30-Day Deadline to Appeal PPP Forgiveness Denial

So you just received an SBA denial of your PPP loan forgiveness application, and buried somewhere in that letter is language about having “30 days to appeal.” Your probably feeling overwhelmed by the denial itself, and the appeal deadline might seem like just another detail to worry about later. But that 30-day deadline is the single most critical piece of information in the entire letter. It’s not a suggestion or a guideline—it’s an absolute, strictly-enforced deadline that determines whether you have any chance of challenging the denial or whether your stuck with the SBA’s decision permanently. We’ve seen borrowers with strong cases—situations where the SBA clearly made errors that could have been overturned on appeal—lose all there rights because they didn’t understand how serious the 30-day deadline is and missed it by even a single day.

The 30-day deadline to appeal an SBA PPP forgiveness denial is governed by federal regulations that give the SBA Office of Hearings and Appeals very limited discretion to accept late appeals. Once those 30 calendar days pass, your appeal rights are gone. There’s no “I was busy,” no “I didn’t understand,” no “I was gathering documents”—the deadline is absolute except in the most extraordinary circumstances. What makes this particularly stressful is that 30 days goes by fast, especially when your trying to process a devastating denial, figure out what to do, gather documentation, possibly consult with an attorney, and prepare an appeal. Many borrowers don’t even realize there dealing with a strict deadline until they’ve already wasted a week or two, at which point they’re scrambling to meet a deadline they didn’t take seriously at first.

This article explains everything you need to know about the 30-day deadline to appeal PPP forgiveness denials. We’ll cover exactly how the deadline is calculated (including what “receipt” means and how weekends and holidays affect the timeline), what happens if you miss the deadline, whether late appeals are ever accepted, how to preserve your rights if you’re close to the deadline, what you need to file to meet the deadline even if your appeal isn’t perfect, and practical tips for managing the timeline. We’ll also discuss the consequences of missing the deadline—what options (if any) you have once your appeal rights expire. If you’ve received a forgiveness denial and there’s a 30-day deadline mentioned in the letter, read this entire article carefully and start counting days immediately.

How Is the 30-Day Deadline Calculated?

The 30-day appeal deadline is governed by 13 CFR § 134.1203, which states that an appeal petition must be filed within 30 calendar days of the borrower’s receipt of the SBA’s final loan review decision. Understanding how to calculate this deadline correctly is critical:

Day 1 is the day after you receive the decision. The regulations say you don’t count the day the time period begins, but you do count the last day. So if you received the SBA’s denial letter on May 1, you don’t count May 1 as Day 1—you count May 2 as Day 1. Your 30-day deadline would expire on May 31 (counting May 2 through May 31 gives you 30 days). This can be confusing because it means you don’t count the actual receipt date, so your deadline is 31 days from receipt, not 30.

Count calendar days, not business days. Weekends and holidays count toward your 30 days. You can’t skip Saturdays, Sundays, or federal holidays—they all count as days 1 through 30. The only exception is if your 30th day falls on a weekend or federal holiday, in which case the deadline extends to the next business day. For example, if your 30th day would be Saturday, May 31, your deadline extends to Monday, June 2 (assuming June 2 isn’t a federal holiday). But you only get this extension if the 30th day itself falls on a weekend or holiday—if it falls on a weekday, that’s your deadline regardless of how many weekends occurred during the 30-day period.

Receipt date matters, not the date on the letter. The deadline runs from when you actually received the decision, not from the date the decision was issued or the date printed on the letter. For decisions sent by mail (which is how most are transmitted), “receipt” is generally presumed to be a few days after the date on the letter based on normal mail delivery times. However, if you can prove you received it on a different date—for example, if you were out of town and didn’t pick up your mail until a week after it arrived—you count from when you actually received it. The burden is on you to prove the actual receipt date if it differs from the presumed date. Keep the envelope showing the postmark, document when you retrieved mail from your PO box, or save any delivery tracking information.

For electronic delivery, receipt is when it was delivered to your inbox. If the SBA sent the decision electronically (less common but possible), receipt is the date the email was successfully delivered to your email account, not the date you opened or read it. If it was delivered May 1, your 30-day deadline starts May 2, even if you didn’t actually read the email until May 5.

What Happens If I Miss the 30-Day Deadline?

Missing the 30-day deadline has severe consequences: you lose your right to appeal, period. The SBA Office of Hearings and Appeals will dismiss untimely appeals without considering the merits of your case. Here’s what that means in practice:

Your appeal will be dismissed. If you file an appeal even one day late, OHA will issue an order dismissing the appeal for untimely filing. The order will explain that appeals must be filed within 30 days and that your appeal was filed on Day 31 (or whatever day it was), making it untimely. The dismissal is procedural—OHA won’t even look at whether the SBA’s denial was right or wrong, because you didn’t meet the threshold requirement of timely filing.

