
Ask the community...
Has anyone here ever successfully appealed a trailing spouse denial? My wife switched jobs and TWC denied me saying it wasn't necessary for maintaining the family. We were moving 250 miles away!! How could I possibly commute? The whole appeal process is confusing me.
Yes, appeals for trailing spouse denials can be successful. You'd need to request the appeal hearing within 14 days of the determination. Focus on proving: 1) The move was genuinely for your spouse's employment, 2) The distance made commuting impossible, and 3) Your resignation was directly because of the relocation. Submit any documentation showing the necessity of the move (cost comparisons, commute time calculations, etc). The appeal hearing is usually by phone.
One thing nobody's mentioned - make sure you get a copy of the lease or mortgage for your new place as additional proof you're actually relocating. TWC asked me for that documentation when I filed my trailing spouse claim. Also don't forget to transfer your driver's license once you move because they sometimes check that too.
THE TWC SYSTEM IS DELIBERATELY CONFUSING!!! They make these rules complicated so people miss payments and they save money. I missed ONE payment request last year and ended up having my claim CLOSED and had to start all over again. The so-called "two week grace period" doesn't always work right in their buggy system. CALL THEM IMMEDIATELY!!! Don't wait until Wednesday or you might get NOTHING!!
Omg now I'm freaking out again. 😰 Was your situation different somehow? I don't understand why the system would close your claim if they have the two-week policy?
Update: I just wanted to let everyone know that it worked out! I waited until Wednesday as suggested, and the system let me request payment for both weeks. I had to enter the work search information separately for each week, but I explained my illness for the missed week and it seemed to accept that. The payment is now pending in my account. Thanks everyone for your help and keeping me from panicking too much!
TWC IS THE WORST!!!!! They did this to me in 2024 and took $4,300!!!! I had a payment plan too and THEY STILL TOOK MY REFUND!!! Called and called and NOBODY WOULD HELP ME. Its been 4 months and stil havent gotten a PENNY back even tho they took MORE than what I owed!!!! The system is RIGGED against regular people!!!!
Update on the specific process: After you call the TWC Collections department at 512-936-3338, they'll verify your payment history and TOP offset amount. If they confirm you've overpaid, they'll create an "Excess Offset Refund Request." This goes to their accounting department for review, which typically takes 15-20 business days. If approved, they issue a check - not a direct deposit, even if you normally receive benefits via direct deposit. The check will come from the Texas Comptroller's office, not TWC directly. Keep following up weekly if you don't receive confirmation within 3 weeks.
are u sure your answering the work search questions right on the payment request? i got approved but didnt get paid for like 3 weeks cuz i was answering one question wrong lol. the wording is super confusing
the one that asks if you refused any work! i was saying yes thinking it meant had i been offered and declined any jobs (which i hadnt) but apparently saying yes means you DID refuse work which automatically blocks payment. should always answer no unless you actually turned down a job offer
Did you get this resolved? I'm curious if contacting your state rep or using Claimyr worked out for you. I'm dealing with something similar now (except my block code is different) and wondering what the most efficient solution was in your case.
Update: I ended up using Claimyr to get through to TWC yesterday morning. Got connected to a specialist in about 20 minutes! The agent explained that my employer had initially confirmed my separation reason, but then submitted additional information that triggered a review. She expedited the secondary review and manually removed the payment block. My payment was processed this morning and should be in my account tomorrow! So relieved this is finally resolved. If anyone else is dealing with this, definitely worth getting through to a real person rather than waiting for the system to sort itself out.
Just curious did u sort this out? my friend is moving here from florida next month and might be in the same boat
Yes! Finally got everything submitted yesterday. The out-of-state ID wasn't an issue at all during the initial application. I'm now waiting for the ID.me verification email they said would come in 2-3 days. Will update once I get through that part!
Quick update for anyone finding this thread later: As of 2025, TWC uses ID.me for identity verification regardless of which state issued your ID. The process includes document scanning (driver's license/state ID) and a selfie for facial matching. For best results: 1. Use good lighting when scanning documents 2. Make sure your ID isn't damaged or heavily worn 3. If automatic verification fails, select the video chat option 4. Have multiple forms of ID available (passport, birth certificate, etc.) An out-of-state ID is completely acceptable for this process. The important factor for unemployment eligibility is where your wages were earned, not where your ID was issued.
