File an Appeal

Individuals who have filed a claim with the Claims Office may file an appeal if they disagree with the compensation amount identified in their final Letter of Determination (LOD). If a claimant is dissatisfied with the outcome of their appeal, they may pursue arbitration or judicial review.

Quick Facts

You have 120 days from the date on your final LOD to file an appeal.
Submit a Notice of Appeal to the Claims Office, including your reasoning and any additional supporting documentation.
You cannot file an appeal if you have already signed a Release and Certification form.
If you disagree with the appeal decision, you can seek arbitration or judicial review within 60 days of the date on the appeal decision letter.

Filing an Appeal

Current Step 1: Submit a Notice of Appeal
Step 2: Receive Acknowledgment of Appeal
Step 3: Submit Additional Documentation
Step 4: Receive a Decision
Step 5: Accept or Dispute the Decision

Step 1: Submit a Notice of Appeal

You must submit a Notice of Appeal (NOA) to the Claims Office. The NOA must be postmarked, delivered, or electronically timestamped within 120 days after the date that appears on your final Letter of Determination (LOD).

Include the following information in the NOA:

Detailed reasoning why you are appealing the decision of the Claims Office, including a description and number of the Loss Line Item(s) you are appealing, an explanation of why you are appealing them, and any additional documentation to substantiate your appeal.
Supporting Documentation: Any additional documentation supporting your position may be submitted as an attachment to the Notice of Appeal or submitted up to 60 days after transmission of the appeal to supplement the record. You can submit any additional relevant documents, even if you did not previously submit them to the Navigator or Claims Reviewer for consideration. The Director of the Claims Office may extend this timeframe if the claimant demonstrates good cause.

Forms can be submitted via:

In-person: Through your Navigator
Email: fema-hermits-peak-appeals@fema.dhs.gov
Mail:
Appeals Docket
FEMA Hermit's Peak/Calf Canyon Claims Office
P.O. Box 1329
Santa Fe, NM 87504

Disputing an Appeal

If you are dissatisfied with the appeal decision, you may have the dispute resolved through binding arbitration or have a judicial review in the Federal District Court for the District of New Mexico.

Option 1: Arbitration

Submit a written Request for Arbitration (RFA). The RFA form is available for the convenience of claimants, but the Claims Office will accept requests for arbitration in any form, as long as it includes the information required and otherwise meets the criteria for arbitration.

Forms can be submitted via:

In-person: through your Navigator
Email: fema-hermits-peakarbitration @fema.dhs.gov
Mail:
Arbitration Docket
FEMA Hermit's Peak/Calf Canyon Claims Office
P.O. Box 1329
Santa Fe, NM 87504

For more information on the arbitration process, timelines and fees, reference pages 84-86 of the Program and Policy Guide.

Option 2: Judicial Review

As an alternative to arbitration, you may file a lawsuit against FEMA in the Federal District Court for the District of New Mexico. This lawsuit must be brought within 60 days of the date that appears on the administrative appeal decision.

Note: If you do not either file for arbitration or file a lawsuit within 60 days of the date on the Administrative Appeal decision, or submit a signed Release and Certification form, you are bound by the final Letter of Determination (LOD).