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Giovanni Mancini

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

So I've been dealing with a back injury since earlier this year and my employer finally let me go last month because I couldn't keep up with the physical demands of the job. I applied for SSDI through Social Security and I'm also wondering if I can file for unemployment through Texas TWC at the same time. The thing is, to get unemployment you have to say you're able and available for work, but to get disability you kind of have to show you can't work. That feels like a contradiction to me and I don't want to get in trouble for saying something wrong on either application. Has anyone actually navigated both of these at the same time? My doctor says I have limitations but I'm not completely unable to work - I just can't do the heavy lifting my old job required. I could do desk work or something lighter. I filed my TWC application last week and I'm waiting to hear back but I'm honestly not sure if I should have done that given the SSDI situation.

Wait, are you applying for SSI or SSDI? Because those are two different programs and it might matter for your TWC claim differently. Just want to make sure before weighing in on this.

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SSDI, the one based on work history. I've worked full time for about 11 years so I think I qualify to apply at least.

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Yeah that distinction matters a lot actually. SSI is need-based, SSDI is work-record based. For TWC purposes both are treated differently so good clarification.

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My situation was similar and I actually used Claimyr to get through to a live TWC agent about this exact question. I needed to know how my workers comp claim would affect my unemployment, and the agent walked me through how TWC handles different types of disability income. You can check it out at claimyr.com and there's a video demo at https://youtu.be/V-IMvH88P1U that shows how it works - basically it holds the phone line for you and connects you when a real agent picks up, which saved me hours of redialing. The agent told me TWC mails a decision on how your specific income type affects your claim, so there's no one-size-fits-all answer.

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That's really helpful, I've been trying to get through to someone at TWC for days with no luck. I'll check that out.

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Good to know there's a way to actually reach someone. I've been going back and forth about whether to even file because of my own situation with disability income.

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My cousin had a workers comp situation too and TWC sent her a determination letter within a few weeks explaining exactly what would be deducted if anything. She said calling in actually helped speed up getting the right information.

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The core tension you're describing is real but it doesn't automatically disqualify you from both. The key with TWC is that you have to honestly be able and available for full-time work every week you request payment. If your doctor says you can do light duty or desk work, and you're genuinely looking for jobs like that, you can likely check that box truthfully. The issue comes if someone says they're available for work on the TWC side while simultaneously telling Social Security they're completely unable to work at all. That's where people get into trouble.

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Right, that's exactly what I'm worried about. My doctor hasn't said I'm totally disabled, just that I have restrictions. So I think I'm okay saying I can work, just not in my old role.

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This is the accurate way to think about it. The two programs have different definitions of disability. SSDI is about your ability to do substantial gainful activity generally, while TWC looks at whether you can do some kind of work week to week. Having limitations doesn't automatically mean you fail either test.

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Does being on SSDI also affect how much you can earn while claiming unemployment? Like is there an earnings limit that stacks?

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SSDI doesn't get deducted from your unemployment payment the way some other income does. TWC's rules say Social Security retirement isn't deducted, and SSI and SSDI aren't deducted either - but your ability to actually do work still matters every single week. So collecting SSDI doesn't kill your unemployment claim by itself, but you do have to genuinely be able and available for work.

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Oh that's clarifying, so the issue isn't the money side, it's the availability question.

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This makes me feel better about the application I already submitted. I was worried I'd done something wrong just by filing.

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Worth noting though that TWC mails you a determination on this stuff, it's not like you just get approved automatically and nothing is reviewed.

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There's a misconception floating around that disability and unemployment are mutually exclusive no matter what. That's not quite right. The real question is whether you can honestly certify you're able and available for some type of full-time work each week. If your limitations prevent ANY work whatsoever, then you genuinely can't claim UI. But a lot of people with partial disabilities can still do sedentary or light work.

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This is the clearest explanation I've seen on this. The 'able and available' requirement is really the crux of it.

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My physical therapist actually told me I should document everything about what work I can and can't do, specifically for situations like navigating these two programs at the same time.

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Okay but here's what nobody talks about - what happens if your SSDI gets approved while you're already collecting unemployment? Does one cancel out the other or do you have to repay TWC? This system is SO confusing and TWC never explains anything upfront.

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SSDI approval doesn't automatically end your unemployment eligibility, but it can affect your able and available status depending on what your determination says. The safest move is to call TWC if your SSDI situation changes.

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Yeah I've been wondering about this too. What if Social Security decides I'm disabled enough for SSDI but I'm still doing some light work searching? It feels like I could get caught in the middle.

