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Giovanni Greco

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

Okay so my situation is kind of complicated and I'm not finding a clear answer anywhere. I was working full time at a logistics company until about six months ago when I had a pretty serious back injury. I went on short-term disability through my employer's insurance, got some treatment, and my doctor eventually cleared me to return to work. The company said my position had been eliminated while I was out recovering, so I got a separation notice and that was that. Now I'm trying to figure out if I can even file for Texas TWC unemployment since I was technically on disability when I lost the job. My injury is mostly healed now - I can sit at a desk, do light work, that kind of thing - but I never actually returned to the job before they cut me loose. I'm also still getting some workers' comp payments from the injury, which is a separate thing from the disability insurance. Someone at the workforce office told me I might be disqualified just because of the disability history but that doesn't sound right to me. Has anyone actually been through something like this where you were collecting disability payments and then got laid off and tried to claim unemployment? Do TWC agents even understand these situations or is it just going to be a wall of automated denials?

Week three of my own TWC claim and I ended up calling Claimyr at claimyr.com to get through to an actual agent about my situation - I had a question about some short-term disability payments I'd received and whether they'd affect my benefit amount. The agent told me that disability payments from your own employer's insurance plan and unemployment benefits work separately and don't automatically cancel each other out. What they said was that the key question is whether I was able and available to work full time, because that's what TWC cares about every single week. They walked me through what to report on my payment requests too. Here's the video if anyone wants to see how it works: https://youtu.be/V-IMvH88P1U

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This is really helpful, thank you. The 'able and available' part is exactly what I was worried about - I want to make sure I meet that requirement since I've been cleared by my doctor.

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The workers' comp piece is a little different though - TWC looks at that separately and mails a decision on it. Worth mentioning when you apply.

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My fourth week waiting on a decision and I still don't know what's happening with my claim. Did they say anything about how long it takes once you report those kinds of payments?

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The separation you're describing - position eliminated while you were out on leave - that sounds like a straight layoff to me, not anything related to misconduct. The fact that you were on disability at the time shouldn't disqualify you on its own. The bigger thing TWC is going to look at is whether you're genuinely able and available to work full time right now. If your doctor has cleared you, you can say yes to that honestly, and that's what matters week to week when you submit your payment requests.

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That's what I figured but I keep second-guessing myself. The workforce office person made it sound like disability history was automatically a problem and that really threw me off.

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Workforce office staff aren't always up to date on the actual rules, honestly. They give general guidance but the real determination comes from TWC itself after both you and the employer respond.

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Agreed - I've gotten wrong information from walk-in offices before. The written determination from TWC is what actually counts.

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The workers' comp situation is the part that actually has specific rules attached to it. TWC says you have to report it, and they'll send you a separate letter about whether and how it affects your benefits - it depends on the type of workers' comp you're receiving. I know that's vague but unfortunately that's genuinely how it works, they look at each case individually. What you can't do is just not mention it, because that creates overpayment problems later and those are really hard to get out of.

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Yeah I had no intention of hiding it - I just want to make sure I'm reporting it in the right place. When I apply it asks about income from other sources, so I'll put it there?

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Report it both when you apply and on every payment request where you receive it. The application asks about it and each payment request also has that income question. Don't skip either one.

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Waiting on my own workers' comp decision from TWC right now, three weeks in. It's annoying that you can't just get a straight answer upfront but that's how they do it.

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Sixth week into my claim and I want to flag something that tripped me up - well, not flag it exactly, more like warn people. I assumed 'disability' and 'workers' comp' were the same bucket for TWC purposes and I reported everything wrong. They're treated differently and the determination letters I got were for each issue separately. One said 'can pay' and one said 'cannot pay' and that second one blocked everything even though the first one was fine. Had to appeal to get it sorted out. Read every letter carefully because even one 'cannot pay' decision stops your benefits entirely.

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Oh wow, I did not know one determination could block everything even if other ones are fine. That's really important. How long did your appeal take?