The SBA’s denial becomes final. Once the 30-day appeal deadline passes without you filing an appeal, the SBA’s decision becomes final and unappealable. There’s no second chance to file a late appeal unless you can show extraordinary circumstances that excused the late filing (more on that below). The denial stands, and you have to repay the unforgiven portion of the loan according to the loan terms.

You can’t submit a new forgiveness application. Once the SBA has issued a final decision on your forgiveness application and the appeal deadline has passed, that decision is binding. You can’t start over and submit a new forgiveness application hoping for a different outcome. The forgiveness determination is final.

Your options become extremely limited. After the appeal deadline passes, your formal legal remedies are exhausted. You might be able to request informal reconsideration from the SBA (asking them to voluntarily reconsider even though you missed the appeal deadline), but the SBA has no obligation to do so and rarely grants such requests. You might be able to pursue federal court litigation seeking judicial review of the SBA’s decision, but that’s expensive, difficult, and faces high hurdles. For most borrowers, missing the appeal deadline means the denial sticks and you focus on managing the repayment obligation rather than challenging the denial.

Are Late Appeals Ever Accepted?

In extremely narrow circumstances, OHA has discretion to accept a late appeal if you can show that the delay was caused by circumstances beyond your control AND that you filed as soon as those circumstances were resolved. However, this exception is very rarely granted. Here are examples of what might (and might not) qualify:

Circumstances that might excuse late filing:

• You were hospitalized in a coma or incapacitated during the entire 30-day period, and you filed immediately upon regaining capacity
• A natural disaster (hurricane, earthquake, flood) prevented you from accessing the filing system during the appeal period, and you filed as soon as access was restored
• The SBA gave you written incorrect information about the deadline that you reasonably relied on—for example, if an SBA representative told you in writing that you had 60 days to appeal when the actual deadline was 30 days
• There was a death in your immediate family during the appeal period AND you filed shortly after the funeral with evidence of the death and how it prevented you from filing timely

Circumstances that do NOT excuse late filing:

• “I was busy” or “I had other priorities”
• “I didn’t understand the deadline was strict”
• “I was gathering documents and ran out of time”
• “I was trying to work with my lender to resolve it informally”
• “I was looking for an attorney and it took longer than expected”
• “I had a vacation planned during the appeal period”
• “My business was understaffed and I couldn’t focus on this”
• “I didn’t think the deadline applied to me”

The standard is extremely high—basically, you need to show that it was literally impossible for you to file on time through no fault of your own, and that you filed immediately once the impossible circumstances ended. Mere inconvenience, competing priorities, lack of understanding, or difficulty gathering documentation don’t meet this standard. OHA dismisses the vast majority of late appeals, and the exceptions are truly exceptional situations.

If you’re considering trying to file a late appeal with an explanation for why it should be accepted, consult with an attorney first. An experienced attorney can evaluate whether your circumstances are likely to meet the extraordinary standard, and can present your case most persuasively if you proceed. But don’t count on a late appeal being accepted—assume the 30-day deadline is absolute and act accordingly.

What Should I Do Right Now If I Just Received a Denial?

If you’ve just received an SBA denial of your PPP forgiveness, take these immediate steps:

Step 1: Calculate your exact deadline. Count 30 calendar days from the day after you received the denial letter. Mark this date prominently on your calendar. Set multiple reminders—one for 7 days before the deadline, one for 3 days before, and one for the day before. Treat this deadline as absolutely critical, because it is.

Step 2: Preserve proof of when you received the denial. Keep the envelope if it was mailed (showing the postmark). Save any delivery tracking information. Document when you picked up mail from your PO box if relevant. If it was sent electronically, save the email with the delivery date visible. If there’s ever a dispute about whether your appeal was timely, you’ll need proof of when you received the denial to calculate whether your appeal was within 30 days.

Step 3: Gather key documents immediately. Even if you haven’t decided whether to appeal, start gathering critical documents right away: your PPP loan application, promissory note, forgiveness application, all supporting documentation you submitted, correspondence with your lender, bank statements, and the SBA denial letter itself. You’ll need these documents if you appeal, and gathering them takes time. Don’t wait until Day 25 to start collecting documents—start now.

Step 4: Consult with an attorney quickly. Contact an attorney experienced in PPP appeals within the first few days of receiving the denial. Most firms offer free consultations where they’ll review your denial letter, assess whether you have a strong case for appeal, and explain what would be involved. This consultation doesn’t commit you to anything, but it gives you information to decide whether to appeal. Don’t wait until Day 20 to start looking for an attorney—by then, you might not find someone who can take your case with such a short deadline, or there might not be enough time to prepare a strong appeal.

