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Leila Haddad

Can I collect unemployment and disability at the same time in Texas TWC?

My situation is kind of complicated and I'm not sure how to handle it. Back in September I had a pretty serious back injury at work, and my employer ended up letting me go in early October because they said they couldn't accommodate the lifting restrictions my doctor put on me. So now I'm collecting workers' comp for the injury, and I also applied for Texas TWC unemployment benefits because I was let go. My question is whether I can collect unemployment and disability at the same time, or if one of them cancels out the other. TWC approved my claim and my weekly benefit amount came out to around $480, but now I'm worried they're going to come back and say I owe money because of the workers' comp payments I've been getting. I did disclose the workers' comp when I applied but I didn't fully understand what it meant for my eligibility. Has anyone dealt with something like this? I don't want to end up with a giant overpayment notice down the road.

Workers' comp and unemployment touching the same time period is tricky territory. TWC looks at what kind of workers' comp you're getting — if it's for lost wages, that can affect your unemployment payments, but if it's for medical expenses only, it usually doesn't. The key is that TWC mails you a determination specifically about the workers' comp, so whatever they decided when you reported it is what governs your claim. You said you disclosed it when you applied, so you should have gotten a letter about it. Did you check your mail around 3-4 weeks after filing?

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Yes actually I did get a letter but honestly didn't fully understand what it said. It mentioned something about 'income from other sources' but didn't say my benefits were being reduced or stopped. Does that mean I'm okay?

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If the letter didn't issue a 'cannot pay' determination, that's generally a good sign. The determinations are pretty explicit when they deny or reduce — they don't leave you guessing.

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That's a little reassuring. I still feel like I should double-check with someone at TWC just to make sure I'm reading this right.

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The ability-to-work piece matters a lot here. Every time you submit a payment request, TWC asks whether you were able and available for full-time work that week. If your back injury means you literally couldn't work full time, you have to answer no — and that makes you ineligible for that week regardless of the workers' comp situation. A lot of people don't realize those two questions on the payment request are separate issues from the workers' comp question.

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Oh that's a really important point I hadn't thought about. My doctor had me on reduced activity for the first three weeks but I'm cleared for light-duty office work now. So what do I answer for those earlier weeks?

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For the weeks when you weren't cleared for full-time work, the honest answer is that you weren't able and available. That may make those weeks ineligible but it's better than answering incorrectly and dealing with a fraud finding later.

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Yep, TWC can and does audit payment request answers. The workers' comp records and medical records can surface in a review. Answer accurately every time.

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Used Claimyr (claimyr.com) last week to get through to a live TWC agent about my own workers' comp overlap question — my situation was a slip-and-fall and I wasn't sure how to report the settlement check. The agent explained that the type of workers' comp payment is what determines whether it offsets benefits and told me exactly how to handle reporting it on my next payment request. If you need a real answer from TWC on your specific situation, that's how I'd go about it. The hold times on the regular number are brutal right now. You call through the service and it connects you when an agent picks up, no sitting on hold yourself. Demo video if you want to see how it works: https://youtu.be/V-IMvH88P1U

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My biggest fear is spending two hours on hold and then getting disconnected. I'll look at this.

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My cousin had a workers' comp claim overlap and she spent days trying to get through to TWC. Might set this up for her.

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SSI and SSDI are a different thing from workers' comp, just so the thread stays clear. SSDI doesn't get deducted from your unemployment payment by TWC, but you still have to meet the able-and-available requirement every single week. So if someone is on SSDI and also applying for unemployment, the sticking point isn't the money — it's whether they can honestly say they're able to work full time.

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Wait so SSDI doesn't reduce unemployment benefits? I thought any disability income would offset it.

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Workers' comp is the one that potentially affects the payment depending on the type. SSDI is different — TWC doesn't deduct it, but you have to actually be physically able to work, which is where most people on SSDI run into trouble with unemployment claims.

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This distinction really matters and I'm glad someone spelled it out. The 'disability' umbrella covers so many different programs and TWC treats each one differently.

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My employer tried to claim my termination was misconduct because of attendance issues tied to my injury. TWC sided with me after I sent in my doctor's notes showing the absences were medically necessary. The separation reason matters a lot — getting let go because you can't do the physical requirements due to a documented injury is not the same as being fired for misconduct. Keep all your medical documentation.

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Mine was specifically the lifting restriction — the job required regular lifting over 40 lbs and my doctor capped me at 15 lbs. I did get approved so I think TWC saw it the same way. I just worry about the workers' comp piece on top of that.

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Since you got approved for the separation part, the workers' comp issue is a separate determination. Focus on that letter you received. If it said you can pay, you're in a different situation than someone who never reported it at all.

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Something I want people to know: reporting workers' comp on your application is not enough on its own. Every payment request asks about income from other sources, and workers' comp has to be reported there too, every single time you receive it. A lot of people report it once at the start and think they're done. That's how overpayments happen.

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Okay this is making me nervous. I did report it at application but I'm not sure I've been reporting it on every payment request. What do I do now?

