortages represent extenuating circumstances beyond an Applicant’s control and that insufficient personnel may justify time extensions. The Recipient also claims that FEMA has granted RPA extensions during COVID-19 for other applicants that have cited similar extenuating circumstances.

Discussion 

Appeals

An applicant may appeal any FEMA determination related to an application for or the provision of assistance under the PA program.[3] The applicant must submit a written appeal to the recipient within 60 days of receiving written notification of FEMA’s determination.[4] The recipient must forward the appeal, with its written recommendation, to FEMA within 60 days of receiving the appeal.[5]

There are conflicting claims regarding when the Applicant received notification of FEMA’s determination. However, based on the Applicant’s documentation and the clarifications provided on second appeal, FEMA finds that the Applicant did not receive actual notification of FEMA’s denial from the Recipient until August 30, 2023. As the 60-day deadline after the August 30, 2023, receipt would have been Sunday, October 29, 2023, the Applicant’s submission of its first appeal on Monday, October 30, 2023, was timely.[6]

Application Procedures

If an applicant wishes to seek PA funding, it must submit an RPA to FEMA through the recipient in accordance with the applicable deadline.[7] For the COVID-19 pandemic, FEMA issued the COVID-19 Programmatic Deadlines Policy to establish PA programmatic deadlines across all COVID-19 declarations.[8] This policy requires that applicants and recipients submit all RPAs to FEMA no later than July 1, 2022.[9] However, FEMA may extend the RPA deadline when the request is justified based on extenuating circumstances beyond the applicant’s or the recipient’s control.[10] An example of an extenuating circumstance that may justify a time extension for RPA submittal is if an applicant did not anticipate conducting any COVID-19 work and did not conduct work until after July 1, 2022.[11]

Here, the Applicant’s November 1, 2022, submission was four months after the July 1, 2022, RPA deadline. Although the Applicant’s second appeal notes that it incurred unreimbursed expenses after July 1, 2022, the Applicant has not claimed that it did not anticipate conducting any COVID-19 work and did not conduct work until after July 1, 2022. Instead, the Applicant and the Recipient claimed that staff shortages due to COVID-19 led to the late RPA submission. However, staff shortages and increased workload do not constitute extenuating circumstances beyond the Applicant’s control to justify a time extension.[12] Additionally, even though the Applicant claimed it was unaware of opportunities related to FEMA’s PA program, its lack of knowledge and understanding are not circumstances outside its or the Recipient’s control.[13] Based on documentation in the record, the Applicant submitted its RPA after the programmatic deadline and has not demonstrated extenuating circumstances beyond its control to justify extending the deadline for the RPA submission.  

Conclusion

The Applicant’s first appeal was timely submitted within the 60-day regulatory timeframe. However, neither the Applicant nor the Recipient demonstrated extenuating circumstances beyond either’s control to justify extending the RPA deadline.