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Rudy Cenizo

If you take a severance can you collect unemployment in Texas TWC?

Got laid off two weeks ago from my logistics job where I'd been for almost six years. My company offered me a severance package — it's a decent chunk and I signed the paperwork before I really thought through the implications. Now I'm wondering if taking it means I can't file for unemployment at all or if I just have to wait it out somehow. I went ahead and applied through UBS because someone told me I had to do it right away regardless, but now I'm second-guessing that. Do I have to disclose the severance somewhere in the application? I didn't see an obvious place to report it. Really need to get this figured out before I make a costly mistake.

Severance doesn't automatically disqualify you — it really depends on how yours is structured. Some types will pause your benefits while they're being paid out, others won't affect anything. The key thing is you absolutely have to report it when you apply and again on your payment requests when it asks about other income. TWC mails you a determination specifically about the severance after reviewing it, so you won't be left guessing forever. The worst thing you can do is just not mention it and hope it goes away.

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Where exactly do I report it on the application? I already submitted and I'm not sure I saw a severance field anywhere.

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If you already applied and didn't report it, call a Tele-Center at 800-939-6631 as soon as you can and let them know. Don't wait on this one.

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Yeah definitely call them, the payment requests also ask about income from other sources each time so you'll have another chance to report it there too.

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Used Claimyr last week to get through to a live Texas TWC agent — it basically waits on hold for you and then calls you when someone picks up. I needed to ask an agent specifically about my own severance situation because I had the same question you're asking, and the agent confirmed I had to report mine and that TWC would send me a written decision on how it affects my payments. Really straightforward call once I actually got through. Check it out at claimyr.com if calling has been a nightmare for you, there's also a video demo at https://youtu.be/V-IMvH88P1U that shows how the whole thing works.

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I've been trying all morning and can't get through, three hours of redials. I'll look into that.

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My cousin had a severance question too and couldn't get anyone on the phone for days. Might point her toward that service.

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So when you talked to the agent, did they say anything about whether wages-in-lieu-of-notice are different from regular severance? That's my situation and I'm not sure they'd be treated the same.

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The agent told me those are actually different — wages in lieu of notice stop your benefits during the period they cover. But honestly, verify yours with TWC directly because the specifics matter a lot.

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Okay wait, I always thought if you got severance you just couldn't collect unemployment at all, full stop. That's what my HR person told me when I left my last job. Is that actually wrong?

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That's a pretty common misconception. It's not all-or-nothing. Whether severance delays or affects benefits really depends on what kind it is — TWC looks at the specifics and sends you a determination. Regular lump-sum severance often doesn't stop benefits entirely, but wages paid instead of a notice period are a different story and do pause things.

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Huh, so my HR person was just flat-out wrong? That's frustrating, I might have applied sooner if I'd known.

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HR people get this wrong surprisingly often. They're not unemployment specialists. Always better to check with TWC directly or look it up on twc.texas.gov.

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I took a severance last spring and filed for unemployment and it worked out fine. I reported the severance when I applied and TWC sent me a letter within a few weeks saying it didn't affect my eligibility. I did have to request payments right away though, didn't wait for them to sort the severance question out first.

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Did they ever tell you WHY it didn't affect your eligibility or just that it didn't? Trying to understand what factors they're weighing.

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Just got the determination letter saying I was eligible, no breakdown of reasoning really. I think it had to do with the structure of mine — it was a lump sum, not tied to any specific time period.

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The determination letters aren't always super explanatory but you can appeal if you disagree with the outcome, as long as you do it within 14 days of when it was mailed.

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Don't forget you should start doing your work search activities every week even before you get a decision. You need to meet whatever number your county requires — TWC mails you a letter with your specific number. Harris and Dallas counties need 5 activities a week. Keep a log because TWC can ask to see it anytime.

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Already registered on WorkInTexas.com and have been logging activities. Wasn't sure if I should wait until the severance thing got sorted but sounds like I shouldn't pause anything.

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Exactly, don't pause anything. Keep requesting payments too, every two weeks, even if your claim is still being reviewed.

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The work search log requirement caught me off guard the first time I filed. I hadn't saved anything and TWC asked me to verify my activities. Learned that lesson the hard way.

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Just want to double check something — if TWC decides the severance does affect your claim, does that mean you lose those weeks entirely or do they eventually pay them once the severance period ends?

