Late-filed TWC appeal hearing next week - anyone won despite appealing past deadline?

I went thru this EXACT thing back in January!! Filed my appeal 22 days late because I was in the hospital with pneumonia. The hearing officer spent about 10 mins asking why I was late before starting the actual hearing. They will consider 'good cause' reasons for late appeals. Medical emergencies, death in family, never received the determination (like ACTUALLY never got it, not just saying that), or proof the TWC gave you wrong info about deadlines. What was your reason for missing the deadline? It needs to be something serious they can verify.

I work with TWC appeals pretty regularly through my job. Here's what you need to understand about late appeals: 1. The appeals examiner MUST address the timeliness issue first before considering the merits of your case 2. "Good cause" for late filing is defined very specifically by TWC as circumstances that would prevent a reasonable person from filing timely 3. You need documentation if possible (medical records, death certificates, etc.) 4. Be prepared to explain exactly why your situation made it impossible (not just difficult) to file on time 5. If they accept your good cause explanation, they'll then move on to the actual case about your separation Medical emergencies for immediate family members can qualify as good cause, but you'll need to demonstrate why it completely prevented you from filing even a basic appeal (which can be very simple) within the timeframe.

i was late for appeal too but lost my hearing bc i didnt have proof. they dont just take your word for it so make sure u bring all paperwork!!

The whole TWC appeal process is RIGGED against claimants!!! I was ONE DAY late with my appeal last year because the USPS delivered my determination letter 5 days after it was dated, and they STILL counted the deadline from the date on the letter, not when I got it!!! Hearing officer didn't care at all that it wasn't my fault. The system is designed to deny as many people as possible and they use these technical deadlines to avoid paying benefits they owe!!

I won my late appeal hearing last year. My determination letter was sent to my old address even though I had updated my address in the TWC system 3 weeks earlier. I had screenshots showing the date I updated my address in the system and was able to prove I never received the original determination. For your hearing, be very specific about the dates. When did you receive the determination? What exact dates was your mother in the hospital? Why couldn't you file even a simple appeal during that time? Make timeline very clear to the hearing officer. Also, be prepared to quickly pivot to the actual issues of your case if they accept your late appeal reason. Have your evidence ready about being laid off rather than quitting. Separation issues can be complicated, so be ready with dates, names of supervisors who informed you of the layoff, any written communications, etc. Good luck!

anybody else constantly getting busy signals when trying to call TWC? i need to check on my late appeal too but cant get through for 3 days now

btw make sure you still request payment every 2 weeks even while waiting for your appeal hearing!! alot of people dont know this. if you win your appeal but havent been requesting payment, you wont get paid for those weeks!!

One more tip for your hearing: be extremely respectful and calm with the hearing officer, even if they seem dismissive of your late appeal reason. Appeals examiners have a lot of discretion, and how you present yourself matters. And remember that the hearing is recorded, so avoid interrupting anyone, even if your employer says things you disagree with. Wait your turn to respond. Also, have a quiet place for the call without background noise or distractions. Regarding your actual separation issue - make sure you clarify the difference between a layoff (lack of work) and quitting. If your employer claims you quit, they need to prove you took clear voluntary actions to end employment. If you can show you were informed it was a layoff due to budget cuts, that's strong evidence in your favor.

Let us know how it goes next week!

Just wanted to add something important - if they do accept your good cause for the late appeal, don't celebrate too early during the hearing! I made that mistake and got a little too relaxed when they moved on to my actual case. Stay focused because the separation issue is just as important. Also, if your employer doesn't show up to the hearing (which happens sometimes), that actually works in your favor. They won't be there to argue their side about you supposedly quitting. But don't count on it - assume they'll be there and be prepared with all your evidence about the layoff. One last thing - write down key points you want to make beforehand so you don't forget anything important when you're nervous. Good luck Omar, sounds like you have solid documentation for both the late appeal and the actual case!

I'm going through my first TWC appeal process right now and this thread has been incredibly informative! I'm curious about something - for those who have been through hearings before, how long do they typically last? Also, @Omar Hassan, I noticed you mentioned having texts from your supervisor about budget cuts. Did you submit those as evidence ahead of time, or are you planning to present them during the hearing itself? I have some similar documentation for my situation and wasn't sure about the timing of when to share it. The advice about staying calm and respectful really resonates with me too. It's easy to get emotional when your livelihood is on the line, but professionalism probably goes a long way with these hearing officers. Wishing you the best of luck next Tuesday!