Can I collect unemployment if I get fired for medical reasons? Texas TWC situation
Six weeks ago my employer let me go and the termination paperwork says the reason was 'inability to perform essential job functions due to medical condition.' I'd been dealing with a nerve condition in my hands that made it hard to do the precision assembly work I was hired for. My company knew about it, I had documentation from my doctor, and I even asked about moving to a different role but they said nothing was available. I filed with Texas TWC right after and I've been in adjudication ever since. The determination letter I got said TWC needs to look into the circumstances of my separation. What I can't figure out is whether getting fired for a medical reason counts as misconduct or not. I didn't DO anything wrong — I had a genuine health condition that affected my ability to do the job. My weekly benefit amount on the UBS portal shows $487, and I've been submitting my payment requests every two weeks like I'm supposed to. I registered on WorkInTexas.com and I'm doing my five required work search activities every week (Harris County here). I just don't know what TWC is going to decide about whether I'm eligible or not. Has anyone been through something like this?
76 comments

Zoe Papadopoulos
Week two of adjudication for me right now on a totally different issue, so I feel this. But I do know something about the fired-for-medical-reasons question because I researched it when I first filed. The way TWC defines misconduct — it's stuff like breaking company rules, breaking the law, neglecting your duties on purpose, or just flat out not doing the work when you're capable of doing it. The key phrase there is 'when you're capable.' If a medical condition genuinely prevented you from doing the job, that's not really the same as choosing not to do it. So your situation sounds different from a typical misconduct call.
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Aiden O'Connor
AuthorThat distinction between 'incapable' and 'choosing not to' is exactly what I've been trying to understand. My doctor's records make it very clear I physically couldn't do the assembly work safely. I just hope TWC sees it that way.
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Jamal Brown
The 'capable of doing it' piece is real — TWC's own language around misconduct leans on whether the person could have done the work and chose not to. Medical incapacity sits outside that bucket in most cases.
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Fatima Al-Rashid
my cousin got fired for attendance and TWC denied him at first saying it was misconduct. he appealed and won because all the absences were documented medical appointments. so the documentation angle is super important
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Giovanni Rossi
Adjudication on my claim just wrapped last week after almost five weeks, so I wanted to come back and mention something that actually helped. Getting through to a live TWC agent felt impossible for a while — I tried calling the Tele-Center over and over and kept hitting the same wall. I ended up using Claimyr (claimyr.com) and there's a video walkthrough of how it works at https://youtu.be/V-IMvH88P1U. What it does is hold your place in the phone queue and connects you when an actual agent picks up. I used it to ask specifically about what documentation TWC had received from my employer and whether there was anything missing from my file. The agent confirmed everything was in and told me my case was just waiting for a reviewer. That one call saved me a lot of guessing.
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Aiden O'Connor
AuthorFive weeks of adjudication and you got through — that's actually reassuring to hear. I'll look into that phone option because I've been wanting to ask about my employer's response and whether my doctor's records got attached properly.
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Aaliyah Jackson
Currently on week three of my own adjudication and phone access has been my biggest frustration. Might set that up this afternoon.
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KylieRose
Employer responses to TWC can sometimes change the whole direction of a claim. Getting confirmation that your file is complete is worth a call.
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Miguel Hernández
Just got my determination letter yesterday on a fired-for-performance case and I want to clear something up I've seen float around — performance issues and misconduct are not automatically the same thing in TWC's eyes. TWC looks at whether you were genuinely capable of doing the work and just didn't try, versus whether you were struggling despite effort. That said, the line can get blurry when a medical issue affects performance, which is probably why your claim is in adjudication instead of a quick decision.
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Aiden O'Connor
AuthorPerformance versus misconduct is exactly the gray area I'm worried about. My work was declining because of the nerve condition, but I never stopped trying. I even asked my supervisor about modified duties multiple times before the termination.
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Sasha Ivanov
Asking for modified duties and having that documented is actually meaningful context. It shows you weren't just failing to show up for work, you were actively trying to stay employed.
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Liam Murphy
yeah the documentation trail matters a lot. emails asking for accommodations, doctors notes, all of it paints a picture that this wasn't just ignoring the job
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Amara Okafor
Three months back I went through a separation that TWC also had to adjudicate, and one thing nobody told me until way too late: keep doing those payment requests on schedule no matter what. Even if adjudication is going on, even if you haven't heard anything, even if you're terrified they're going to deny you. If TWC approves you later and you skipped payment requests, they can only pay you for the weeks you actually requested. I missed two weeks early on and those were just gone.