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If certain types of severance pause your benefits, the clock basically waits until that period is over and then your regular eligibility picks back up, assuming everything else is still good. You don't necessarily lose those weeks, they just shift.

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Oh that's way better than I was imagining. I thought it might just wipe out a chunk of my benefit weeks permanently.

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Yeah it doesn't wipe them out. Your benefit year runs 52 weeks from when you applied and your available weeks sit there while the severance question gets resolved.

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Curious about one thing — if someone doesn't report their severance, how would TWC even find out? Just wondering how that actually gets caught.

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TWC gets information from employers when they respond to the separation notice, and severance arrangements often come up in that employer response. Not reporting it when you're required to is treated as fraud — and that means paying it all back plus a 15% penalty on top. It's really not worth the risk.

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Okay yeah definitely not suggesting anyone do that lol, just was curious about the mechanics. The 15% penalty on top sounds rough.

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Yeah don't mess around with that. TWC takes fraud seriously, like criminal charges seriously.

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Something that tripped me up when I filed: I thought I had to wait until my severance was completely done before filing. I waited almost a month and then found out the claim starts the week you apply, and TWC can't go back and pay those earlier weeks. Apply first, report the severance, let TWC sort it out is the right order.

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This is basically exactly what I did though — applied right away even before figuring out the severance question. Sounds like that was the right call?

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Yes, that was the right move. The only thing left now is making sure you've reported the severance to them, either by calling in or through your payment requests.

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The 'apply immediately' lesson is one I wish someone had told me the first time I was laid off. Lost a week of potential benefits just by waiting a few days.

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Does the size of the severance package change whether you qualify? Like if someone got a really large severance versus a smaller one, does TWC look at that differently?

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The dollar amount alone doesn't determine eligibility — it's more about the type and structure. That said, if your severance covers a specific number of weeks, that affects things differently than a one-time lump sum. TWC reviews the specific details of your package.

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Makes sense. So two people could get totally different amounts and both qualify, while someone else with a smaller package might be delayed just because of how it was structured?

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Exactly. The structure matters way more than the size in most cases.

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I've been going through something similar — got laid off with severance from a marketing job in November. Filed with UBS the same day I signed the severance agreement. Still waiting on my determination. It's been almost three weeks now. Is that normal or should I be bugging them?

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About four weeks from your application date is roughly the timeline for an initial decision, so you're close. Keep doing your payment requests in the meantime and don't stop work search activities. The wait is frustrating but pretty normal.

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Okay good to know. I've been requesting payments every two weeks. Just feels weird requesting payment when I haven't been approved yet.

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You're supposed to request even before you're approved — that's how it's supposed to work. If you wait for approval before requesting, you'll miss weeks.

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Genuinely did not know that, glad I've been doing it right by accident basically.

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Quick question for anyone who knows — my employer called the payment a 'separation bonus' instead of severance. Is that treated the same way by TWC or is the naming different?

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The label your employer puts on it doesn't really matter — TWC looks at what the payment actually is. A separation bonus that functions like severance will get treated like severance. Report it and let TWC make the call.

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That's what I figured but wanted confirmation. My HR department gave me conflicting answers about what to call it.

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My situation is a little different — I was given a choice between severance or continuing health insurance for six months. Took the health insurance option. Does that count as 'taking a severance' in TWC's eyes?

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That's genuinely a situation worth calling TWC about directly, because continued benefits as part of a separation package can get complicated. Report the arrangement when you apply and let an agent know the specifics.

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Haven't been able to get through on the phone at all. Might try claimyr.com since someone mentioned it above — I really need an actual person for this one.

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For something that specific you definitely want to talk to an agent, not try to figure it out from online info.

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Went through this exact process about eight months ago. Filed the day after my last day, reported the severance, got a determination letter that said it delayed my benefits by two weeks. After that two-week period I got my payments normally. The process wasn't fun but it worked the way it's supposed to.

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The two-week delay — was that two weeks from when you applied or two weeks from your last day of work?

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From my last day. So those two weeks were essentially a gap where I wasn't getting paid, but after that it was normal payments.

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Two weeks sounds about right for certain types of severance. Knowing there's an end to the waiting helps mentally.

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Something I never see people talk about — the waiting week. When does that come into play with severance situations? I've heard it explained wrong a bunch of times on these forums.