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Call TWC as soon as possible and let them know. Voluntary disclosure before they catch it themselves is treated very differently from them finding it in an audit. Don't sit on this.

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100% this. Getting ahead of a discrepancy is way better than explaining it after a notice arrives.

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Calling right away is the right move. Even if it results in a small overpayment determination, TWC works out a payment schedule — they don't demand a lump sum immediately.

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The base period for a claim filed in October 2026 covers wages from July 2025 through June 2026. If your injury happened in September and you weren't working much in earlier quarters, your weekly benefit amount calculation might not look like what you expected. Worth running the math: take your highest earning quarter in that window, divide by 25, and that's your weekly amount, capped at $619.

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My highest quarter was Q4 of 2025 and I earned about $14,200 in that quarter. So $14,200 divided by 25 gives me $568, but my actual WBA came out at $480. Does that mean TWC used a different quarter?

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TWC uses whatever quarter gives the highest result, so if your $480 came out it might mean a different quarter was actually higher in their calculation, or there's a rounding factor. The determination letter that set your WBA should show which quarter was used.

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The determination letter spells this out specifically. It lists the base period quarters and which one they used. It's worth pulling that out and cross-checking.

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Work search requirements don't go away just because you're also dealing with workers' comp or a medical situation. TWC mails a letter that tells you exactly how many work search activities you need per week in your county. If you're in a major metro like Harris, Dallas, Travis, Tarrant or Bexar, that number is 5 activities per week. Keep a log because TWC can ask for it without warning.

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I'm in Travis County so that's 5 activities per week. I've been doing them but not keeping a formal log, just kind of noting it in my head. Should I go back and document the ones I remember?

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Start a proper log now — date, employer or job board, position applied for, method of contact. For past weeks, write down what you can remember with as much detail as possible. It's not perfect but having something is better than having nothing.

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A spreadsheet works great for this. I keep mine in Google Sheets and it takes about two minutes a week to update.

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TWC's work search log form is also on their site — some people prefer using the official one so there's no question about format.

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My brother went through this last year — he had a shoulder surgery and got let go around the same time. He was confused about whether the workers' comp settlement would cause a problem. It turned out the weekly payments were the issue, not the settlement lump sum, and TWC mailed him a determination that reduced his weekly unemployment payment by the workers' comp wage-replacement amount. He appealed and it got sorted out but it took a few months.

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How did he appeal it? Was it a complicated process?

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He just submitted a written appeal online through UBS within 14 days of when the determination letter was dated — not when he received it, the date printed at the top of the letter. Then there was a phone hearing with one hearing officer. He had his medical records and pay stubs ready and walked through the timeline of events.

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The 14-day window is strict — it runs from the date printed on the determination letter. If someone misses it they can still try at the Commission level but it gets much harder.

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TWC CANNOT forgive an overpayment. I cannot stress this enough. There is NO hardship exception, no waiver, nothing. If they determine you were overpaid, they will collect it — through future benefit payments, federal tax refunds, or even state lottery winnings. So anyone in a gray area needs to get clarity NOW, not wait until they get a bill.

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This is exactly what I'm most afraid of. The amount I could potentially owe if they decided workers' comp made me ineligible for some weeks would be significant.

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The good news is you disclosed it at application. That matters. The fraud penalties are for people who knowingly hide income, not people who reported it and had uncertainty about whether they were doing the payment requests correctly.

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Agreed. Knowing versus not knowing is a real distinction in how TWC handles these things. Report proactively if there's a gap and document that you did.

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My personal experience: I was on workers' comp for a knee replacement and tried to file for unemployment at the same time because my employer laid off my whole department. TWC sent me a determination that reduced my weekly benefit by the workers' comp wage-replacement amount for the weeks they overlapped. It wasn't zero — just reduced. When the workers' comp weekly payments stopped, my full unemployment amount kicked in. The key was I reported everything every single payment request.

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This is really helpful to hear — reduced rather than eliminated is way better than what I was imagining.

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The determination letter told me exactly what amount was being offset each week. It was pretty clear once I actually read it carefully.

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This matches how the system is supposed to work. The type and amount of workers' comp determines the offset, not some blanket disqualification.

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Does the waiting week thing affect any of this? I keep seeing it mentioned on TWC's site and I'm not sure I understand it.

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TWC holds your first payable week — called the waiting week — until you've been paid twice your weekly benefit amount AND you either return to full-time work or use up all your benefits. It doesn't disappear, it just sits until one of those things happens. If you go back to full-time work, you have to specifically request it through UBS or Tele-Serv. Both things have to happen before they release it — not just the two payments.

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So I shouldn't just assume it will show up automatically if I go back to work?

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Exactly — you have to actively request it. There's an option in UBS labeled 'Request Your Waiting Week' and there's also a Tele-Serv path. It won't happen on its own.

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A lot of people miss this and wonder why they never got paid for one week. The waiting week is not lost forever, but you do have to ask for it after you're back to full-time work.

