In the early weeks following Hurricane Helene (downgraded to a tropical storm after slowing down over land), the differences between storm victims seemed largely a matter of degree — some had lost everything, some had lost most things, some had just minor damage.
But now, one year later, the Mitchell County community struggles to understand why some victims got funding for repairs almost immediately and others are still waiting.
Legal obstacles to getting federal disaster aid or insurance payouts include loopholes in the law that render some victims genuinely ineligible, but also include mistakes that applicants might have made in their paperwork, and mistakes that government and insurance employees make in reading that paperwork.
Attorney Max Gibbons, director of Pro Bono Services at Pisgah Legal, encourages those who have been denied claims not to give up just because the appeals process can be long and difficult.
“Obviously, we have kind of a patchwork system of resources in this country generally, and so navigating that is difficult for folks and the timelines are not satisfactory when people are trying to recover from this kind of catastrophe,” Gibbons said.
Pisgah Legal Services is a nonprofit legal services organization that has offered continuous free legal advice on storm claims since Helene hit one year ago.
“Over the past year, Pisgah Legal has assisted thousands of people throughout WNC as they work to recover from Hurricane Helene,” Executive Director Jackie Kiger said in a release. “We want folks to know that this work is ongoing, and that we are in this for the long haul.”
Those who are struggling with getting disaster relief can apply for free legal assistance at pisgahlegal.org/helene or call (828) 253-0406.
Local challenges
There are local challenges in a rural, mountainous area that staffers at the Federal Emergency Management Agency may not be prepared to decipher, Gibbons said. For instance, if a victim lives on a road that may have changed from a numbered road to a road with a name that might seem suspicious. Having a mailing address that is different from the residential address — more common in places that are less accessible to postal delivery — can also be an issue.
As an example, Gibbons said that a claim could be denied simply because the applicant included an estimate from a contractor who is not available to answer the phone when a FEMA representative calls to confirm the amount, something that happens more often in an area with patchy cell service like Mitchell County.
“So, let’s say one FEMA rep takes the case one day, and then somebody logs into the system and looks at that case and sees that a phone call was made,” he said. “Ideally, they’d call again, but is the case sticking with the same person to know exactly what was done or why it got stuck?”
Sometimes, Gibbons said, even the FEMA representatives handling the appeal don’t understand why a claim was denied originally.
“I mean, every once in a while, we will get in touch with FEMA, and they will say, ‘Hmm, yeah, good point. I don’t know why no action has been taken on that,’” he said.
Gibbons said that FEMA is, in general, overworked and understaffed.
“I think most people who work for FEMA, their hearts are in the right place,” he said.
Insurance woes
Insurance companies are a different sort of problem, because as for-profit companies they will default to saying a claim is not covered by the claimant’s policy if there is any reason to doubt eligibility, Gibbons said. For those who had the right coverage for Helene, one challenge is proving that the damage was actually caused by the storm and not by something else.
“They make it very easy to pay your premiums and very hard to get the payout, so we see clients who there’s a $10,000 check kind of sitting somewhere with their name on it, but they can’t figure out how to get it,” Gibbons said. “And it’s really frustrating because for all the clients that we see in that situation where we can usually navigate and get that money for them.”
The biggest challenge, Gibbons said, is that because the process is so difficult, people give up.
“For a lot of people, the major impediment right now is just being exhausted by the process,” he said. “And we just encourage people to try to continue to fight for the money because it’s rightfully theirs. And FEMA in particular — we’ve all paid taxes into the system.”
Here to help
Pisgah Legal services is available to local residents in need of help.
For free legal assistance call (828) 253-0460 or visit pisgahlegal.org/helene.