If your ERC refund is still delayed with no end in sight, you may be wondering:
“What are my real options to move this forward?”
There are a few paths you can take — but only one of them is structured to create legal leverage, enforce timelines, and actually deliver results.
Let’s walk through the five main options available to delayed ERC filers — and what makes ERC FastTrack the strategic solution built for resolution.
Option 1: Do Nothing
This is what most businesses do. They wait, hope, and accept that the IRS may sit on their claim for months — or years — with no updates and no urgency. For some, the delay may be tolerable. For others, it’s costly.
Pros: No effort, no cost
Cons: No timeline, no control, and rising risk of quiet denial
Option 2: File with the Taxpayer Advocate
The Taxpayer Advocate Service (TAS) can flag hardship cases and elevate stalled claims. But they can’t force the IRS to act, and their involvement is usually limited to hardship situations — not strategic capital recovery.
Pros: Helpful if your business is in financial distress
Cons: No authority to resolve, limited impact for most claims
Option 3: Contact Congress
Your Senator or House Representative can send a letter on your behalf to the IRS. It may generate attention — but it doesn’t move your claim forward in a meaningful way.
Pros: Can create visibility
Cons: No resolution power, long wait times, little follow-up
Option 4: Traditional Refund Litigation
If your claim is denied, you can file a refund suit in court. This is a valid option — but most tax firms who offer this route aren’t focused on ERC, and many don’t approach litigation with settlement in mind. The process can be reactive, slow, and expensive.
Pros: A legal avenue for disputes
Cons: Often built for litigation, not resolution
Option 5: ERC FastTrack — Built to Move Your Refund Forward
This is the strategy we’ve built at Brotman Law.
ERC FastTrack was designed for claims that are delayed — not denied — and it’s the only option that combines:
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Selective case intake (we only move forward with strong claims)
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Pre-packaged filings designed for DOJ resolution
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A settlement-first approach (not adversarial litigation)
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Legal timelines — including a required 60-day response window
It’s not a workaround. It’s a structured strategy that shifts your claim into a process with deadlines, oversight, and forward momentum.
Get the full FastTrack Guide — and learn how to cut through the IRS backlog, protect your credit, and get resolution faster.
Why the IRS Process Doesn’t Work for Delayed Claims
The IRS is not built for fast resolution — especially when it comes to large refund claims.
There are no required deadlines for the IRS to process ERC payments. So even if your claim was filed properly, with clean documentation, it can sit idle for months — or even years — without any obligation for the IRS to act.
What’s more, the IRS has implemented a tiered review system to manage risk. Claims above certain thresholds (often $500K+) are automatically flagged for manual review. They’re screened for red flags — like vague eligibility narratives or poorly organized documentation. In many cases, claims aren’t denied… they’re simply set aside.
And unless something changes — your claim remains there, stuck in limbo.
That’s the real issue: if you don’t trigger a response, you may never get one. FastTrack was created to change that dynamic.
What Makes FastTrack Legally Strategic
Filing a federal refund suit may sound aggressive — but it’s actually one of the most structured and resolution-oriented tools available to business owners.
Here’s why:
Under our ERC FastTrack process, we initiate refund litigation by filing a complete, fully documented case in federal court. This isn’t a courtroom battle — it’s a strategic move that puts legal timelines into motion. Once filed, oversight of your claim shifts from the IRS (where there are no deadlines) to the Department of Justice (DOJ), which operates on a strict response schedule.
By law, the DOJ has 60 days to respond to a refund suit. That means your claim moves from “no timeline” to “on the docket.” And unlike the IRS, the DOJ is incentivized to resolve credible cases efficiently — especially when presented with clean, organized documentation.
If your case results in a settlement, your ERC refund is locked in.
The government can’t claw it back later.
That means you’re not just speeding up payment — you’re protecting it.
That’s what makes ERC FastTrack different: it’s not a workaround or a shortcut. It’s a legal strategy built to create movement — and deliver resolution.
How FastTrack Helps You Regain Control
Most business owners tell us the worst part of this process isn’t the delay — it’s the uncertainty. Not knowing if their claim is lost, buried, flagged, or quietly being reviewed. No contact. No updates. No clarity.
FastTrack changes that.
Once your case is filed:
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You get a clear timeline for response
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You’ll receive regular updates from our legal team
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Your claim is reviewed by professionals obligated to reply
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You can plan around the case, rather than waiting for the unknown
And because we do the heavy lifting — from document collection to filing to legal strategy — you stay focused on your business while we focus on getting your refund paid.
This isn’t about being confrontational. It’s about being proactive.
What Other Businesses Have Tried (and Why They Called Us)
Many of the clients we work with initially tried everything else:
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Their accountant told them to “just wait”
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They tried calling the IRS (and never got through)
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They got letters (like a 6612 or 566) and didn’t know what to do
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Or they filed through a third party and can’t get any updates
After months — or years — of frustration, they came to us not just for legal support, but for structure and direction.
FastTrack gave them:
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A real timeline
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A real advocate
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A path forward with defined milestones and accountability
Most important of all, it gave them peace of mind — because they finally knew someone was moving their claim, not just watching it.
Coming Up Next
In the next chapter, we’ll answer the most common questions about ERC litigation — from audit risk to timelines to whether you’ll have to appear in court.
If you’ve been curious, hesitant, or unsure about whether this kind of legal step is right for your business, this FAQ section will help clarify what to expect — and what’s not required.