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The hearing itself took about six to eight weeks from when I filed the appeal just to get the hearing packet. Then the actual decision came within a couple weeks after the hearing. Keep requesting payment the whole time though because they only pay the weeks you actually requested on time.

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The appeal timeline is brutal but that advice about keeping up with payment requests during an appeal is crucial. So many people stop requesting payments while they're waiting and then those weeks just disappear.

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Something I want to be clear about since I see confusion about this a lot - being cleared by your doctor to do light or desk work is not the same as being able and available for 'full-time work' in TWC's eyes. If your doctor cleared you for full-time work, great. If the clearance is specifically for light duty or limited hours, you need to think carefully about whether you can honestly say you're available for full-time employment, because TWC asks that every payment request and it matters.

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Mine was a full clearance with no restrictions - I should have said that more clearly in my original post. So I think I'm okay on that front.

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Then you're in good shape on the availability piece. The concern would only be if you had work restrictions, which you don't. Good luck with the claim.

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This is an important distinction. 'Available for full-time work' is what TWC actually requires, not just 'available for some work'. The partial availability situation gets complicated.

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My first week actively looking after my own layoff and I'm still confused about one thing in the original post - are you saying your employer let you go WHILE you were still on the disability leave, before you even came back? Because the reason for separation matters a lot. If they eliminated your position and that's documented, that's a layoff and shouldn't affect your eligibility. But if there's any chance they're framing it differently in their response to TWC, you want to make sure your version is documented too.

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Yes exactly - they sent me a formal separation notice while I was still technically on leave, saying my role was being eliminated as part of a restructuring. I have the paperwork.

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Keep that paperwork. When TWC mails the employer a notice, the employer has two weeks to respond. If they describe the separation differently than you do, you'll want documentation to back up what you're saying.

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This is good advice. 'Position eliminated' is exactly the kind of thing TWC treats as a layoff, not misconduct-related. The documentation you have should support your claim.

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Two months into dealing with TWC on my own claim and honestly the phone situation is impossible. I tried for two weeks to reach someone about a complicated income-reporting question and kept getting disconnected or hitting the automated system. Eventually used Claimyr and got through to an agent the same day. Had a pretty specific question about a pension I was receiving and whether it counted against my benefits - the agent knew exactly what to look at. The claimyr.com site is easy to find if you search it.

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I've been dreading the phone situation. Did it work pretty quickly or did you have to wait a while after setting it up?

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It was pretty fast once I got it going. The agent I got was actually helpful and didn't rush me off the phone which I wasn't expecting.

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My situation involves pension income too, going to try this for my own call. I've been going back and forth on whether my pension affects things.

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Just to cover the SSI and SSDI angle since disability comes in a lot of forms - if what you're receiving is Social Security disability income rather than employer-based disability insurance, TWC doesn't deduct that from your unemployment benefits. The issue there is more about whether you can honestly say you're able and available for full-time work, because SSDI recipients sometimes have documented limitations that make that complicated. Sounds like your situation is employer-based short-term disability insurance though, which is a different story.

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Yes mine was entirely through the employer's short-term disability insurance, not Social Security. I've never filed for SSDI.

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Then the SSDI complication doesn't apply to you at all. Your situation is really just the layoff separation plus the workers' comp reporting question.

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Glad someone clarified this because I was about to ask about SSDI. I have a family member in a different situation where they do receive SSDI and I wasn't sure if unemployment was even on the table for them.

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Eight weeks in on my claim and finally got a 'can pay' determination after a lot of back and forth. One thing I didn't see mentioned yet - when you apply, don't forget to register on WorkInTexas.com because that's part of the requirements. And TWC will mail you a letter telling you exactly how many work search activities you need to do per week in your county. Keep a log of every application and contact because they can ask for it at any time.

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I've heard about the work search requirement but I didn't know the number varied by county. I'm in Tarrant County, do you happen to know what the number is there?