Step 5: Decide whether to appeal by Day 20 at the latest. You need to make a decision about whether to appeal with enough time remaining to actually prepare and file the appeal. If you wait until Day 28 to decide to appeal, you might not have time to prepare an adequate appeal petition. By Day 20, you should know whether your appealing, so you have 10 days to prepare and file. If you’re appealing with legal representation, your attorney will need several days to prepare the petition, so don’t leave it until the last minute.

What If I’m Running Out of Time and Don’t Have a Perfect Appeal Ready?

If your approaching the 30-day deadline and you haven’t finished preparing your appeal, here’s an important principle: it’s better to file an imperfect appeal that preserves your rights than to miss the deadline trying to make everything perfect. Here’s how to handle tight deadlines:

File a basic appeal to preserve your rights. Even if you don’t have all your supporting documents assembled or your legal arguments fully developed, file an appeal petition that includes the minimum required components: (1) a copy of the SBA’s decision, (2) the date you received it, (3) a statement that you believe the decision was erroneous and you’re appealing, and (4) identification of what relief your seeking. This basic filing preserves your appeal rights and gets your case docketed with OHA.

You can supplement your appeal after filing. Once your appeal is filed and docketed, you’ll have opportunities to file supplemental briefs, submit additional documentation, and develop your legal arguments more fully. OHA’s procedures allow for additional submissions after the initial appeal petition. So if your in a time crunch, file a minimal petition that meets the deadline, and then file a comprehensive supplemental brief a week or two later with all your evidence and fully-developed arguments.

File electronically early on the deadline day. If your deadline falls on a particular day, don’t wait until 11:59 PM to file. The appeals.sba.gov system could experience technical problems, your internet could fail, or you could encounter other issues. File in the morning or afternoon of your deadline day to leave buffer time in case something goes wrong. And if your deadline is getting close and you haven’t filed yet, file immediately even if you’re still working on perfecting your petition—you can always file an amended version later, but you can’t restore appeal rights once the deadline passes.

Don’t sacrifice timeliness for completeness. It’s tempting to think “I’ll file a really thorough, perfect appeal even if it takes an extra couple days” but that’s a catastrophic mistake. A timely but imperfect appeal gives you a chance to win. A perfect but late appeal will be dismissed without consideration. Always prioritize the deadline over perfection.

Does Filing an Appeal Affect My Repayment Obligations?

Yes, in a beneficial way. If you file a timely appeal of the SBA’s denial, your loan repayment obligation is deferred until OHA issues its final decision on your appeal. Here’s how this works:

Under PPP rules, your loan repayment is deferred while your forgiveness application is pending with your lender and the SBA. Once the SBA issues a final decision denying or reducing your forgiveness, the deferment period would normally end and you’d have to start making payments on the unforgiven balance. However, if you file a timely appeal to OHA, the regulations extend the deferment period through the appeal process. Your lender cannot demand payments on the unforgiven balance while your appeal is pending at OHA.

To ensure your lender knows about the appeal and extends the deferment, you must provide your lender with a copy of your timely appeal petition. Send it to your lender’s PPP servicing department via email (with read receipt) or certified mail (with return receipt) immediately after filing. Include a cover letter stating: “Pursuant to PPP regulations, enclosed is a copy of the timely appeal filed with the SBA Office of Hearings and Appeals. Please extend the deferment period on this loan until OHA issues a final decision on the appeal.”

The extended deferment means you don’t have to make payments during the appeal (which typically takes several months to a year), giving you financial breathing room while the appeal is decided. However, interest continues to accrue on the unforgiven balance at 1% annually during the deferment period. So if you ultimately lose the appeal, you’ll owe slightly more than if you’d started repaying immediately after the denial. But for most borrowers, the chance of winning the appeal and getting additional forgiveness is worth the modest additional interest cost.

What Common Mistakes Do Borrowers Make With the 30-Day Deadline?

We’ve seen borrowers make these critical mistakes with the 30-day appeal deadline:

Mistake #1: Not taking the deadline seriously initially. Borrowers receive the denial, read it briefly, think “I’ll deal with this later,” and put it aside. Two weeks pass, then three weeks, and suddenly they realize the deadline is days away and they haven’t even started preparing an appeal. By then, it’s often too late to prepare adequately or find an attorney. The moment you receive a denial mentioning a 30-day deadline, treat it as urgent and start acting immediately.