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Pension income from an employer who was your base-period employer gets deducted from your unemployment benefits. Social Security retirement does not. SSI and SSDI do not get deducted either, though the ability-to-work issue still applies. I want to make sure people aren't confusing SSDI with workers' comp when it comes to offsets — they're handled very differently.

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Someone at my job told me Social Security retirement DOES reduce unemployment and I've been worried about that for my dad. So that information above is incorrect — SS retirement doesn't reduce TWC benefits?

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Social Security retirement is not deducted by TWC. Only pensions from a base-period employer are deducted. Your coworker had it wrong.

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This is one of those things that gets confidently repeated incorrectly a lot. Good to have it set straight.

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Wages paid in lieu of notice — meaning if your employer paid you for weeks you didn't actually work instead of giving you a notice period — that stops benefits for however long that payment covers. It's different from severance. Severance has its own rules and TWC mails a determination on it. Never leave either of those off a payment request.

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I didn't receive any kind of notice pay, just standard final paycheck for hours worked. So I don't think this applies to me, but good to know the distinction.

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Right, final wages for hours worked is just wages, not in lieu of notice. That's normal and doesn't affect your claim.

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Reached out to TWC through claimyr.com after my own workers' comp situation got tangled up with an unemployment claim — the agent walked me through exactly which weeks were affected and confirmed my payment request answers were correct. Saved me from filing an amendment I didn't actually need.

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How long did it take once you set it up to actually get through to someone?

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Got connected the same day. The agent was thorough and I had my determination letter numbers ready to go, which made the call faster.

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Register on WorkInTexas.com if you haven't already — it's required as part of the unemployment claim and TWC links the two systems. Same login as UBS. If your registration isn't complete, it can hold up your payments without a clear error message telling you why.

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I did register there but only filled in the basics. Do I need a full resume posted?

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Your profile should be complete enough to actually be a usable job posting. Minimal profiles can trigger a flag. Add your work history and skills sections at minimum.

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WorkInTexas.com and UBS use the same user ID and password, plus a one-time code each time you log in. If you're only logging into one, make sure the other account isn't sitting incomplete.

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Form 1099-G will show up in January covering everything TWC paid you during the year. Unemployment benefits are federal taxable income. You can elect to have 10% withheld automatically, which some people skip and then get a surprise at tax time. Workers' comp has its own tax treatment — generally not federally taxable — so the two income streams are handled differently when you file your return.

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I had no idea unemployment was taxable. I didn't elect withholding and now I'm realizing I'm going to owe something in April.

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You can still change your withholding election in UBS — it's not locked in at the start. Setting it now would at least reduce what you owe from payments going forward.

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The 1099-G also shows up in UBS under IRS Tax Information, so if the mailed copy ever goes missing you can pull it from there.

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My employer fought my claim pretty hard after I got let go, saying I quit voluntarily. I had texts showing they told me I had no suitable role given my restrictions. TWC sided with me. The moral: document everything in writing from the moment your employment situation starts getting complicated.

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I should probably pull together all the emails from HR about the accommodation conversation. I have them but they're scattered across my inbox.

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Get them organized now, before you need them. If an appeal comes up, you want to be able to find things fast.

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One thing that tripped up my neighbor: he was also collecting a small pension from a previous employer, not the one who laid him off. He assumed it would offset his unemployment. It didn't — only pensions from base-period employers get deducted. His base-period employer was the company that laid him off, and they didn't offer a pension, so the deduction didn't apply. Worth knowing if anyone else has multiple income streams from past jobs.

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That's a very specific scenario and I bet a lot of people get it wrong.

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The rule is specifically about the base-period employer, not any employer ever. People hear 'pension gets deducted' and assume all pensions count.

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Tried claimyr.com to get through to TWC about a totally different issue — an adjudication flag that showed up with no explanation on my claim. The agent pulled up my file, found that my former employer had submitted a late response, and told me the hold would clear within a week once their review was done. Would have been impossible to find that out just by checking UBS.

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Adjudication holds are the worst because UBS just says 'pending' with zero information. Good to know there's a way to actually get answers.

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Exactly — the system doesn't flag what's causing the hold, only that one exists. A live agent can actually tell you which employer response or which issue is under review.

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Coming back to update: I called TWC and confirmed that the determination letter I received covered my workers' comp situation and ruled that the type I'm receiving — medical expense coverage only, not wage replacement — doesn't offset my benefits. So my $480 weekly payment stands. The agent also confirmed I should still report workers' comp on every payment request under 'other income' but that since it's medical-only it won't trigger a reduction. Major relief. Thanks everyone — this thread helped me know exactly what to ask when I called.

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Medical-only workers' comp is the cleaner situation. Wage-replacement overlap is what usually causes the offset. Good outcome.

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Glad you got a clear answer. Knowing the exact type of workers' comp is the whole ballgame in these situations.

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Keep that work search log tight and report every payment request accurately and you should be in good shape going forward.

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