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Aiden O'Connor
AuthorAlready doing this — haven't missed a single payment request since I filed. The instructions sheet they mailed me was pretty clear about not waiting on adjudication before submitting them.
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CaptainAwesome
This is so important and not obvious. The system feels like you should wait to know if you're eligible before claiming weeks, but that's backwards. You file the requests and TWC holds the money until they decide.
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Zoe Papadopoulos
Harris County also here. The five work search activities requirement is real — I've heard of people getting flagged when TWC spot-checks the logs. Keep records of every application and contact you make.
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Yuki Tanaka
I didn't know this my first time filing years ago and lost like three weeks of benefits. painful lesson
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Esmeralda Gómez
Just starting week one after getting my own separation — different circumstances, laid off — and I've been reading everything I can find about how TWC handles these decisions. From what I've gathered, when the fired reason is something the employee literally couldn't control, TWC's misconduct framework kind of doesn't apply the same way. Misconduct is about choices and disregard for the job. A medical condition removing your ability to do specific physical tasks isn't really a choice.
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Aiden O'Connor
AuthorThat framing helps — it's about whether I had agency over what happened. I didn't choose to develop a nerve condition.
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Klaus Schmidt
Worth adding that TWC mails a notice to the employer and gives them 14 days to respond. Whatever your former employer writes in that response could affect how adjudication goes, so it's worth being thorough and accurate in anything TWC asks you.
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Aaliyah Jackson
About four weeks into my own situation and I want to flag a question about the work search side of this. If TWC approves you, do the work search activities you've been doing during adjudication count, or do you have to kind of re-document everything from the approval date? I've been keeping a log but I'm not sure how far back TWC actually looks at it.
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Zoe Papadopoulos
TWC can ask for your work search log at any time and for any week you claimed benefits. So keeping records from the very first payment request week is the right move. The log should cover every week, not just weeks after a decision.
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Aaliyah Jackson
Okay that makes me feel better, I've been tracking everything since day one just in case. Applications, company names, contact method, dates — the whole thing.
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Miguel Hernández
Your required number of activities per week is in the letter TWC mailed you after you filed. That letter is your reference, not whatever you heard from someone else. My letter said five per week but someone in my family in a different county had a lower number.
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Aisha Patel
Determination on my overpayment appeal just came in so I've been deep in TWC paperwork all month. For the original question though — I've seen a lot of these fired-for-medical threads and the outcomes really do vary. TWC looks at whether the person was given a chance to address the situation, whether the medical condition was documented and known to the employer, and whether any alternatives were explored. You mentioned all three of those things. That's not a guarantee but it's a meaningfully different situation than someone who just stopped showing up.
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Aiden O'Connor
AuthorI did everything I was supposed to — disclosed it to HR, got medical documentation, asked about other roles. I just physically couldn't do the assembly work anymore. I'll keep fingers crossed that TWC weighs all of that.
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Fatima Al-Rashid
The 'alternatives explored' piece is interesting. I wonder if requesting a transfer counts in TWC's evaluation or if it's really just about the separation itself.
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Aisha Patel
From what I understand, the broader picture of the separation — including what happened leading up to it — can be part of what TWC reviews in adjudication. It's not always just the final day.
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LilMama23
My determination came in after six weeks and I want to share one thing that was confusing me the whole time: I kept using the words 'adjudication' and 'appeal' like they meant the same thing. They don't. Adjudication is what TWC does on its own while figuring out if there's an issue with your claim — you're just waiting. An appeal is something YOU file if you disagree with a determination TWC already made. Very different situations with different timelines and different things you need to do.
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Aaliyah Jackson
I definitely mixed these up in my first few weeks. I kept thinking I needed to 'appeal' my adjudication when really I just needed to wait and keep submitting payment requests.
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Aiden O'Connor
AuthorGood to know. I haven't received a determination yet so I'm still in the waiting phase. If they deny me, that's when the 14-day appeal window would start from the date on the letter.
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Jamal Brown
Exactly right — the 14 days runs from the mailing date printed on the determination letter, not from when you actually receive it in your mailbox. So open that letter the day it arrives and don't sit on it.