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The waiting week is the first payable week — TWC holds it until you've been paid at least twice your weekly amount AND either go back to full-time work or use up all your benefits. If you go back to work first, you have to request the waiting week yourself through UBS or Tele-Serv. It doesn't automatically get paid just because two payments have come through.

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Okay so it's not like a penalty, it just gets held until those two things happen?

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Correct, it's not a penalty and it's not lost. It just releases under those specific conditions.

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I always thought the waiting week was just the first week automatically paid once you got approved. This thread is genuinely correcting a lot of my assumptions.

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One thing I'd add for anyone reading this — your weekly benefit amount is calculated from the highest single quarter of your base period, divided by 25. So if you had a quarter where you earned a lot more than others, that's the number TWC uses. Max is $619 a week right now for new claims.

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Does severance factor into that calculation at all or is it purely based on wages you earned while employed?

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The base period is based on wages from actual employment, not severance. Severance is a separate thing that affects when you can collect, not how much.

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Good to know the amount itself shouldn't be affected then. That's one less thing to worry about.

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Appeal rights are worth knowing about upfront — if TWC sends you a determination about your severance that you think is wrong, you have 14 calendar days from the mailing date printed on the letter to file an appeal. You do it through UBS. Keep requesting payments the whole time the appeal is going on too, don't stop.

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Can you appeal even if you just disagree with how they categorized your severance, not necessarily that there was an error?

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Yes, you can appeal any determination. You'd explain your reasoning and a Hearing Officer reviews it over the phone. The letter that comes with the determination explains the process.

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And keep requesting payments during the whole appeal period — this is really important. TWC only pays weeks that were requested on time, even if you eventually win.

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Honestly the scariest part of all this is figuring out work search while you're still waiting for severance-related determinations. Some people assume they can skip it while the claim is in limbo but that's wrong — you need to be doing your required activities every week from day one.

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Does the work search requirement start the week you apply or the week your claim actually gets approved?

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Starts from when you apply, essentially. Don't wait for an approval letter to start logging your activities.

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And for anyone unsure of their required number, check the letter TWC mails you — it varies by county and that letter is what determines your specific requirement.

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For anyone who's confused about requesting payments — you don't wait until your claim is approved or resolved to do your first payment request. TWC sends a letter with your payment request date after you apply, and you just request on that schedule regardless of where things stand with your claim.

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I have been requesting every two weeks, wasn't sure if I should stop while the severance issue is being reviewed. Sounds like definitely don't stop.

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Never stop. Even if everything looks like it's on hold, you request on schedule. Missing a request window means that week may not get paid.

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The payment request schedule feels weird when you don't know if you're eligible yet, but it's just how the system works. You request first, TWC sorts out eligibility, they pay what's owed.

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Used claimyr.com to get an agent on the phone about a severance question on my own claim back in October. The agent walked me through exactly what TWC was going to review and told me to watch for the determination letter. Took maybe 20 minutes total on the phone with her and I had way more clarity than I did from just reading the website.

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20 minutes total sounds way more manageable than the hours people spend on hold. That's good to know.

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Did the agent give you any sense of a timeline for the determination letter?

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She said around four weeks from the application date but to keep an eye on UBS for updates in the meantime.

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Is there any way to check status on the severance determination specifically, like separate from the general claim status in UBS?

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UBS shows your overall claim status and any determinations that have been issued, but there isn't a specific 'severance determination tracker.' You'll see it when it posts. Check UBS once a day — TWC updates overnight.

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Okay, so just patience and daily UBS checks. Got it.

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Tele-Serv can also give you basic status updates if you don't want to log into UBS every day — 800-558-8321, it's automated and available any time.

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Coming back to update — finally got through and reported my severance. Agent said I did the right thing applying immediately and that she noted the severance on my account. Now waiting for the written determination. Thanks everyone for walking me through this, I was genuinely panicking two days ago.

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That update is reassuring to hear. Hopefully the determination comes back clean for you.

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Glad you got through! For what it's worth, applying on day one and reporting the severance promptly is exactly the right sequence. You put yourself in the best position possible.

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And now you know to keep requesting payments every two weeks and keep logging work search activities while you wait. You've got the full picture.

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This thread should be required reading for anyone who just got laid off with a package. So much good info here.

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