Late-filed TWC appeal hearing next week - anyone won despite appealing past deadline?
So I'm in a tough spot with my TWC unemployment claim. I filed an appeal against my determination letter but did it about 18 days after the deadline (had some family emergencies and honestly just missed the 14-day window). Now I have my telephone hearing scheduled for next Tuesday, and I noticed the hearing notice specifically mentions they'll be addressing the late appeal issue before even getting to my actual case. I'm freaking out because I desperately need these benefits. Has anyone here ever succeeded with a late appeal? Did they accept your reason for filing late? I'm worried they'll just dismiss everything without even considering why I was disqualified in the first place. My employer is claiming I quit, but I was definitely laid off due to budget cuts. Any advice on how to handle the late appeal part of the hearing? What kind of explanations have worked for others?
17 comments
Chloe Taylor
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.
0 coins
Omar Hassan
•Thanks for sharing your experience. My mom was hospitalized with serious heart problems, and I was the only one who could be with her (my siblings live out of state). I do have the hospital paperwork showing her dates there. Did they make you provide any proof of your pneumonia during the hearing itself?
0 coins
ShadowHunter
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.
0 coins
Omar Hassan
•This is really helpful, thank you. I do have my mom's hospital admission and discharge papers. Would it help if I also explained that I didn't have reliable internet access at the hospital? I basically was staying there 24/7 during those critical days after I got the determination letter.
0 coins
Diego Ramirez
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!!
0 coins
Anastasia Sokolov
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!!
0 coins
Sean O'Connor
•This happened to me too! The dating system is so unfair. They date the letter the day they make the decision but it takes 3-5 days to reach you in the mail, so you really only have like 9-11 days to respond, not 14. And if you don't check your mail daily? Too bad.
0 coins
Zara Ahmed
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!
0 coins
Omar Hassan
•Great advice, thank you! I'll put together a clear timeline. The determination letter arrived April 3rd, mom went into the hospital April 5th, and I finally filed my appeal on May 5th when things stabilized. I have texts from my supervisor specifically mentioning "layoffs due to budget cuts" so hopefully that helps with the actual case if they get past the late filing issue.
0 coins
Luca Conti
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
0 coins
Zara Ahmed
•I was having the same problem last month! Busy signals for days and when I finally got through, I was on hold for 2 hours and then got disconnected. I finally used Claimyr (claimyr.com) and got through to TWC in about 20 minutes. They basically keep calling for you until they get through, then connect you directly to a TWC agent. I was skeptical but they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Way better than wasting days trying to get through yourself, especially when you're dealing with time-sensitive issues like appeals.
0 coins
Chloe Taylor
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!!
0 coins
Omar Hassan
•Oh wow, I didn't know that! I stopped requesting payments when I got the denial. I'll start doing that again right away. Thanks for the tip!
0 coins
ShadowHunter
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.
0 coins
Omar Hassan
•Thank you for this advice. I'll definitely find a quiet place for the call and stay calm no matter what. I do have texts from my manager specifically mentioning budget cuts and the layoff, so I'll have those ready. Fingers crossed they accept my late appeal reason first though.
0 coins
Chloe Taylor
Let us know how it goes next week!
0 coins
Omar Hassan
•Will do! Really appreciate everyone's advice. I'm feeling a bit more prepared now, though still nervous.
0 coins