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Dmitri Volkov
Employer response pending on my partner's claim right now, slightly different situation, but I used Claimyr last week to call TWC and ask where things stood on her case. The agent confirmed they were still waiting on the employer's 14-day window to close before they could move forward. Knowing that specific thing — that it wasn't a documentation problem, just timing — made the waiting a lot easier.
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Aiden O'Connor
AuthorThe employer timeline piece is something I hadn't thought about. I filed about six weeks ago so if they took their full 14 days to respond, TWC has presumably had their version of events for a while now.
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Esmeralda Gómez
Whether the employer contests the claim can really change the trajectory. A laid-off employee whose company doesn't contest usually moves through faster than a fired employee where the employer submits a detailed response.
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CaptainAwesome
Payment request number three just went through for me and I realized I never fully understood the waiting week thing until this week. It's not just about making two payment requests — TWC holds your first payable week and doesn't release it until you've been paid an amount equal to twice your weekly benefit AND either go back to full-time work or use up all your benefits. Both conditions.
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Aaliyah Jackson
Wait I thought the waiting week paid out automatically after the first couple payments? That's not right?
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CaptainAwesome
Not automatic. You need both things: enough payments AND either returning to full-time work (in which case you have to request it through UBS or Tele-Serv) or exhausting your benefits. TWC holds it until one of those happens.
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Yuki Tanaka
I went into this thinking I'd see that first week fairly early. It's held the whole time. Annoying but at least it doesn't disappear — it's still there.
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Sasha Ivanov
About to hit week seven of my claim and my adjudication just cleared two days ago, approved. For anyone watching their UBS account obsessively: TWC updates the system overnight, not in real time. So if something changes on your claim, you'll see it the next morning, not the moment they process it.
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Aiden O'Connor
AuthorI've been checking UBS and Tele-Serv every day, sometimes twice. Knowing it's a nightly update makes me feel slightly less obsessive about it.
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Aisha Patel
Tele-Serv at 800-558-8321 is actually useful for quick status checks without waiting on hold. It's automated but it'll at least tell you if payments have processed.
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Esmeralda Gómez
Seven weeks and you got through — good news. How many payment requests did you have backed up waiting for the adjudication to clear?
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Klaus Schmidt
Letter from TWC sitting in front of me right now asking for more information about my separation. If they contact you during adjudication asking for your side of things, respond quickly and completely. Don't leave gaps in your explanation. TWC is trying to build a picture of what happened and anything you leave out might get filled in by the employer's version.
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Aiden O'Connor
AuthorNo additional information request yet on my end — just the initial adjudication notice. If they do reach out, I have my doctor's records, the HR correspondence about accommodation requests, and the termination letter all ready to go.
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Miguel Hernández
Having that documentation organized and ready to send is smart. Some people scramble when TWC asks and end up sending incomplete information.
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Dmitri Volkov
Responding quickly matters too. TWC is juggling thousands of claims and a fast, complete response from you keeps momentum on yours.
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Yuki Tanaka
My first claim years ago got denied and I didn't appeal in time because I didn't realize the 14 days started from the mailing date, not when I got the letter. By the time I read it and figured out what to do, the window had closed. Second claim I handled totally differently. If you get a denial, do not wait a single day.
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Aiden O'Connor
AuthorThat's a really important warning. I'll make sure to open any determination letters the day they arrive.
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LilMama23
The appeal goes in writing — online through UBS, in person at a Workforce Solutions office, or by mail or fax. Phone calls and emails don't count as filing an appeal.
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Fatima Al-Rashid
Just wrapped up an appeal hearing last month. The hearing is a phone call with a Hearing Officer from the Appeal Tribunal. You don't need a lawyer. You get a packet mailed to you before the hearing date, usually five to ten days before, and you need to register your phone number between 15 and 60 minutes before the call starts. If you get to that stage, knowing those mechanics ahead of time helps a lot.
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Aiden O'Connor
AuthorGood to know what that process looks like in case I end up needing it. Hoping I don't, but it's better to understand it ahead of time.
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Aaliyah Jackson
Does the hearing packet come with instructions on what documentation to bring up? I always wonder how formal those calls actually are.
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Fatima Al-Rashid
The packet has the information TWC already has on the case. You can bring up your own documentation during the hearing. It's fairly structured — the Hearing Officer controls it — but you do get to explain your side. Written decision usually follows within about five to ten working days after.
