Missed my TWC appeal hearing - can I still fight disqualification for 'quitting'?
I completely messed up and missed my TWC appeal hearing yesterday. Just got the decision and they affirmed the original determination. I'm freaking out because they've disqualified me saying I 'voluntarily quit' and that I'm 'unavailable for work' - both are ABSOLUTELY NOT TRUE! I never quit - I was let go after they restructured my department and I'm actively looking for jobs every single day. The online portal won't let me file another appeal on this decision and I've been calling TWC for 3 days straight but just get busy signals or disconnected. Has anyone successfully appealed AFTER missing their hearing? Is there a special process for this? I'm desperate and rent is due next week!
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Gianni Serpent
You need to file a Motion to Reopen immediately. This isn't the same as an appeal - it's specifically for when you miss a hearing. You have 14 days from the date on the decision letter to submit this. You'll need to explain why you missed the hearing, and it needs to be a good reason (medical emergency, death in family, etc). Go to the TWC appeals portal and look for the Motion to Reopen option. If you can't find it online, fax your request to the TWC Appeals Department with your cause number and explanation.
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Ryder Ross
•Thank you so much! Will a car breakdown on the way to the hearing count as a good reason? That's literally what happened - my transmission gave out 30 mins before the hearing and I couldn't get to a phone in time. Will try the appeals portal now.
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Henry Delgado
omg this EXACT same thing happened to my brother last year!!! he missed his hearing and they said he quit when he was actually laid off. took him forever to fix it but he got his benefits eventually. hang in there
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Ryder Ross
•That gives me hope! Did he have to do that Motion to Reopen thing? How long did it take for him to get it resolved?
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Henry Delgado
•ya he did the motion thing and had to wait like 3 more weeks for another hearing. the second time he made sure to call in like 20 min early lol. but after that hearing they fixed it pretty quick and paid him backpay too
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Olivia Kay
TWC IS THE WORST!!!! I had the SAME PROBLEM last year and they made me wait 8 WEEKS before giving me another hearing! Their whole system is designed to DENY good people benefits! The worst part is you can't even talk to anyone about it because no one EVER answers the phones. I ended up having to go to the actual TWC office in person and DEMAND they help me with my appeal. Don't give up!
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Ryder Ross
•8 weeks?! I can't wait that long! Did going to the office in person actually help? There's one about 30 minutes from me but I wasn't sure if they handle appeals stuff there.
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Olivia Kay
•They don't technically handle appeals at the local office BUT they CAN tell you exactly what to do and sometimes they'll let you use their fax machine to send your documents directly to the appeals department! At least at my office they did. Better than nothing!
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Joshua Hellan
After you submit the Motion to Reopen, keep requesting payment every two weeks even though you'll probably get denied. If your motion is successful and you win your case later, you can get backpay for those weeks, but ONLY if you kept requesting payment. A lot of people forget this part.
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Jibriel Kohn
•This is excellent advice. Actually, you should continue to request payment even if you're denied benefits for ANY reason while an appeal is pending. Keep doing your work searches too and documenting everything. The system won't let you submit the work searches if you're disqualified, but keep track of them anyway because you'll need to provide that information if your appeal is successful.
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Edison Estevez
why didnt u just call in for the hearing? thats what i did for mine u dont have to go in person
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Ryder Ross
•My hearing was supposed to be by phone but I was driving to somewhere with better reception when my car broke down. By the time I got help I had already missed it. I should have planned better :
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Edison Estevez
•oh that sucks man. yea always gotta be ready like 30 min early for those calls. hope u get another chance
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Emily Nguyen-Smith
I was in a similar situation - missed my hearing because I wrote down the wrong date. I spent DAYS trying to reach TWC by phone with no success. I finally used Claimyr (claimyr.com) and got through to a TWC representative in about 20 minutes instead of days of redialing. They explained exactly how to file my Motion to Reopen and what documentation I needed to include. You can see how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh - definitely worth it in emergency situations like this when you're facing deadlines.
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Ryder Ross
•Thank you! I've never heard of that service but I'm getting desperate. I'll check out that link. Did you win your appeal after you got the Motion to Reopen accepted?
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Emily Nguyen-Smith
•Yes! The Motion was approved and I got a new hearing scheduled within 3 weeks. I made sure to be super prepared for the second hearing - had all my documentation ready and organized. I won my appeal and got all my back benefits. The key was being able to talk to someone who could explain exactly what I needed to do for the Motion to be accepted.
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Jibriel Kohn
For your Motion to Reopen, you need to specifically address both issues: 1. Explain why you missed the hearing (car breakdown is legitimate, but provide any documentation you can - towing receipt, repair bill, etc.) 2. Explain why you believe the determination is incorrect (you didn't quit, you were part of a restructuring) Make sure you use the exact terminology from your determination letter when addressing why it's wrong. For the "unavailable for work" part, list specifically how you're available (full-time, certain shifts, etc) and what job search activities you've been doing. File this within 14 calendar days (not business days) of the date on your hearing decision letter. If approved, prepare thoroughly for your next hearing - gather employment records, separation notices, any communications about the restructuring, and evidence of your job searches.
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Ryder Ross
•This is incredibly helpful! I still have the tow truck receipt in my email and the estimate from the mechanic. I'll include copies of those. For the restructuring, I have the company-wide email announcing the changes and my termination letter that specifically mentions "position elimination due to departmental restructuring" - will that be enough?
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Jibriel Kohn
•Those documents sound perfect. The company-wide email and termination letter specifically mentioning "position elimination due to departmental restructuring" are exactly what you need. Make copies of everything (don't send originals) and keep a digital backup as well. When you get your new hearing date, call in at least 15 minutes early and have all documents organized and in front of you. Be calm and factual when explaining your situation.
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Olivia Kay
Also worth knowing: if your Motion to Reopen is denied for some reason, you can still appeal the case to a higher level at the TWC Commission Appeals. You have 14 days after a Motion to Reopen denial to file that next-level appeal. This system is DESIGNED to wear you down so you'll give up, but DON'T QUIT!!!
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Ryder Ross
•That's good to know there's another option if this doesn't work! I definitely won't give up - I've paid into this system for years and need the help now. Thanks!
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Henry Delgado
dont forget to put like your cause number and ssn and stuff on everything you send them!! my friend had his appeal delayed cuz they "couldnt match" his paperwork to his case even tho he sent it
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Ryder Ross
•Oh wow that would be terrible! I'll make sure to put my full name, cause number, last 4 of SSN, and claimant ID on everything. Thanks for the tip!
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