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TWC approved my unemployment then scheduled appeal hearing 6 months later - what to expect?

I'm completely freaking out right now and need advice from anyone who's been through this. I filed for unemployment on May 26th after being let go. A TWC investigator called me in August, interviewed me, and then approved my claim. I received all my benefits as a lump sum payment right after approval. Here's where it gets scary - I just found out TODAY that my former employer filed an appeal back in August (right after I got approved). TWC never notified me until now, and they've scheduled an 'Appeal Tribunal' hearing for February. That's SIX MONTHS after the employer filed the appeal and almost NINE MONTHS after my initial claim! Why would TWC approve my benefits if they knew my employer was going to appeal? The investigator clearly didn't believe what my employer was saying since she approved me. Now I'm terrified I'll have to pay back $4,700+ if they reverse the decision. Has anyone dealt with an appeal hearing this long after approval? What should I expect? Do I need to hire a lawyer? I'm so stressed I can barely sleep.

make sure u send any documents you plan to use to BOTH the hearing officer AND your former employer before the hearing. there are rules about when these need to be submitted. if u try to introduce new evidence during the hearing that you didn't share beforehand they might not accept it!!

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This is correct. The hearing packet will include instructions for submitting evidence. Generally, you need to send copies of all documents to the hearing officer and your former employer at least 24 hours before the hearing. Keep proof that you sent these documents (email receipt, fax confirmation, etc).

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I went through something very similar about 18 months ago - employer appealed after I was already approved and receiving benefits. The delay you experienced is unfortunately normal due to TWC's backlog issues. Here's what really helped me prepare: I created a simple one-page timeline with dates showing exactly what happened leading up to my termination. Since your termination letter specifically mentions "position elimination due to departmental restructuring," that's your strongest piece of evidence. Make copies for everyone involved in the hearing. During my hearing, the employer tried to bring up minor issues that were never documented or addressed during my employment. The hearing officer asked them directly why these weren't mentioned in my personnel file or addressed through progressive discipline if they were serious enough to constitute misconduct. That really hurt their case. Stay calm during the hearing and remember - you already won once when the initial investigator approved your claim after interviewing both parties. The burden is on your employer to prove misconduct occurred, not on you to prove it didn't. Good luck!

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What are realistic chances of winning a TWC appeal? Just got disqualified

Just received a Determination Letter from TWC saying I'm disqualified from benefits because my employer claims I was fired for misconduct (totally NOT true). They claim I was consistently late, but I have evidence that my schedule was changed without proper notice multiple times. I've already filed an appeal online, but I'm freaking out about my chances. Has anyone successfully appealed something like this? What documentation did you bring to your hearing? The letter says I have a telephone hearing in 3 weeks but I've never done anything like this before. I worked at this restaurant for 2 years with no write-ups until a new manager took over and started targeting me.

One last tip - during your hearing, have your documents organized and in front of you. When the hearing officer asks about specific dates or incidents, you want to be able to quickly reference your evidence. Also, take notes during your employer's testimony so you can address any false claims when it's your turn to speak again. The hearing officer will explain the process at the beginning, and you'll have a chance to make a closing statement at the end - use this to summarize your key points clearly. Good luck!

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Thank you! I'm feeling much more prepared now. Will update after my hearing to let everyone know how it went.

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I'm going through a similar situation right now - got disqualified for "attendance issues" even though I was dealing with a family emergency and had documentation. Reading through everyone's advice here is really helpful! One thing I learned from my research is that the burden of proof is actually on your employer to show that your actions constituted "misconduct" under Texas law. Being late a few times doesn't automatically equal misconduct - they have to prove it was willful and substantial disregard for their interests. Also, if you worked there for 2 years with no issues until the new manager, that's actually really strong evidence in your favor. Make sure to emphasize your good work history and how the problems only started after management changed. That pattern suggests the issue was with management practices, not your performance. You've got this! The fact that you're gathering evidence and preparing shows you're taking it seriously. That alone puts you ahead of a lot of people who just wing it.

