Non-Insured Crop Disaster Attorneys

          The Non-insured Crop Disaster Assistance Program (NAP) is a program designed to help provided financial assistance to farmers and providers who have non-insurable crops.  If a natural disaster results in a lower yield or crop loss, or prevents crop planting, you can apply for financial assistance.  The program is designed to protect farmers from crop losses that would threaten their ability to continue to operate their farms.

       Our Agriculture and Crop Attorneys represent producers, farmers, and sharecroppers in filing for coverage, filing claims for crop loss, and appealing claim denials.  We work with your farm or production facility to provide thorough and detailed representation.    Our firm has specialized in working with and against the USDA for years  to protect our clients business and livelihood.  Put our experience to work for your claims today.

What Crops Are Covered by the NAP?

     The Non-Insured Crop Disaster Assistance Program doesn’t cover every type of crop, or every type of entity.  However, eligible producers include landowners, tenants or sharecroppers who share in the risk of producing an “eligible crop.”  Eligible crops must be commercially produced agricultural commodities for which crop insurance is not available, and fit any one of the following descriptions:

Crops Grown for Food

This category encompasses a number of food items, including grains, fruits and vegetables intended for human consumption.  However, they must not be insurable.

Crops Grown for Fiber

This category encompasses crops like cotton and flax, except it does not include trees.  

Specialty Crops

This category includes crops like honey and maple sap.  If they are insurable with crop insurance, they will not be eligible.

Industrial Crops

Crops used in manufacturing or grown as feedstock for renewable biofuel, renewable electricity or biobased products.

Crops for Livestock

This category includes grain and forage crops, including native forage, which are intended for livestock consumption.  These crops must not be insurable either.

Controlled Environment

This category includes crops that are grown in a controlled environment, like mushrooms and floriculture.  These crops must not be insurable either.

Sea Plant Crops

This category includes crops that grow in water, such as sea oats and sea grass.  These crops must not be insurable to qualify.

Value Loss Crops

This category includes things such as aquaculture, Christmas trees, ginseng, ornamental nursery and turf-grass sod. 

Non-Insured Crop Claims: Eligible Natural Disasters

The natural disaster giving rise to the crop loss claim must occur during the coverage period, before or during harvest, and must directly affect the eligible crop.  The coverage period varies depending upon the type of crop.  Eligible Natural Disasters are defined by the NAP as any of the following events:

  • Damaging Weather

    Damaging weather includes droughts, freezes, hail, excessive moisture, excessive wind or hurricanes.

  • Adverse Natural Occurrences

    This category includes earthquakes, floods, and under certain circumstances, fires.

  • Adverse Climate Conditions

    Adverse climate conditions include those that are related to damaging weather or adverse natural occurences, such as excessive heat, plant disease, volcanic smog (VOG) or insect infestation.

Non-Insured Crop Coverage Periods

Annual Crops Coverage Period

As a general rule, the coverage period for an annual crop begins at the latest date in which any of these events occur:

  • 30 days after application for coverage and the applicable service fees have been paid; or
  • The date the crop is planted (cannot exceed the final planting date).

The Coverage period of an annual crop ends on the earliest date of any of the following events:

  • Date the crop harvest is completed;
  • Normal harvest date for the crop;
  • Date the crop is abandoned; or
  • Date the entire crop acreage is destroyed.

Perennial Crop Coverage Periods

        Perennial crops, other than a crop intended for forage, begins 30 calendar days after the application closing date.  This period ends on the earliest date of any of the following events:

  • 10 months from the application closing date;
  • The date the crop harvest is completed;
  • The normal harvest date for the crop;
  • The date the crop is abandoned; or
  • The date the entire crop acreage is destroyed.

Perennial forage crops, controlled environment crops, specialty crops and value loss crops have different coverage periods.  To determine what these coverage periods are, contact the local Farm Services Agency office.

What Our Agriculture Attorneys Can Do For Your Farm

  • Applying for Coverage

              Our Non-Insured Crop Disaster Claims attorneys handle coverage applications for producers for a minimal fee.  We can advise and assist you with regard to coverage types, premium fees, and deadlines.  We can also help you determine whether or not you qualify for Service Fee and Premium Discounts.  If you qualify, the discount may help protect your crops at a reduced rate.

              Application closing dates are strict.  Accordingly, you can reach out to your FSA state committee to determine what the application closing date is for your type of crop.  Different crops have different application closing dates.  If you have questions about whether or not your crop qualifies, or how to apply for coverage, contact our agriculture attorneys today.

  • Filing NAP Claims

             Our attorneys can file your NAP claims with the Farm Service Agency, and present the documentation that you need to prevail on your claim.  However, filing a non-insured crop disaster assistance program claim is a time sensitive matter.  Claims must be filed within fifteen (15) calendar days of the earliest of the following events:

    1. A natural disaster occurrence;
    2. The final planting date if planting is prevented by a natural disaster;
    3. The date that damage to the crop or loss of production becomes apparent; or
    4. The normal harvest date.

               Producers of hand-harvested crops and certain perishable crops must make their claim within 72 hours of when a loss becomes apparent.  The crops subject to this 72-hour rule are listed in the NAP Basic Provisions.  Call our offices as soon as you realize a loss may occur so that we can start the claim process for you.

  • Non-Insured Crop Disaster Claim Appeals

    The USDA regularly denies NAP claims by producers and farmers.  Our attorneys can handle your appeal, and present a thorough and detailed case to the Administrative Judge.  Our experience can help reverse a NAP claim denial, and under some circumstances, have your attorney's fees and costs paid for by the USDA.  These cases are time sensitive, so as soon as you receive a claim denial, contact our attorneys immediately.