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Tarrant County requires five work search activities a week, same as the other big urban counties. But the letter TWC mails you is what officially sets your number, so wait for that and go by what it says.

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I got caught out not keeping a detailed enough log. TWC asked for mine and I'd only been writing down company names, not dates and contact methods. Keep it thorough from the start.

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The sequence of events in your situation matters a lot for eligibility. You didn't quit - you were separated involuntarily when your position was eliminated. The fact that you happened to be on medical leave at the time is kind of beside the point for the job separation question. It becomes relevant only for the 'able and available' question, which you've addressed by having a full clearance. These are separate issues that TWC looks at separately.

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That framing really helps. I was mixing these up in my head like they were connected when actually they're two different questions TWC asks independently.

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Exactly right. Job separation reason and weekly eligibility requirements are evaluated separately. Getting those straight in your head before you apply will help you answer the questions more clearly.

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Just got my first payment finally after five weeks of waiting and I want to say for anyone nervous about complicated situations - mine involved part-time work I'd done during the base period that I wasn't sure how to report, and it all worked out fine. Report everything accurately, respond to any notices TWC sends, and it usually works out. The system is slow but it does process things eventually.

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Five weeks for the first payment - was that just normal processing time or was there a specific hold on your account?

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Mostly normal processing time plus a short adjudication on a small issue. Once adjudication cleared it was about two more weeks to the first actual payment.

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The four-week estimate for first payment is real. And remember the first week is a waiting week that gets held - you won't see it paid until you've received payments worth twice your weekly amount and either go back to full-time work or use everything up.

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Day one of trying to understand all this - I landed on this thread while searching because I'm in a somewhat similar boat. Got injured, employer restructured, now trying to figure out Texas TWC. The 'able and available' requirement is the thing I keep tripping over because I have some ongoing limitations from my injury even though I'm cleared for most work. If someone has actual restrictions from their doctor, is there a threshold where you're considered not available?

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If your doctor has cleared you for full-time work without restrictions, you're fine. If the clearance is for limited hours or light duty only, you have to be honest that you're not available for all full-time positions. That can limit or eliminate your benefits for weeks where the restriction applies.

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Mine are informal limitations, nothing in writing from the doctor anymore. I'm not sure how to handle that honestly.

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If there's nothing current in writing restricting your work, you're probably in the clear. What matters is whether you genuinely could accept a full-time job right now. If the answer is yes, you can honestly say you're able and available.

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Three determination letters arrived in my mailbox this week for one claim and I'm still puzzling through them. The person above who mentioned that one 'cannot pay' blocks everything even if others say 'can pay' - that's accurate and I wish someone had told me earlier. I'm now looking at whether I need to appeal one of them. The 14-day appeal window from the date it was mailed is real and starts ticking immediately, so don't sit on those letters.

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How do you submit the appeal if you need to? Is it through UBS or do you have to do it in person?

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You can appeal in UBS online, in person at a Workforce Solutions office, or by mail or fax. What you can't do is appeal by email or phone, even though those feel more natural. I did mine through UBS and it was pretty straightforward.

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14 calendar days from the date printed at the top of the letter, not from when you received it. If the letter sat in a slow mailbox for a few days, that's already eating into your window. File as soon as you have it.

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Five months of dealing with TWC issues for a family member and the thing that finally moved things was getting a live agent on the phone who could actually see the account notes. Used Claimyr for that call - the family member had a complicated disability and employment situation similar to what this thread is about, and the agent was able to look at the specific flags on the account and explain what documentation was still needed. Worth using when you have a genuinely complicated situation that the online system can't resolve.

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Did they handle the call themselves or did you do it for them? Wondering how that works for a family member.

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My family member made the call themselves - I just helped set it up. The service gets you to an agent and then it's a normal phone conversation from there.

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That's good to know. My situation is complicated enough that I think I need an actual conversation with someone at TWC rather than just reading FAQ pages.

