Hispanic and Women Farmers and
Ranchers Claims Resolution Process

WHO IS COVERED?

1. My mother or father is deceased now. Can I still submit a claim on their behalf?

   The Claim Package and Framework explain the requirements for participating in this process on behalf of another person. If you have questions, you can consult with counsel or other legal service providers in your community.

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2. I don’t have a denial letter or any documents from USDA. Am I eligible for a claim and if so what do I need to provide?

   You may be eligible to submit a claim depending on your specific circumstances. You may request a Claim Package and review the eligibility criteria contained in the Claim Package. If you have questions, you can consult with counsel or other legal service providers in your community.

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SUBMITTING A CLAIM?

3. How do I submit a claim?

   If you request a claim through this website on the Request a Claim Package page or if you provide your contact information to a Call Center agent by calling 1-888-508-4429, you will receive a Claim Package from the Claims Administrator. You will need to complete the Claim Package and submit it to the Claims Administrator before the deadline of March 25, 2013 to begin the claims process. Once you receive the package, there will be additional information on the next steps to complete.

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4. What kind of documentation will I be required to provide?

   Details of the documentation needed will be in the Claim Package.

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5. If I filed a Civil Rights complaint with USDA and provided documents, do I have to provide them again?

   Yes. All information for this process will have to be provided by you directly to the Claims Administrator based on the instructions in the Claim Package, which must be followed very carefully.

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6. Is there a deadline to submit a claim?

   Yes. The deadline will be 180 days after the USDA publicly announces the start of the Claims Period. Your Claim Package will specify the deadline for filing a claim.

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7. Does it cost anything to submit a claim?

   No, there are no fees or charges for you to receive a Claim Package or to submit your claim. The Claim Package will include documentation regarding eligibility, the steps for you to take to file a claim, and the Administrator’s contact information for processing inquiries. The Claims Administrator cannot offer you legal advice. You may consult with counsel or other legal service providers in your community.

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COURT FILING QUESTIONS

8. In which Court can I file my complaint to be part of the Program?

   Information about this process is provided in the Claim Package. The Claims Administrator cannot offer you legal advice; however, you can consult with counsel or other legal service providers in your community.

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9. Do I need to join in one of the already existing cases or class actions to participate in the Program?

   Information about this process will be provided in the Claim Package. The Claims Administrator cannot offer you legal advice; however, you can consult with counsel or other legal service providers in your community.

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DECISIONS ON CLAIMS

10. Who will determine if I’m eligible for an award?

    An experienced, independent claims adjudicator, JAMS Inc., will make the determination of eligibility based upon criteria contained in the Claim Package.

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11. How will I know if the Claims Administrator has received my claim?

    The Claims Administrator will have a tracking system in use for your claim. You will be able to track the status on this website on the Check Your Claim Status page, or call the Claims Administrator to confirm they have your claim.

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12. What happens if my claim form is not complete?

    The Claims Administrator will let you know in writing if the Claim Package is complete and if not, what else is needed.

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WHAT SUCCESSFUL CLAIMANTS RECEIVE

13. What types of relief are available?

    Successful claimants may be eligible for a monetary payment and relief of some FSA loans. Further details will be included in the Claim Package.

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14. What type of debt relief am I eligible for?

    The Claims Adjudicator will determine whether you are eligible for FSA loan debt relief. USDA will not be providing debt relief for other financial institutions under this Claims Process.

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QUESTIONS RELATING TO ATTORNEYS

15. Does my attorney get compensated on top of my award payment?

    The Claims Administrator cannot offer you legal advice; however, you can consult with counsel or other legal service providers in your community.

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16. Do I need to hire a lawyer to help me with my claim?

    USDA does not require you to hire a lawyer to participate in this Program. If you have questions, you may consult with counsel or other legal service provider in your community.

