To directly answer your question: No, you cannot claim unemployment benefits in this scenario according to TWC guidelines. Unemployment is specifically for individuals who are: 1. Totally or partially unemployed through no fault of their own 2. Physically and mentally able to work 3. Available for work 4. Actively searching for work (minimum 3 work search activities per week in Texas) Since you have an existing job and are simply waiting for medical clearance, you don't meet criteria #3 and #4. Additionally, if you filed, your employer would likely contest it since they consider you still employed. If you're concerned about making rent, consider speaking with your landlord proactively about a payment plan, looking into local emergency assistance programs, or checking if your hospital has financial counselors who can connect you with temporary assistance programs.

UPDATE: I wanted to thank everyone for the helpful advice! I spoke with my HR department and showed them the handbook section about salary continuation. They're processing it now and said I should be covered for this week at 60% of my normal pay. Not perfect but WAY better than nothing! Also talked to my landlord who said he'd work with me if the payment is a few days late. Sometimes just asking directly for help works better than I expected. Thanks again everyone!

Just to add one more important point - make sure you understand that accepting the severance doesn't waive your right to file for unemployment (unless you signed something specifically saying that). Some companies try to imply this, but it's not true in Texas.\n\nAlso, start your job search immediately and keep detailed records of all your applications and networking activities. Those records will be valuable both for meeting the work search requirements and potentially for an appeal if you need one. Good luck!

Thank you everyone for all the helpful advice! I'm going to file my claim today and make sure I document everything carefully. I'll update this thread once I find out if they approve my claim or if I run into any issues. Fingers crossed!

IMPORTANT: Have you talked to an employment lawyer yet? Many will do free consultations. You might have a case for hostile work environment that's worth more than unemployment benefits. Sexual harassment + company not protecting you from continued harassment could be a legal claim.

One more critical point about TWC claims for hostile work environment: when you file, you MUST specify that you quit due to "good cause connected with work" and then clearly explain the harassment. Don't just say you quit because of stress or personal reasons. Be very specific that you reported sexual harassment, the company's response was inadequate, and the environment became hostile. The exact wording matters tremendously for how your claim is processed.

When i filed my first claim back in October, it took exactly 4 business days for the deposit. The TWC website updated to show "payment processed" after 2 days, and then it took 2 more for my bank to actually show the money. After that first one though, it's been pretty consistent - request on Sunday, see the money by Wednesday morning. Hope that helps!

Just a heads-up - make sure you log into your TWC account and verify there are no pending issues with your claim. Sometimes they need additional information before releasing the first payment, and they don't always notify you clearly. The payment status section will show if there's anything holding up your deposit.

The whole ID.me system is a JOKE! I got verified but TWC still flagged my account for "identity issues" THREE TIMES during my claim period. Each time I had to wait 3+ weeks for them to fix it while my bills piled up. The right hand doesn't know what the left is doing over there. DOCUMENT EVERYTHING. Screenshot your ID.me confirmation and save all emails - you'll need them when TWC inevitably screws something up again.

Update: My claim status just changed to approved! It took exactly 8 days from when I completed the ID.me verification. Thanks everyone for your help and reassurance that I just needed to be patient. I'm going to request my payment tomorrow as scheduled.

applied in june took forever got approved then they said i needed to do id.me even tho website never told me that and then my benefits got put on hold for another month while i tried to get it sorted out make sure u check ur correspondence box every day

One additional thing to check: make sure you've registered with WorkInTexas.com. This is a requirement for receiving benefits, and sometimes claims get held up because claimants haven't completed this step. It's separate from your TWC unemployment account.

The whole system is designed to make it IMPOSSIBLE to get benefits!!! I lost my job in October and didn't see a PENNY until December because they kept saying my "identity verification was pending" even though I did the ID.me thing like 5 times! Be prepared to fight for what you deserve!

Thanks everyone for all this helpful information! I'm feeling a bit more prepared now. I'll wait until the 18th to file, but I'll start getting all my documentation together. And I'll make sure to request payments even while waiting for approval, and to set up direct deposit. Fingers crossed everything goes smoothly!

My mother-in-law is having the same issue right now. Filed last week, system keeps showing her last payment from 2020!! TWC definitely has a database problem right now mixing old and new claims. Waiting on hold with them now... going on 1 hour and 22 minutes...

UPDATE: I finally got through to TWC this morning! Called right when they opened at 7am. The rep confirmed there IS a glitch in their system where it's pulling old claim history for new claims filed in January. She fixed it on her end and now my account shows the correct info. My first payment request date IS supposed to be Jan 15th, so that part was correct. She said they're aware of the issue and working on it, but anyone experiencing this should call to have their account manually updated. Thanks everyone for your help!

Great news! This is exactly why speaking with a representative is so valuable. The internal processing status is often different from what shows on the portal. Make sure you keep an eye on your correspondence tab and bank account early next week - you might receive multiple payments at once for the weeks you've already requested.

congrats!! hope u get paid soon. the waiting is the worst part!

ur husband might qualify for financial hardship waiver! my cousin got a 6k overpayment waived bc he proved repayment would cause severe financial hardship. look it up on twc website

One thing to check - is the determination letter saying it was an agency error or a claimant error? This makes a big difference. If TWC acknowledges it was their mistake (agency error), they cannot charge interest on the overpayment and you have more options for waivers. If they're claiming your husband provided incorrect information (claimant error), you'll need to fight that assertion in your appeal if it's not true. The letter should specify which type of overpayment they're claiming.