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I swear the TWC system is DELIBERATELY CONFUSING just to trip people up!!! I had the exact same question last month about my student loan disbursement and spent DAYS trying to figure it out. The payment request just asks "did you work" and "did you earn money" - if it's a LOAN, you didn't EARN it, so logically it shouldn't count! But trying to get a straight answer from TWC is impossible!!
So this is slightly off-topic but when I was dealing with a reporting question like yours, I found it super helpful to check the TWC Claimant Handbook. They have a PDF version on their website that gets into the details of what counts as income. It specifically talks about reportable earnings being from services performed (aka work). Loans definitely don't qualify as that.
Great suggestion! The Claimant Handbook is definitely a useful resource. To add to this, when you're completing your payment request, TWC specifically asks "Did you work?" and "Did you earn wages?" - receiving a loan doesn't involve working or earning wages, so it wouldn't be reported in your payment request. Keep in mind that while loans aren't reportable for unemployment purposes, different rules may apply for other government programs like SNAP or Medicaid.
Based on what you're describing, this sounds like a wage reporting error. When you said "earnings exceed WBA" that's a very specific determination. It means TWC believes you earned more at a job than your weekly benefit amount allows. Here's what to do: 1. File an appeal for this NEW issue right away (separate from your existing appeal) 2. In the appeal, clearly state you have not worked or earned any wages during the claim period in question 3. Try calling the TWC Tele-Serv system at 800-558-8321 to see if there's more information about the specific earnings they think you received 4. Contact your previous employer to make sure they haven't accidentally reported you as still working 5. Keep requesting payments every two weeks even if it says you're ineligible - this preserves your claim If you win your appeal, you'll receive back payments for any weeks you were eligible. The key is to appeal within the 14-day window.
Thank you SO much for this detailed information. I'm going to start working on the new appeal right now and try calling Tele-Serv. One quick question - should I mention my other pending appeal in this new appeal or keep them completely separate?
UPDATE: I finally got through to TWC this morning! Turns out my previous employer reported wages for me for last week (even though I haven't worked there since January). The agent said this happens sometimes when employers batch-report or make clerical errors. She put in a request to have the wages removed from my record, and said my payments should resume once that's processed. I also went ahead and filed the appeal just in case it takes them too long to fix it. Thanks everyone for your help!
Did anyone else read that new Austin daycare exposé article last week?? The conditions in some of these places are HORRIBLE and the state does almost nothing!! OP I totally believe your story and hope TWC does too!!
Just wanted to add - make sure you request a telephonic hearing if possible. It's usually less stressful than appearing in person, and you can have all your documentation spread out in front of you during the call. When TWC schedules your hearing, they'll send instructions about how to submit evidence beforehand - follow those instructions EXACTLY and submit everything at least 3 business days before your hearing date. Also, after submitting your appeal, keep an eye on your mail. TWC will send a hearing notice with the date/time, usually 2-3 weeks after you file your appeal. If you miss your hearing, it's extremely difficult to get it rescheduled.
Thank you for these tips! I've started organizing all my evidence chronologically. Should I also request my daughter's attendance records from the daycare to prove when I withdrew her, or is my resignation letter enough?
Honstly the TWC system is total BS! Dont get 2 excited, my employer didnt show up either and I STILL got denied!! Took 3 weeks to get the stupid letter and they said I didn't provide enough evidence or something, even though I sent them ALL my emails. The whole system is rigged against workers and for employers. Now I'm having to appeal AGAIN and its been 4 months without a penny!!! This is my 3rd time on TX unemployment and its getting worse every time.
Quick update - I just checked my TWC account today and my status changed from "Appeal Pending" to "Eligible" and there's a determination letter dated yesterday in my correspondence! The hearing officer ruled in my favor since the employer failed to appear and present evidence of misconduct, plus my witnesses' testimony proved inconsistent application of company policy. All my backpay is being processed now! Just wanted to share the good news and timeline - it took exactly 8 days from hearing to determination in my case. Thanks everyone for your support and advice during this stressful time!
CONGRATS!!! Told ya it would work out! Employer no-shows are usually good news. Enjoy that backpay!!! 💰💰💰
Excellent news! This is a good reminder for everyone that in Texas unemployment appeals, the burden of proof is on the employer to demonstrate misconduct. When they fail to appear, they typically cannot meet this burden, especially when countered with witness testimony supporting the claimant's position. Congratulations on your successful appeal.
Tyler Murphy
My cousin's boyfriend had the exactt same thing happen after his factory closed for Baryl. It took them forever to process but he did get paid eventually. The whole system is confusing.. I think he had to call them like 3 times to fix something with his dates tho.
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Serene Snow
•That's a good point about dates. @OP, make sure your husband is very clear about his work separation date and return-to-work date on all communications with TWC. Any discrepancies in dates can cause delays in processing.
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Haley Stokes
Thank you all for the helpful information! I've made notes about everything. He'll definitely continue with the payment request process and make sure to accurately report his return-to-work date. It's a relief to know this is normal handling for disaster claims. If we don't see any updates in the next week, we might try that Claimyr service to get through to TWC directly. I really appreciate everyone taking the time to explain how this works!
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