PPP appeals

Types of appeals

OHA has jurisdiction over appeals where SBA has provided the borrower with a PPP final loan review decision finding the borrower:

• is ineligible for a PPP loan;
• is ineligible for the PPP loan amount received;
• used the loan proceeds for unauthorized uses;
• is ineligible for the PPP loan forgiveness amount determined by the lender in its full or partial approval decision issued to SBA; or
• is ineligible for PPP loan forgiveness when the lender has issued a full denial decision to SBA.

OHA does not have jurisdiction over decisions made by lenders concerning a PPP loan. If you would like to dispute a decision made by your lender, please contact your lender directly.

Time limits for filing an appeal

As a borrower, you have 30 calendar days after receipt of the final SBA loan review decision to file a PPP appeal.

Lenders and individual owners of a borrower entity do not have standing to appeal a final SBA loan review decision.

Where to file

Appeals must be filed at appeals.sba.gov.  Filings for PPP appeals received in any other manner may be rejected and not docketed for processing.

Appeal contents

You will be asked to provide the following information when filing your appeal:

• a copy of the final SBA loan review decision being appealed (see a sample SBA loan review decision);
• a full and specific statement as to why SBA’s loan review decision is alleged to be erroneous, with all factual information and legal arguments supporting the allegations; and
• the name, address, telephone number, and email address of the borrower or the borrower’s attorney.

Loan deferment during appeal

In order to extend the deferment period of the PPP loan until OHA’s decision becomes final, Appellants must provide their lender with a copy of their appeal.

Rules and regulations

This guidance does not contain the full procedural rule for OHA PPP Appeals and is only intended to provide an overview of the basic requirements for filing a PPP appeal with OHA. For more detailed information on the procedures for filing a PPP appeal with OHA, please review the PPP procedural rule.

For additional clarification of filing deadlines for appeals, motions, administrative records, and responses, see the Administrative Order for Deadlines of all other PPP Filings.

For information about how to request review of a partial loan forgiveness decision made by a PPP lender, see SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness Decisions.

Next steps

After filing your appeal, you should receive your first order from OHA that will provide you with information going forward. However, OHA may dismiss any appeal that is incomplete, untimely, beyond OHA’s jurisdiction, or otherwise deficient.

You may also be instructed to provide more information, with a strict deadline.  Update notifications on your appeal will be sent by email, so please be attentive to your email inbox.

Unless it appears that the appeal will be dismissed, the OHA judge assigned to your appeal will issue a notice and order setting a date for:

• the production of the Administrative Record by SBA,
• the date the Appellant can object to the Administrative Record, and
• the date SBA may respond to the appeal (the date the record closes).

OHA cannot provide legal advice on your appeal. For general inquiries regarding how to file your PPP appeal, please contact OHApppinquiries@sba.gov.