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Liam Murphy
UBS login has been giving me fits this month — just want to mention for anyone else running into it, the system uses the same login as WorkInTexas.com and sends a one-time code every time you sign in. If your email or phone for that code is outdated, getting in becomes a whole thing. Update your contact info on WorkInTexas.com before you need it urgently.
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Aiden O'Connor
AuthorMine has been working fine but I'm glad I know this. I did already make sure my phone number was current when I registered.
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CaptainAwesome
Good heads up. I got locked out for three days because my old number was on the account. Took way longer to fix than it should have.
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KylieRose
Somewhere around month two on my own claim and wanted to come back to the original question here. Getting fired for a medical reason occupies a space that TWC has to think about carefully because the standard misconduct definition really is about intentional or willful behavior. What you're describing — a physical condition that made certain tasks impossible — doesn't fit neatly into that box. That doesn't mean automatic approval, but it does mean there's a real argument for eligibility that TWC should be weighing.
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Aiden O'Connor
AuthorThat's the core of it — my inability to do the job wasn't willful. I didn't stop caring or stop trying. My hands stopped working the way they needed to for precision assembly.
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Jamal Brown
TWC has to send separate determination letters for each issue they're reviewing. So even if one determination says 'can pay,' you need every single determination to be in your favor before money starts flowing.
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Sasha Ivanov
That multi-determination thing tripped me up. I got one good letter and thought I was done, then had to wait for two more. Worth knowing.
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Gabrielle Dubois
Benefits year question on my end: my claim started in October and I want to make sure I understand the timeline. The benefit year is 52 weeks from the Sunday of the week you filed, right? So I have until roughly October of next year to use whatever I'm eligible for?
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Zoe Papadopoulos
That's basically right — 52 weeks from the Sunday of your application week. The benefits themselves can run out before that year ends depending on your maximum benefit amount, but the year is the outer boundary.
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LilMama23
Your maximum benefit amount is either 26 times your weekly amount, or 27 percent of everything you earned in your base period — whichever is lower. That cap means some people exhaust benefits well before the 52-week window closes.
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Gabrielle Dubois
The 27 percent of base period wages piece is new to me. I'll have to do that math versus my weekly amount times 26 and see which one limits me.
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Tyrone Johnson
Waiting on week four of adjudication myself and the silence is brutal. Something that's helped me: checking in with Tele-Serv every morning takes about two minutes and at least tells you if any payments have processed. It's not a replacement for getting a human on the phone but it keeps you from spiraling between UBS checks.
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Aiden O'Connor
AuthorI've added Tele-Serv to my daily routine. The automated system is limited but it's something.
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Klaus Schmidt
Payment requests through Tele-Serv using Option 1 also work if UBS is having issues. Good to know both paths.
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Jamal Brown
Fifth week of my claim, determination finally came through last Thursday. For the question at the top of this thread — if TWC does deny you, check the specific language in the determination. The reason they give matters for how you frame your appeal. A denial citing inability to perform is handled very differently than one citing misconduct. The determination letter should spell out exactly what finding they made.
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Aiden O'Connor
AuthorIf I get a denial I'll read it very carefully before drafting anything for the appeal. The specific wording seems like it would shape the whole response.
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Tyrone Johnson
Used claimyr.com last week to reach a TWC agent and confirm whether my employer's response had been received. The agent said it had come in and was under review. Even that small piece of information was worth the call.
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Aisha Patel
Knowing whether the employer contested the claim is genuinely useful. Some people get approved quickly when the employer doesn't push back, and adjudication drags longer when there's a contested separation.
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Ingrid Larsson
Adjudication cleared on my claim just this morning and I had a fired-for-inability-to-perform situation too, different industry. What TWC asked me in my information request was specifically about whether I had any notice that the job was at risk, whether I requested any accommodations or transfers, and whether my employer gave me any opportunity to respond before the termination. The fact that you asked about other roles and had documentation will probably matter.
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Aiden O'Connor
AuthorI had all three of those things — my employer knew about the condition for months, I requested modified duties twice in writing, and I was given a termination meeting where HR walked me through the paperwork. I'll make sure to lay all of that out clearly if TWC contacts me.
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Ingrid Larsson
The written record of requesting modified duties is probably your strongest piece. It shows you were trying to maintain employment, not just waiting to collect.
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Esmeralda Gómez
That detail about the information request questions is really helpful context for what to expect. Knowing what TWC is actually trying to figure out helps you give them a complete answer.
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