Dvorak Law Group has assisted clients all over the country in every level of the Paycheck Protection Program (“PPP”), from the loan application, the forgiveness application, audits from governmental agencies, and appeals at both the administrative and federal level.  Given the success we have had with our clients’ PPP loans being forgiven, we have had a number of new clients reach out to us to assist them with the audit and appeal process for their PPP loans.

As a result, Dvorak Law Group currently has numerous appeals pending regarding forgiveness denials of both first and second-round PPP loans.  These include, but are not limited to, appeals relating to:

  • Improper findings of affiliation,
  • Impermissible classification of businesses, their employees, and contractors,
  • Failure to waive the affiliation rules,
  • Incorrect calculation of corporate group maximum limits,
  • Improper retroactive application of the PPP laws and regulations,
  • Failure to follow the strict language and purpose of the CARES Act,
  • Impermissible extension of statutory authority, and
  • Failure to properly determine eligibility.

Dvorak Law Group has had a number of successful appeals relating to these issues and other PPP-related matters.  For example, after Dvorak Law Group filed a detailed appeal for a client, the SBA did a re-review of the matter and granted full forgiveness of the clients’ PPP loan without going through the entire appeal process.  Further, Dvorak Law Group recently received a decision at the administrative level that found the SBA clearly erred when it improperly applied the law to deny forgiveness of our client’s PPP loan.

If you have been contacted by a government agency regarding your PPP loan, whether it relates to an audit or denial of your PPP loan forgiveness application, the attorneys at Dvorak Law Group may be able to assist you in your matter.   If you have received a final decision from the SBA denying forgiveness of your PPP loan, you must file an appeal within 30 days.  Failure to file an appeal may waive your right to appeal the SBA’s final loan decision.  It is imperative to contact an attorney as soon as possible within this timeframe in order to get an appeal on file within the deadline. 

Even if you have filed an appeal without the assistance of an attorney, Dvorak Law Group may be able to assist you in later stages of the appeal process.

The information provided is intended to be a general guideline and should not be considered professional advice. Every client’s unique circumstances will be considered and may vary the guidelines described above. Please contact David R. Mayer, Seth J. Moen, or Tiffany S. Boutcher for specific questions and recommendations. We look forward to the opportunity to assist you.