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The TWC won't just figure it out for you - you have to report changes to your situation. That's on the claimant.

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Work search requirements still apply even with an injury. You have to make the number of work search activities your county requires every week - TWC mails you a letter with your specific number, and that's what you go by. For people with physical limitations, applying for jobs you can actually do with your restrictions counts. So if you can do desk work, apply for desk jobs and log those contacts.

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I'm in Harris County and registered on WorkInTexas.com already. I figured I'd apply for administrative or coordinator type roles. Does applying on WorkInTexas.com count toward the work search log?

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Applying through WorkInTexas.com absolutely counts. Keep records of everything - the job title, company, date, how you applied. TWC can ask for your log at any time.

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Harris County requires 5 work search activities a week which is more than most. Just want to make sure you know that in case your letter says a lower number, double check it.

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Actually got a TWC determination on exactly this situation - had a partial disability from a car accident and was applying for both. TWC sent a letter about my workers comp first (separate from SSDI), and then separately evaluated my claim. The two things ran on different tracks. What mattered was that I kept requesting payment on schedule and kept doing my work search every week.

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How long did it take to get the workers comp determination from TWC? Mine is pending and I don't know if I should wait before making my first payment request.

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Don't wait on making payment requests. Keep requesting on your regular schedule, even before any determination comes back. TWC only pays weeks you requested on time - that's really important.

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This is crucial. Missing a payment request is so easy to do when you're waiting to hear back on other stuff, and you can't get those weeks back easily.

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Can I jump in here because my situation is a little different - I'm getting long-term disability payments from my former employer's insurance policy, not SSDI. Does anyone know if that works the same way?

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Private LTD policies and SSDI are handled differently by TWC. With private disability insurance you should report it on your payment requests under other income and TWC will mail a determination on how it affects your benefits. Don't assume it has no effect.

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Ugh okay so I need to report it. I had no idea that was a question on the payment request form.

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Every payment request asks about income from other sources, and that includes disability payments. It's always better to report and let TWC decide than to not report and face an overpayment later.

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TWC overpayments are no joke. If they determine you weren't eligible for weeks you were paid, they come after every dollar even if it wasn't your fault. No hardship exception, no forgiveness. So be really careful about the able and available question every single week - if something changes, like your doctor updates your restrictions to say no work at all, you need to stop requesting payment for that week.

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That's honestly the scariest part of all this. I'd rather be super conservative and lose out on a few weeks than get hit with an overpayment.

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Seriously the overpayment thing is brutal. I know someone who had to deal with one and TWC took it from his next job's wages through some kind of lien. It went on for months.

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To be clear - TWC doesn't garnish wages directly. They can file an Abstract of Assessment which creates a lien, and they can intercept federal tax refunds and state payments like lottery winnings. The collection is real but it's not a paycheck garnishment.

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Something that helped me when I had a medical situation during a claim: I kept a simple document on my phone with each week's status. Week, was I able and available, did I do my work search activities, what did I earn. It made payment requests way less stressful because I wasn't trying to remember everything from two weeks ago.

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That's a really smart system. I've been kind of winging it mentally and I need to be more organized.

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Also keep copies of everything TWC sends you - the determination letters especially. Those have dates on them that matter if you ever need to appeal anything, and the appeal window is only 14 calendar days from when it was mailed.

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The 'available for work' question actually trips a lot of people up with partial disabilities. Here's how I think about it: if you could start a job tomorrow that fits within your doctor's restrictions, would you take it? If yes, you're available. If your restrictions are so severe that no real job would accommodate them, that's a different situation and you should be honest about it.

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Framed that way I'm definitely available. I could start a data entry or customer service job tomorrow if someone offered it.

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That's a really useful framing. It also helps when you're doing your work search - you should be applying for jobs you'd actually accept, not just going through the motions.

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My brother went through a whole back and forth with TWC because he said he was available but then his doctor submitted paperwork to Social Security saying he was completely incapacitated. TWC got wind of it and sent him a determination saying he hadn't been able and available. He had to appeal and it was a whole mess. The lesson is consistency between what you're telling different agencies matters a lot.

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How did his appeal end up going?

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He won the appeal because he could show his doctor's actual limitations note was about his prior job specifically and he had genuinely been applying for sedentary work. The Appeal Tribunal went off the actual evidence at the hearing, not what Social Security had on file.