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WRONG PROGRAM

17. I have been discriminated against by USDA but am not Hispanic or a woman. What do I do?

    You may contact the USDA Office of the Assistant Secretary for Civil Rights. Information about filing a civil rights complaint about current discrimination is available on the website of the Office of the Assistant Secretary for Civil Rights. Here is their contact information:

    Mail
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights, Stop 9410
    1400 Independence Avenue, SW
    Washington, DC 20250-9410
    
    Website
    http://www.ascr.usda.gov
    
    Phone
    (866) 632-9992
    
    Fax
    (202) 619-6853
    
    E-mail
    program.intake@usda.gov
    
    

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OBTAINING ADDITIONAL INFORMATION

18. Is assistance available in Spanish? Hay asistencia disponible en español?

    Yes, haz clic aquí para ver este sitio web en español. Spanish and English speaking agents are available by calling the Claims Administrator at 1-888-508-4429, toll free.

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19. Where can I get more information?

    You may obtain updated information by periodically visiting this website or by calling the Claims Administrator at 1-888-508-4429, toll free.

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20. Are there any documents that detail the Claims Resolution Process?

    Yes, the Framework is the detailed document that describes the Claims Resolution Process, the rights and obligations of the Claimants, the benefits offered as well as the roles and responsibilities of the Claims Administrator and Claims Adjudicator. The Framework and additional documents regarding the Claims Resolution Process can be found on the Documents page of this website.

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QUESTIONS BY PARTICIPANTS IN THE CLAIMS PROCESS

21. Where should I send my claim package, documents or correspondence?

    Please include the case name (“Hispanic and Women Farmers and Ranchers”), your name, your Tracking Number and return address on all correspondence. The mailing address is:

    Hispanic and Women Farmers and Ranchers Claims Administrator
    PO Box 4540
    Portland, OR 97208-4540
    
    
    Please be sure to keep a copy of any document that you mail to us.

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22. May I provide documents by fax or email?

    No, all documents, claim forms and other correspondence should be mailed through the U.S. Postal Service. Please be sure to keep a copy of any document that you mail to us.

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23. How do I submit a claim?

    The claims period will run from September 24, 2012 until March 25, 2013. You must submit a complete Claim Package, including all required documents, within that period. The Claims Administrator will determine whether you submitted a timely and complete Claim Package. The Claims Administrator’s decisions are final and cannot be appealed.

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24. What kind of documentation will I be required to provide?

    Details are provided in the Claim Package.

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25. Is there a deadline to submit a claim?

    Yes, your claim must be postmarked on or before March 25, 2013.

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26. Does it cost anything to submit a claim?

    No, there are no fees or charges for you to receive a Claim Package or to submit your claim. The Claim Package will include documentation regarding eligibility, the steps for you to take to file a claim, and the Claims Administrator's contact information for processing inquiries. The USDA or the Claims Administrator cannot offer you legal advice. If you have questions, you may consult with a lawyer or another legal service provider. However, if you consult your own lawyer, you will be responsible for any fees incurred.

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27. How can I get assistance filing a claim?

    Lawyers or legal aid organizations may be of assistance to you in filing a claim. Neither USDA nor the Claims Administrator is permitted to complete the Claim Package for you or provide you with legal advice.

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28. Can I change my Tier Election?

    No, once a claim is submitted you may not change your Tier Election.

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29. Can I submit additional information/documents that I believe will affect the outcome of my claim?

    You may submit additional information prior to the Claims Deadline. However, if your claim has moved onto the Claims Adjudicator, we cannot guarantee that it will be taken into consideration.

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30. Will I have a chance to correct any errors or omissions on my claim?

    If there are errors or omissions on your timely Claim Form, the Claims Administrator will notify you in writing that your Claim Package is incomplete and you will have 30 days to provide the missing information. Failure to provide the information within that time frame will result in the denial of your claim.

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31. I received a letter stating that the Claims Adjudicator had additional questions or needs additional documents from me. What does this mean?

    This is not an acceptance or denial of your claim and only means that the Claims Adjudicator would like additional information in order to fully understand and review your claim. Please provide the requested information as soon as possible.

