Hermit's Peak/Calf Canyon Claims Office Frequently Asked Questions

Will I receive more money if I work through an attorney?

The Hermit’s Peak/Calf Canyon Fire Assistance Act directs the Claims Office to provide full compensation available under the law to claimants suffering damage as a result of the fire. The Claims Office will provide full, fair and equitable compensation to all claimants using industry standard estimating software and tools. Throughout the process, the claimant is in control of the claim, and to assist we have designed the claims process to be claimant centered and have committed to hiring navigators, advocates, and other support to help claimants identify and document their losses effectively and efficiently.  The Claims Office recognizes that claimants have the right to hire attorneys and we are committed to working with those attorneys if a claimant hires one.  Attorneys are authorized to take fees up to 20 percent of the compensation paid to a claimant and may charge even more as costs for other claims related services. The Claims Office is designed to help claimants get full compensation without having to pay these additional costs.  

Can Tribal Governments or Tribal members submit a claim?

Tribal Governments or Tribal members may submit a claim if they have suffered losses because of the Hermit’s Peak/Calf Canyon Fire.

Can you explain the role of arbitrators and explain how the arbitrators will ensure that claims are processed fairly and equitably?

After FEMA reviews the claimant’s Proof of Loss and makes an offer to settle the claim, if a claimant believes the offer does not fully compensate for their losses, they can file an administrative appeal to the director of the Claims Office.  After the appeal, if they still believe the claim was not properly valued, they can either file a lawsuit in the Federal District Court for the District of New Mexico or arbitrate the claim before an independent arbitrator. 

The arbitrators are independent and impartial – they will not be FEMA employees. FEMA will develop a roster of independent arbitrators who will be available to serve as arbitrators in individual claims. Arbitrators for individual claims will be selected randomly. The Hermit’s Peak/Calf Canyon Fire Claims Office is still developing procedures to implement the arbitration program and will provide more details when they are available. 

Can you explain the role of the Advocate?

The Hermit’s Peak/Calf Canyon Fire Claims Office will hire critical positions, including the Deputy Director, Navigators, Field Operations staff, the Claims Chief, and the Advocate, locally. By hiring these critical employees locally, we are trying to ensure that claims decisions take into account the unique culture and values of northern New Mexico,  

The Advocate will work with claimants to resolve conflicts and concerns that they do not feel are being addressed by their Navigator or the Claims Branch. The Advocate will identify challenges faced by claimants and will develop solutions to simplify the claims process. The Advocate will report directly to the Director of the Hermit’s Peak/Calf Canyon Fire Claims Office to ensure visibility and program accountability.

Do I have to apply for FEMA assistance before filing a claim with the Hermit’s Peak/Calf Canyon Fire Claims Office?

No, individuals do not have to apply with FEMA to pursue a claim through the Hermit’s Fire Assistance Grant.