Update: Got through the ID.me verification! My Oklahoma license worked fine. Had to try twice because of lighting issues the first time, but second attempt went through. Now waiting for my claim to be processed. Thanks everyone for the help!
same thing happened to me! it took 5 days for mine to show up. what was ur appeal for? i had to fight them saying i quit when i was actually laid off. took forever but i won!
Why would you even file if you know they might take it? Maybe wait until you've paid off more of the balance? Just a thought
This is actually not good advice. Failing to file taxes when required is illegal and can result in penalties worse than losing your refund. Additionally, the statute of limitations for TWC overpayment collection is quite long, so delaying filing may not help. The better approach is to file on time but be prepared for the offset.
Thanks everyone for the advice and sharing your experiences. Sounds like I should definitely expect them to take my full refund based on what most of you have said. I'll try calling TWC to see if I can apply for that hardship waiver, though it sounds like those are hard to get approved. I just wish they'd be more transparent about the whole process instead of making it so confusing. I've been responsible about making my payments, so it feels unfair that they'll still take my whole refund. But I guess looking at the bright side - at least it'll knock down my balance faster. I'll update here after I file to let everyone know what happened in case it helps someone else.
Quick tip that helped me during my appeal: If you have any emails or screenshots showing you were confused about the work search requirements or showing you looking up the old requirements, include those with your appeal. Anything that demonstrates you were making a good faith effort to comply but were genuinely confused about the current requirements can help your case.
Final advice about your appeal: Make sure to keep requesting payments every two weeks even while your appeal is pending. Complete and document all 3 work search activities for each week. If your appeal is approved, TWC will release any payments that were held during the appeal process. But if you don't continue requesting payments during this time, you can't receive those benefits retroactively even if you win your appeal.
So about that whole "using Spanish at work" thing - I'm really curious what happened there if you don't mind sharing. Was that seriously the reason they fired you and denied benefits? That sounds like potential discrimination depending on the circumstances, especially if non-Hispanic employees were specifically targeted for using Spanish while Hispanic employees weren't.
Long story short: I worked at a call center, learned Spanish in college, and would occasionally help Spanish-speaking customers when our bilingual staff was busy. Management initially praised this but a new supervisor decided it was "misrepresentation" since I wasn't officially hired as bilingual staff. They claimed customers might be confused or misled about my cultural background. TWC sided with them saying I violated company policy even though no such policy existed until after I was fired. Not worth fighting anymore - that was last year's battle.
UPDATE: I finally got through this morning! Called exactly at 7:00am and still waited 45 minutes, but eventually spoke with someone. For anyone else stuck in the "must call in" loop after a seasonal job: 1. They confirmed my account was flagged for manual review due to previous appeal history 2. I had to verify identity again through ID.me even though I did this last year 3. The agent manually created my new claim 4. She said I should receive my determination letter within 7-10 business days 5. I CAN start requesting payments next week even before determination (this was news to me!) Thanks everyone for your help! That silent hold is still absolutely maddening though.
Yay!! So glad you got through! Did you use any special prompt or button combo to reach an actual person?
CosmicCowboy
One more crucial point about your hearing: Make sure you address the exact reason code on your determination letter. Different types of severance issues have different appeal approaches. If they're saying you had "wages" during those weeks, argue that severance based on years of service isn't wages for those weeks but compensation for past work. If they're saying you weren't eligible for some other reason, address that specific reason. The hearing officer can only consider the exact issue stated in your determination letter.
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Connor Gallagher
•The determination letter says I "received wages during weeks benefits were paid" and cites section 207.049(1) of the Texas Unemployment Act. It doesn't specifically mention severance, just says I had "remuneration" during those weeks. I'll focus on explaining how my service-based severance doesn't count as wages for those specific weeks.
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Yara Sayegh
Based on your update about the determination reason, you're in a good position! Section 207.049(1) deals with disqualification for receipt of wages. Texas case law has established that severance based on length of service is NOT considered wages for the weeks paid but rather recognition of past service. Bring a copy of your severance agreement showing the calculation was based on years worked. You should be able to win this if you can demonstrate it was truly a service-based package. Good luck with your hearing!
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Connor Gallagher
•Thank you so much! This gives me hope. I'll make sure to highlight the specific language in my severance agreement about it being calculated based on years of service. I really appreciate everyone's advice here - feels like I have a fighting chance now.
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