Mistake #2: Waiting to consult an attorney until it’s too late. Borrowers spend weeks researching on there own, trying to understand the PPP rules and figure out if they have a case, and finally decide to call an attorney with a few days left before the deadline. At that point, most attorneys can’t take the case because there’s not enough time to review it properly and prepare an appeal. Call an attorney in the first few days after receiving the denial, not in the last few days before the deadline.

Mistake #3: Miscalculating the deadline. Borrowers count 30 days starting from the date on the denial letter (wrong—you count from receipt date), or they forget that “don’t count the first day” rule and count the receipt date as Day 1 (making their deadline one day earlier than it actually is), or they miscalculate when weekends and holidays affect the timeline. Use a calendar, count carefully, and when in doubt, assume the earliest possible deadline rather than the latest.

Mistake #4: Thinking they can just pay back the loan and avoid the whole appeal process. Some borrowers decide to repay the loan instead of appealing, not realizing that if they have a strong appeal case, they might be able to get the denial overturned and not have to repay at all. Before deciding to skip appealing and just repay, at least consult with an attorney to understand whether you have a viable appeal case. You can always choose to repay if your case is weak, but you can’t restore appeal rights once the deadline passes.

Mistake #5: Not notifying the lender of the appeal. Borrowers file appeals with OHA but forget to notify there lender, and then the lender starts demanding payments because they don’t know about the appeal and the extended deferment. Always send your lender proof of your appeal filing immediately after filing with OHA.

What Are My Options If I’ve Already Missed the Deadline?

If you’ve already missed the 30-day appeal deadline and you don’t have extraordinary circumstances that would excuse the late filing, your options are limited but not necessarily zero:

Request informal SBA reconsideration. Contact the SBA and request that they voluntarily reconsider the denial even though the appeal deadline has passed. This is informal, discretionary, and rarely successful, but it costs nothing to try. If you can point to an obvious, egregious error in the SBA’s decision—something that’s clearly wrong on its face—the SBA might agree to reconsider. But don’t count on this approach working.

Submit a request for adjustment if eligible. If your situation qualifies for a request for adjustment (you requested too little forgiveness due to an error in your original application), you can still submit that request even after missing the appeal deadline, because requests for adjustment have no deadline. This only applies in the narrow circumstances where you yourself made an error that caused you to request less forgiveness than you were entitled to, not when the SBA denied what you requested.

Focus on repayment options. Accept that the denial stands and work on making repayment manageable. Request extended repayment terms to reduce monthly payments, apply for hardship accommodation if you’re experiencing financial difficulties, or explore an offer in compromise if you can’t repay the full amount. These options don’t challenge the denial itself, but they help you manage the financial consequences.

Consider federal court litigation as a last resort. You could potentially file a lawsuit in federal district court seeking judicial review of the SBA’s decision under the Administrative Procedure Act. However, this is expensive (legal fees could be tens of thousands of dollars), difficult (courts defer heavily to agency decisions and are unlikely to overturn them), and time-consuming (litigation can take years). This option only makes sense in cases involving very large amounts (hundreds of thousands of dollars) where there are significant legal errors and you have resources to fund extended litigation.

The reality is that missing the 30-day appeal deadline severely limits your options. This is why understanding the deadline’s importance and acting quickly is so critical—once it passes, your ability to challenge the denial is largely gone.

Talk to a PPP Loan Defense Attorney Today

The 30-day deadline to appeal an SBA PPP forgiveness denial is the most critical deadline in the entire forgiveness process. Miss it, and you lose your right to challenge the denial permanently, no matter how strong your case might be. The deadline is strictly enforced, late appeals are rarely accepted, and the consequences of missing it are severe and permanent.

Our firm has extensive experience handling PPP forgiveness appeals under tight deadlines. We understand how to calculate the deadline correctly, how to prepare appeals quickly when time is short, and how to file timely appeals that preserve your rights while allowing time to develop comprehensive arguments. We’ve helped numerous borrowers who were approaching their 30-day deadline file successful appeals that resulted in denial decisions being overturned.

If you’ve received an SBA denial of your PPP forgiveness and there’s a 30-day appeal deadline in the letter, don’t wait—contact us today for a free consultation. We’ll review your denial letter, calculate your exact deadline, assess whether you have a viable appeal case, and explain what would be involved in filing an appeal. The consultation is free and confidential, but it needs to happen soon because every day that passes brings you closer to the deadline.

Time is critical. If your deadline is approaching and you haven’t filed yet, call us immediately—we can help you preserve your rights even under tight timelines. But don’t wait until Day 28 to reach out. Call us now while there’s still time to prepare a strong appeal that gives you the chance of overturning the denial and saving tens or hundreds of thousands of dollars in forgiveness.