Can you get unemployment and disability bennifits at same time? Texas TWC rules explained

So does that mean TWC automatically denies me if I apply while on SSDI, or is it more of a case-by-case thing?

It's not automatic denial but the ability to work full-time question is what gets people. If you genuinely can't work full time you wouldn't be eligible for unemployment benefits regardless of the SSDI.

That makes sense. In my case I actually can work, just with some restrictions, so maybe I'm not at the SSDI level after all. I might have been getting ahead of myself on that part.

I definitely planned to report it. I'm more worried about accidentally messing something up than trying to hide anything.

Reporting it is the right move and TWC will just send you a letter with their decision. You don't have to figure it out yourself, just tell them what you're getting and let them calculate it.

Yeah the determination letter spells it out. I got one when I had a small pension overlap situation and it was actually pretty clear about what they were deducting and why.

My phone situation makes staying on hold basically impossible so this is actually really useful to know about.

My sister had a workers comp question for TWC too, might set it up for her. Did you just ask the agent to walk through your specific numbers?

The agent went line by line through what I had reported and told me how each piece would factor in. Way more useful than trying to interpret the website on my own.

Wait so SSDI doesn't reduce my unemployment payment? I assumed it would work like a pension deduction or something.

Pensions only get deducted if they're from an employer who was in your base period. Social Security retirement doesn't get deducted, and SSDI doesn't either. The issue with SSDI is purely the able-and-available requirement, not a dollar-for-dollar offset.

This is the part that tripped me up on my own claim. I kept thinking all income sources reduce your benefit but that's not how TWC calculates it.

How long did the whole process take from application to actually receiving a first payment?

About four weeks from when I applied to when I saw the first deposit. The determination about the workers' comp came about two weeks in and then I just waited for the first payment after that.

Four weeks lines up with what I experienced too. That first payment only covers one week usually because of how the waiting week works.

I thought the waiting week just came after the first two payments automatically, glad someone clarified that because I would have been very confused waiting for a check that wasn't coming.

A lot of people get that wrong. If you go back to full-time work you can actually request your waiting week through UBS or Tele-Serv, it doesn't release on its own.

So I'd need to track that separately and request it myself if I land a job while claiming? Good to know before I assume money just shows up.

Every two weeks? I thought once you disclosed it on the application you were done. So I'd need to report any workers' comp payment I receive during each payment request period?

Exactly. Each request covers two specific weeks and it asks about income in each of those weeks separately. So if you got a workers' comp payment in week one but not week two, you'd answer yes for one and no for the other.

This is accurate. TWC isn't just doing a one-time check at the start, the ongoing reporting requirement is real and skipping it can create an overpayment issue later.

That's genuinely scary. It sounds like the safest approach is to report everything and let TWC decide rather than trying to calculate it myself.

That's exactly the right mindset. You don't have to figure out the rules, you just have to give TWC accurate information and they send you letters telling you the outcome. The fraud risk comes from knowingly hiding stuff, not from making honest mistakes in good faith - though an honest mistake can still create an overpayment you'd have to repay.

The penalty for actual fraud is a 15 percent surcharge on top of everything owed back, plus TWC does pursue criminal charges in serious cases. Not worth it even if you think you can get away with it.

Work search requirements don't automatically go away because of a medical situation. You need to be able and available for full-time work every single week you claim. If your disability genuinely prevents you from working full time, you wouldn't qualify for unemployment that week regardless of work search.

Okay so the able-and-available thing is week by week, not a blanket determination at the start of the claim?

Correct. Every payment request period you're certifying that you were able and available during those weeks. If you have a week where you genuinely couldn't work, you'd answer accordingly and that week wouldn't be payable.

Five a week in Travis County is a lot when you're also dealing with a medical situation. What counts as an activity anyway?

TWC gives examples but it includes applying for jobs, attending job fairs, things like that. WorkInTexas.com is where you register and you keep a log because TWC can audit you at any time.

I haven't registered on WorkInTexas.com yet. Is that something I do before or after I apply for unemployment benefits?

Oh that's helpful, so I'm not creating two separate accounts. I was dreading another round of password setup.

UBS does require a one-time verification code every time you log in though, just so you're not surprised by that step.

The disconnection after a long hold is the most demoralizing thing. You finally think you're about to talk to someone and then the line drops.

She said the agent was actually really thorough once she got through. Explained the whole reporting process step by step.

Okay at this point I've seen it mentioned twice and I'm going to try it when I'm ready to call and ask about my specific workers' comp type.

My last day was last Friday so I should apply this week then. I kept thinking I had to wait until everything was sorted out with the workers' comp situation first.

Apply now and disclose the workers' comp on the application. TWC handles the determination separately. Waiting just costs you money.

This is so important. A lot of people wait thinking they have to have everything figured out first and then lose weeks of potential benefits. Apply first, let TWC figure out the details.

My highest quarter was probably before the injury since I was working more hours then. Would a workers' comp period where I had no wages hurt my benefit amount?

There's an alternate base period but that's only for people who were out at least seven weeks in a base period quarter due to a medically verifiable illness or injury. If your situation qualifies you'd need to contact a Tele-Center to ask about it.

That alternate base period option is specifically for the wage calculation issue, not a general workaround. Definitely worth asking about if injury kept you out for that long though.

I didn't know payment requests could be done by phone on the automated line. I've been logging into UBS every time.

Either works. Some people prefer the automated line, some prefer UBS. Payment requests are due every two weeks and you can file them Sunday through Wednesday on time, or Thursday through Saturday of that same week if you miss the window.

Good to know there are two options. I'll probably use UBS since I'm more comfortable doing things online.

This catches so many people off guard. Social Security retirement also doesn't get deducted, which surprises a lot of folks who assumed it would.

The only real income offset situation for most people is wages earned during a claim week, and even then you can earn up to 25 percent of your weekly benefit amount before any reduction starts.

14 days goes fast. So if I get a workers' comp determination I disagree with I need to move quickly.

The date on the letter is what counts, not when you receive it, so open and read any TWC mail the same day if you can.

The appeal process is a phone hearing with one Hearing Officer. No lawyer required though you can have one. The packet with the hearing details usually arrives five to ten days before the hearing date.

Consistent advice from multiple directions now. Report it, let TWC decide, don't try to calculate it yourself.

That's really the whole answer. The system is set up for you to give them information and get letters back with decisions. You're not supposed to self-adjudicate.

The letters actually do explain the reasoning which helps if you need to decide whether to appeal.

I've seen fraud mentioned a few times in this thread and it confirms my instinct to be completely transparent. I'd rather lose some benefits legitimately than risk that.

Exactly. And honestly most people who get fraud determinations didn't start out planning to defraud anyone, they just made a decision to omit something thinking it wouldn't matter. Report everything and document that you did.

Keeping a copy of everything you submit and every letter you receive from TWC is just good practice across the board, not just for fraud protection.