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TWC claim pending - will I get backpay for payment requests while waiting for approval?

I'm totally confused about the payment timeline for my TWC claim. I just submitted a payment request yesterday through Tele-Serv (as instructed by the TWC agent who helped me file my initial claim), but Tele-Serv still says my claim status is 'pending.' According to what I understand, my former employer has 14 days to respond to TWC about my claim, which should be up next Monday. My big question is: since I wasn't paid for these past 2 weeks because my claim is still pending, will TWC pay me retroactively for these weeks once my claim gets approved? Or do I just lose those weeks of benefits? I filed a claim years ago and can't remember how the backpay works (if it even exists). Really worried about making rent next month if those first two weeks don't come through eventually.

my husband and I both had to file last year when our company shut down and we had totally different experiences? his claim went through in like 5 days and mine took 3 weeks but we both got all our back weeks paid. nobody at TWC could explain why mine took so much longer even though we worked at the same place and got laid off the same day. the system is so random sometimes!

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same thing happened with me and my roommate! we both got laid off from the restaurant we worked at and filed on the same day. his went through in a week and mine took almost a month. no explanation.

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I went through this exact same situation about 6 months ago! Yes, you will absolutely get backpay for those weeks as long as you keep submitting your payment requests on time (which it sounds like you're doing). The key thing everyone's mentioned here is true - don't miss those biweekly payment request deadlines even while pending. Since your employer has until Monday to respond and your separation was due to budget cuts/position elimination, there's a really good chance your claim will process smoothly after that deadline passes. Those types of separations are usually pretty straightforward for TWC to approve. One tip that helped me during the waiting period: I set up direct deposit if you haven't already. When my claim finally got approved, I got about 3 weeks worth of backpay all at once within 2-3 business days. Having direct deposit made it faster than waiting for the debit card to arrive. Hang in there - you're almost through the waiting period!

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TWC Appeal Process: What to Expect and Tips Needed

Hey everyone, I'm in the process of filing an appeal with TWC. Has anyone gone through this before? What should I expect? Any tips or advice would be really appreciated!

Quick question - does anyone know if you can submit additional evidence after you've already filed the appeal? I just found some old emails that might help my case.

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Yes, you can! Just make sure to do it ASAP. Call them and ask about the process for submitting additional evidence.

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I just went through the appeal process a few months ago and wanted to share some additional tips that really helped me: - Practice what you're going to say during the hearing beforehand. I wrote out key points and practiced with a friend. - Keep detailed notes during the hearing itself - who said what, timeline, etc. - Don't interrupt the hearing officer or get emotional, even if you disagree. Stay professional. - If you have witnesses who can support your case, make sure they're available for the hearing date. - Follow up in writing after the hearing to clarify any points you may have missed. The whole process took about 6 weeks for me from start to finish. It's stressful but definitely worth fighting for if you believe you're in the right. Hang in there!

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TWC called me with questions today - claim status update coming soon?

Got a call from TWC this morning asking me more questions about my employment separation. They wanted details about why I was let go and my availability for work. The lady was pretty nice and said they needed to 'verify some information for my claim.' She didn't say when I'd get a decision though. My claim status still says 'under review' in the online portal, but I'm taking the call as a good sign? Does anybody know how long after they call with questions that they actually make a determination? Trying not to stress but bills are piling up!

Update us when you hear something! I'm curious if things move faster in 2025 than they did last year. The whole system was a NIGHTMARE then!

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Will do! If I don't hear anything by next Friday, I'll probably try calling them or use that Claimyr service someone mentioned. Can't afford to wait forever.

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I went through something similar last month! TWC called me with questions about my separation, and I got my determination letter exactly 8 days later. The fact that they're calling means your claim is definitely being actively reviewed, which is better than sitting in limbo. Since you mentioned it's a disputed separation, make sure to keep all your documentation handy - performance reviews, emails about job duty changes, anything that shows your side of the story. The phone interview is usually the last step before they make their decision. Hang in there, and definitely keep doing your weekly certifications even while waiting!

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