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If your Employee Retention Tax Credit (ERTC/ERC) claim was denied, delayed, or flagged for review, our attorneys help businesses fight back, challenge IRS decisions, and recover the refund they are legally entitled to.

ERTC Tax Attorney

ERC Appeals & Litigation for Denied or Unpaid Claims

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Are You Struggling To Get Your Owed Employee Retention Credit?

If the IRS has not taken action on your Employee Retention Credit (ERC/ERTC) claim within six months, you have the legal right to file a lawsuit in federal district court or the U.S. Court of Federal Claims. This option allows you to challenge excessive delays and take control of your case instead of waiting indefinitely for the IRS to respond.


Filing a lawsuit moves your claim out of the IRS’s backlog and places it before a neutral federal judge who can enforce deadlines and ensure a fair, timely review. For many businesses, this is the most effective way to break through stalled claims and push the process forward.


At Green Country Law Group, we focus exclusively on ERTC appeals, disputes, and litigation. Our attorneys understand the complex rules and documentation needed to support these claims, and we use proven legal strategies to challenge IRS inaction and fight for the refund your business is owed.

Common ERTC Problems We Resolve

  • Denied or disallowed ERTC claims
  • IRS audits, reviews, and examinations
  • Claims stuck in processing or long delays
  • Incorrect filings by PEOs or third-party consultants
  • Missing or insufficient documentation
  • Supply-chain disruption claims questioned by IRS
  • Shutdown or restriction eligibility disputes
  • Partial approvals or reduced refund amounts
  • Penalty and interest assessments related to ERTC
  • Misclassification of employees or wage calculations
  • Aggregation-rule issues for multi-entity businesses
  • Refunds held due to “high-risk” IRS scoring flags

Your ERC Case May Still Stand If You Were Affected by Any of the Following:

Full or Partial Shutdowns Due to Government Orders

shutdownhours of operation

Decreased Hours of Operation Required by Government Orders

Supply-chain disruptions caused by government orders (must be documented)

supply chain interruptionsinability to work with key vendors

Inability to work with key vendors because of government orders

Talk with our team today to see how we can help you challenge delays, denials, or disputes.

Your Case Deserves More Than an ERC Mill

ERC Mills / Consultants

  • No licensed tax attorneys
  • No IRS audit defense or legal representation
  • Automated, one-size-fits-all claims
  • High risk of miscalculations and incomplete documentation
  • Many have been closed or penalized by federal agencies
  • Direct access to an experienced tax attorney
  • Personalized, case-specific claim review
  • Legally compliant documentation that supports eligibility
  • Full audit defense and support during disputes
  • Strategic guidance for appeals, delays, and litigation

Green Country Law Group

Meet Our Tax Law Team

Wayne Bailey

Wayne Bailey, Managing Attorney
Jared A. DeSilvey, Member Attorney

Jared A. DeSilvey

Deni S. Ketterman, Senior Associate Attorney

Deni S. Ketterman

Member Attorney

Senior Associate Attorney

Managing Attorney

Why is my ERC claim taking so long?

Many ERTC claims are delayed due to IRS backlogs, increased audits, and heightened scrutiny of past filings. Even legitimate claims are facing long processing times, often exceeding a year.

Can I sue the IRS if they haven’t processed my ERC claim?

Yes. If the IRS has not acted on your claim within six months, you can file a lawsuit in federal district court or the U.S. Court of Federal Claims to force a decision and move your case forward.

What happens when I file an ERC lawsuit?

Filing a lawsuit removes your case from the IRS’s control and places it before a neutral federal judge. This helps establish clear timelines, requires the IRS to respond, and often speeds up resolution.

Do I need an attorney for an ERC appeal or lawsuit?

Yes. ERC appeals and litigation involve complex tax law, documentation, and legal arguments. An experienced tax attorney increases your chances of a successful outcome.

My ERC claim was denied — can I appeal?

Absolutely. Many denials are caused by missing documentation, misinterpretation of shutdown rules, supply-chain issues, or errors by ERC promoters. An appeal can correct these issues and challenge the IRS’s decision.

What if my business used a PEO or ERC consultant?

We handle cases involving PEOs, payroll providers, and third-party ERC firms. Even if the original filer made mistakes, you may still have a valid claim.

What documents do I need for an ERC appeal or lawsuit?

Common documents include payroll records, shutdown orders, revenue comparisons, supply-chain evidence, and prior ERC filings. Our team helps reconstruct and strengthen documentation as needed.

How do I know if my ERC claim is still valid?

Even if the IRS questioned your eligibility, you may still qualify based on shutdown orders, operational restrictions, vendor disruptions, or other documented impacts.

Common Questions

If your ERTC claim has been delayed, denied, or pulled into an IRS audit, you don’t have to face the process alone. Our attorneys review your case, assess your eligibility, and outline the strongest legal options to move your claim forward — whether through appeal, reconsideration, or litigation.


Get a clear path toward recovering the refund your business is entitled to. Complete the form to request your attorney-led ERTC review today.

Protect Your ERC Claim — Speak With an Attorney Before You Give Up

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