How to Speed Up Your ERC Refund: What to Expect From the FastTrack Process

If your ERC refund is stuck in limbo, it might feel like there’s nothing you can do but wait. But that’s not the case — especially if your claim is strong, well-documented, and has been delayed for more than six months.

At Brotman Law, we created ERC FastTrack to give business owners a way to move stalled ERC claims forward through legal channels — without waiting years or risking a quiet denial.

This chapter walks you through exactly how the process works, what you can expect at each step, and why litigation may be the clearest path to resolution.

We begin with a full review of your ERC documentation and history, including:

• Your original 941-X filings

• Payroll and wage data

• Eligibility documentation (e.g., government orders, narratives)

• IRS correspondence (or lack thereof)

If your credit is over $500K and your documentation is substantive, you may be a strong candidate for FastTrack. If you’ve received a warning notice (like Letter 6612 or 566) or a disallowance letter, we’ll review your options and help you prepare a response strategy.

No problem. If you don’t have access to some of your original documents, we can help you recover them. Our team can assist with:

• Retrieving IRS transcripts or filed forms
• Reconstructing missing payroll data
• Contacting your tax preparer or accountant

If your claim was filed by a PEO (Professional Employer Organization) and you don’t have direct access to documentation, we can help facilitate communication with your PEO to obtain the records we need.

The bottom line: missing documents won’t block you from FastTrack — we’re equipped to help you gather what’s necessary to move forward.

Once your claim is cleared for FastTrack, we begin building a litigation-ready file. This isn’t a lawsuit in the traditional sense — you won’t be dragged into court or public hearings.

Here’s what our legal team prepares for you:

• A refund complaint filed in U.S. District Court

• A settlement memorandum that lays out your eligibility and calculation

• A complete documentary file with all supporting evidence

The objective? Present your case clearly and persuasively so it’s easier for the government to settle than to dispute.

Once we file your case in court, something important happens:
Control shifts from the IRS to the U.S. Department of Justice (DOJ).

This is a game changer.

The IRS can sit on your claim indefinitely. But under federal law, the DOJ has 60 days to respond once your refund lawsuit is filed. That means your claim is now on a court docket, with actual deadlines and legal accountability.

This shift often leads to quicker responses, meaningful engagement, and movement toward resolution.

Once the DOJ reviews your file, they may:

• Request clarification or additional documents
• Open settlement discussions
• Agree to pay the claim in full (plus interest)

Because ERC FastTrack cases are built on strong documentation and clean filings, most claims don’t require lengthy discovery or court hearings.

Many clients receive a settlement offer — or even full payment — within 6 to 12 months of filing.

Let’s clear up a few misconceptions:

• You don’t have to go to court. We handle the legal proceedings entirely.
• You don’t have to pay massive legal fees upfront. We’ll work with your situation and can discuss a fee structure that makes sense for your business.
• You don’t have to fight. This is a resolution strategy, not a courtroom battle.
• You don’t have to fear retaliation. Filing a refund suit does not increase your audit risk or expose you to IRS backlash — it’s a legal right, not a red flag.

Our job is to advocate, streamline, and guide — so you can stay focused on running your business.

You can expect a strategic, proactive process that puts you back in control of your claim. With legal leverage — not just more waiting — our team handles the details, communicates consistently, and keeps things moving. You’ll get regular updates, minimal red tape, and a real chance at resolution — not just hope.

In the next chapter, we’ll help you assess whether you qualify for FastTrack and walk through the eligibility scorecard we use to evaluate claims.

Whether you’re unsure about your documentation, or just want a second opinion — we’ll give you the criteria to self-assess, and show you how to move forward.