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The appeal hearing is a phone call with one Hearing Officer and you present your own evidence. No lawyer required. The written decision usually comes within about five to ten working days after the hearing. It's worth doing if you get a determination you disagree with.

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Used claimyr.com last week to get through to TWC about my own medical situation - had a knee surgery right in the middle of my claim and needed to know what to report. The agent explained that as long as I genuinely could do some kind of light work during recovery and was actually applying for those jobs, my able and available status was intact. Worth a call if you have specific questions like these.

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Good to hear from someone who called specifically about a medical thing. I might use it to get clarity on my specific SSDI situation before my first payment request is due.

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My payment request is coming up and I have a part-time job I picked up. I've been meaning to call and ask how to report partial earnings correctly too.

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Partial earnings reporting is actually pretty clear once you know the rule. You report what you earned for the week the work happened, not when you got paid. If you earned less than 25% of your weekly benefit amount, you get your full payment. Earn more than that and your payment gets reduced by whatever's over that 25% threshold. Earn more than your weekly benefit amount plus that 25% cushion and you get nothing for that week.

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So if my weekly benefit is like $400, I can earn up to $100 without any reduction? And then above $100 it starts coming off my payment dollar for dollar?

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Exactly. And if you earned $501 or more in that example, you'd get zero for the week. But that's just for that week - it doesn't affect your other weeks.

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I need to remember this. If I do pick up any light duty work during this process I'll know how to report it correctly.

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Disqualification situations also end eventually if you do get cut off - for anyone who gets denied for a job separation reason, you can clear it by working again. You'd need to earn six times your weekly benefit amount or work at least 30 hours a week for six weeks, then lose that job for a reason that's not your fault. It's not permanent.

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That's good context. Though if the OP gets denied it would more likely be for the able and available issue than a job separation issue, right?

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Yeah, job separation and ongoing eligibility are separate issues. Separation is about how you left your job. Able and available is about every week going forward. They're handled in separate determination letters.

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TWC sends a determination for each issue, and even if one comes back saying it can pay, another one saying it can't will override it. Don't celebrate one approval letter too early if there are multiple issues pending.

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Does the waiting week thing apply even if your claim gets delayed by an adjudication? Mine is sitting in some kind of review and I don't even know if the clock on the waiting week is running.

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Keep making your payment requests on schedule even while in adjudication - that's the most important thing. The waiting week is the first payable week and TWC holds it until you've been paid two times your weekly benefit amount AND you either return to full-time work or use up your benefits. Both conditions have to be met.

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Oh I thought it just paid out after a couple payments. So it doesn't automatically come through, there's a separate step?

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For going back to full-time work, you do have to request it specifically through UBS or Tele-Serv. It doesn't happen automatically. If you exhaust your benefits it handles itself, but if you go back to work you need to actively request that waiting week payment.

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My father-in-law got confused about adjudication vs. appeals and missed his window to actually appeal a determination because he thought the adjudication was still ongoing. Adjudication is when TWC is figuring out if you qualify - it's the initial review. An appeal is after they've sent you a determination and you disagree with it. The appeal window is 14 calendar days from the date printed at the top of that determination letter, and that clock doesn't care whether you've called or whether you're confused.

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14 days is so short. I feel like most people don't even look at their mail quickly enough to catch that.

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You can appeal online through UBS which helps because you're not waiting on physical mail going back and forth. The date that matters is when the determination was mailed to you, not when you received it, so act fast.

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This is really important to know. I'm going to keep a close eye on any mail from TWC and check UBS every day.

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Checking UBS once a day is genuinely the best habit. TWC updates its systems overnight so if something changes you'll see it the next morning. It uses the same login as WorkInTexas.com so once you have that set up you're good for both.

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The two-factor code at every login is a little annoying but I get why they do it.

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It's worth making sure your phone number and email on the account are current so the login code actually reaches you. People get locked out because their contact info is outdated.

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For what it's worth, used Claimyr again recently for my mom who had questions about her pension being deducted from her UI. The agent confirmed that pensions only get deducted if they come from an employer in her base period. Hers was from a company she left 15 years ago so it had no effect. Having that answer directly from TWC saved her weeks of worrying.

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My situation is a little similar - I have a small annuity from a previous employer. I've been wondering if that would count against my claim.

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Whether it's a base period employer is the key question. If your annuity is from somewhere you worked in roughly the last two years, it might matter. If it's older than that, probably not. But a TWC agent can tell you definitively for your specific situation.

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This thread has been genuinely the most useful thing I've found on this whole situation. Thank you all.

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