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CLAIMS REVIEW PROCESS

32. I have submitted my claim to the Claims Administrator. Now what happens?

    Once you submit your claim to the Claims Administrator, the Claims Administrator will determine if it is timely and complete. If it is, the claim will move to the Claims Adjudicator for a determination on the merits of the claim. USDA may submit evidence to the Claims Adjudicator regarding the claim. You will receive notification once your claim has been decided. If your claim is not complete, you will be notified by the Claims Administrator and given the opportunity to provide additional information within a certain timeframe. Additionally, you may check the status of your claim on this website by clicking here.

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33. Who will determine if I'm eligible for an award under the Claims Resolution Process?

    Your claim will be decided by a Claims Adjudicator (a neutral third party) with independent decision-making authority, based on the information that you submit in the Claim Package and any response by USDA. The Claims Adjudicator’s decisions are final and cannot be appealed.

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34. Are the claims submitted under penalty of perjury?

    Yes. Every claim must be submitted under penalty of perjury. USDA reserves the right to submit evidence to the Claims Adjudicator regarding any claim. All claims will be subject to random audits and other reviews, and fraudulent claims will be denied and are subject to potential prosecution.

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35. How will I know if the Claims Administrator has received my claim?

    The Claims Administrator will send a letter to you acknowledging receipt of your claim. Additionally, you may check the status of your claim on this website by clicking here.

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INCOMPLETE LETTERS

36. How long do I have to correct the errors and/or omissions on my claim?

    The letter from the Claims Administrator will provide instructions. Your response must be postmarked within 30 days of the date your Incomplete Claim letter was sent. Your specific postmark response date can be identified on the Incomplete Claim Letter you received.

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QUESTIONS REGARDING THE CLAIMS ADMINISTRATOR AND/OR CLAIMS ADJUDICATOR

37. What is the Claims Administrator’s connection to the USDA?

    The Claims Administrator is a legal services firm hired to fulfill certain administrative responsibilities in this Claims Resolution Process. The Claims Administrator is a neutral third party.

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38. Who is the Claims Adjudicator?

    The Claims Adjudicator is also a legal services firm hired to fulfill the adjudication process in this Claims Resolution Process. The Claims Adjudicator is also a neutral third party.

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39. How will my information be protected?

    As a long-established legal services firm, the Claims Administrator’s systems are designed to afford utmost protection and security for the information provided to us. Further, the Claims Administrator is obligated to fulfill the security requirements mandated by the USDA in this Claims Resolution Process.

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40. Is it possible to password protect my file?

    If you wish to do so, you can write a letter to the Claims Administrator establishing a password, and asking that no information on the file can be shared unless the caller can provide the established password.

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41. Who is authorized to establish a password on an Estate file?

    The legal representative of the estate.

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QUESTIONS REGARDING ADDRESS AND NAME CHANGES

42. What is the procedure for changing my address?

    Please send requests in writing via U.S. Mail. The request should include your full name, old address, current address/telephone number, updated information and your signature. Please also include your tracking number on any correspondence that you send to the Claims Administrator. Please send to:

    Hispanic and Women Farmers and Ranchers Claims Administrator
    PO Box 4540
    Portland, OR 97208-4540
    

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43. What is the procedure for changing my name?

    Please send requests in writing via U.S. Mail. The request should include your full name, prior name, current address/telephone number, updated information and your signature. Please also include your tracking number on any correspondence that you send to the Claims Administrator. Please send to:

    Hispanic and Women Farmers and Ranchers Claims Administrator
    PO Box 4540
    Portland, OR 97208-4540
    

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CONCERNS REGARDING FRAUD, SCAMS, ETC.

44. I was charged a fee for a claim form. Is this correct?

    No.

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45. I’m concerned that someone is running a scam related to this process. I would like to report this information.

    You may contact the USDA Office of the Inspector General. Here is their contact information:

    Call:
    800.424.1622
    202.690.1622
    202.690.1202 (TDD)
    
    Fax:
    202.690.2474
    
    Write:
    United States Dept. of Agriculture
    Office of Inspector General
    PO Box 23399
    Washington, DC
    20026-3399
    
    Website:
    www.usda.gov/oig
    
    Email:
    usda.hotline@oig.usda.gov
    
    

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