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Applying for Texas TWC unemployment when you have any kind of disability income or workers' comp in the mix is confusing but it's manageable if you're methodical about it. When you apply, report the workers' comp. Then every payment request is going to ask you about income from other sources - answer that honestly each time. Wait for the determination letters and read each one carefully. If anything comes back 'cannot pay' and you believe it's wrong, that 14-day appeal window is your path forward. The whole process is slow but each step is pretty clear once you know what to look for.

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This is a good summary of what I've learned from this thread. I feel a lot more prepared to actually apply now. Thank you.

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Two months into my claim and I wish this thread had existed when I started. The 'report everything and wait for letters' approach is really the right mindset.

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The appeal window advice is so important. I nearly missed mine because I thought I had more time. The date at the top of the letter is what counts, not when you open your mail.

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Something I want to get straight because I've seen conflicting things - when you're in adjudication, do you still request payments? I was told by someone that you wait until adjudication is done to start requesting, but that sounds wrong to me based on what I've read.

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You absolutely keep requesting payments on schedule even during adjudication. The instructions for when to start requesting are on the letter TWC mails you after you apply - follow that date, don't wait for a decision. TWC only pays weeks that were requested on time. If you stop requesting, those weeks are gone.

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Okay that confirms what I suspected. The person who told me to wait was wrong. I've been requesting on schedule this whole time, glad I didn't listen.

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This is one of the most common mistakes people make. The person who told you to wait probably thought they were being helpful but it's the opposite - stopping requests during adjudication is how people lose weeks they should have been paid for.

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You file on Sundays through Wednesdays, and if you miss that window you have until Saturday of the same week to still get it in. After Saturday it's gone for that period.

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My initial application got flagged because I had a gap in employment that looked odd in the system - I had to explain the medical leave context in writing. If your separation involves a medical leave period, be ready to explain the timeline clearly when you apply and in any follow-up correspondence. The base period they look at to calculate your benefit is the first four of the last five completed calendar quarters before your claim starts, so a period of zero or low wages from being out on disability could affect what your weekly benefit amount works out to be.

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I hadn't thought about the base period impact of being out for several months. My injury started about six months ago, so some of that time falls in the calculation window. I should figure out what my wages looked like in the base period quarters.

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If your wages are low in some quarters because of the medical leave, your benefit amount might be lower than you'd expect based on your normal salary. It's calculated from actual wages paid in the base period, not what you would have earned.

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The alternate base period is only available to people who were out of work for at least seven weeks in a base period quarter due to a medically verifiable illness, injury, disability or pregnancy. If that fits your situation, you'd have to call a Tele-Center to ask about it - it's not something you request online.

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Last month of my benefit year coming up and I'm finally past all the complicated stuff from my own claim. The best advice I can give someone starting out with a complicated situation is to write down a clear timeline of your employment, your injury, your disability payments, and your workers' comp before you even apply. Having those dates straight helps you answer the application questions accurately and makes it easier if you get any follow-up notices.

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This is practical and something I can do right now. I'll put together a timeline before I apply so I'm not scrambling.

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Exactly. And note which payments were from which source - employer disability insurance, workers' comp, any other income - because TWC asks about each category and mixing them up creates problems.

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A written timeline also helps enormously if you end up appealing anything. The hearing is by phone and having your dates and facts organized means you can answer the hearing officer's questions clearly.

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Week seven after applying and my adjudication just cleared today. For anyone worried about where their claim is sitting - I had three separate issues flagged and each one got its own determination letter at different times. The last one arrived this week and it said 'can pay' so I'm finally through. It really does just take time and there's not much you can do except check UBS once a day and keep requesting payments.

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Congratulations on finally clearing. Three separate issues sounds exhausting. I'm bracing myself for a potentially long process.

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Honestly just expect it to take a while and you'll be less stressed. I tried calling constantly at first and it just made me more anxious. The system works, it's just slow.

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Day nine of my own claim and already feeling the anxiety. Good to hear there's light at the end of it.

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