The U.S. Small Business Administration recently gave its internal Office of Hearings and Appeals jurisdiction to hear appeals of loan review decisions under the Paycheck Protection Program (PPP)—a program instituted by the CARES Act to help small businesses grapple with the economic hardship caused by COVID-19. Borrowers can appeal final written decisions, issued by SBA after it completes a review of a PPP loan, that find a borrower: (1) was ineligible for a PPP loan; (2) was ineligible for the PPP loan amount received or used the PPP loan proceeds for unauthorized uses; (3) is ineligible for PPP loan forgiveness in the amount determined by the lender in its full approval or partial approval decision issued to the SBA; or (4) is ineligible for PPP loan forgiveness in any amount when the lender has issued a full denial decision to SBA.
Schoonover & Moriarty attorneys have significant experience advising clients on PPP eligibility and representing clients before SBA’s Office of Hearings and Appeals. Thus, they are uniquely positioned to assist borrowers who wish to take advantage of this new avenue for reviewing SBA’s eligibility and loan forgiveness decisions under the PPP.