TWC appeal hearing after 2 years - can I win if I appealed late due to COVID question error?
So my TWC appeal hearing is FINALLY happening after I filed over 2 years ago. I'm freaking out because I think I messed up by answering one of those COVID-related eligibility questions incorrectly. When I realized my mistake, I tried to appeal immediately but couldn't get through to anyone on the phone for WEEKS (kept getting busy signals or disconnected). By the time I managed to submit my appeal request, it was well past the 14-day deadline. The determination letter said I wasn't eligible for benefits because of how I answered the COVID question, but it was honestly just confusion about what they were asking. I've got my hearing scheduled next Tuesday and I'm super worried the late appeal timing is going to automatically disqualify me regardless of my actual eligibility. Has anyone successfully won their appeal when they submitted it after the deadline? Will they even consider my explanation about the COVID question confusion or just dismiss everything because I was late appealing? I really need this resolved - they're saying I owe $8,900 in overpayments!
15 comments
Sean O'Donnell
I was in a similar situation last year, though mine was only about 6 months delayed, not 2 years. TWC does have a "good cause" exception for late appeals. You need to be prepared to explain exactly why you couldn't file on time - document all your call attempts, screenshots of busy signals, any TWC website errors, etc. For the COVID question itself, bring any documentation that shows your actual situation matched what the eligibility requirements were supposed to be. The hearing officer will first determine if your late appeal had good cause, and only then will they consider the actual eligibility issue. In my case, I won because I could prove I had been trying to reach them consistently. Make sure you emphasize that you tried to appeal immediately when you realized the mistake, not that you waited until they started asking for repayment.
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StarSeeker
•Thank you SO MUCH! I have a call log showing I tried calling them 27 times over those weeks! Should I also bring emails I sent trying to get help? I didn't think to take screenshots of the busy signals though... Do you think the call log will be enough?
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Zara Ahmed
2 YEARS??!! omg the TWC system is such a joke. they make it IMPOSSIBLE to talk to anyone then punish you for not contacting them on time. i had a similar issue (different question tho) and lost my appeal bc they said i didnt have "good enuf reason" for late filing. the whole thing is rigged against us regular people!!!!
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StarSeeker
•That's exactly what I'm worried about! Did you bring any evidence to your hearing about why you filed late?
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Luca Esposito
I successfully won an appeal with a late filing, but timing is critical here. The hearing officer's first question will be about why your appeal was filed late. You need to demonstrate "good cause" which means circumstances beyond your control prevented timely filing. For the COVID question error itself, you should: 1. Explain exactly which question you misunderstood and why 2. Bring documentation showing your actual circumstances during that period 3. Reference the specific TWC eligibility criteria that you actually did meet 4. Present a timeline of your attempts to correct the error Remember that TWC hearings are recorded, so speak clearly and organize your thoughts beforehand. Address the hearing officer as "sir" or "ma'am" and don't interrupt when others are speaking. If you lose at the appeal hearing level, you can still appeal to the Commission Appeal level within 14 days of receiving the hearing decision.
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StarSeeker
•This is incredibly helpful! I've been so stressed about this. Do you think I should bring a written statement explaining the COVID question confusion? The specific issue was that I misunderstood the question about "refusing work due to COVID concerns" - I thought they were asking if I had concerns about COVID, not if I had refused a specific job offer because of COVID.
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Nia Thompson
my cousin had the exact same thing happen!!! he answered the covid question wrong too and owed like $12k! he won his appeal even tho it was late because he had proof he tried calling a bunch of times. make sure you have your phone records!!!!
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Luca Esposito
•This is good advice about the phone records. The "good cause" exception for late appeals definitely applies when claimants can prove they were actively trying to reach TWC but couldn't get through due to system overload. The appeal tribunal recognizes this was a common problem, especially during peak COVID periods.
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Mateo Rodriguez
Have you tried using Claimyr to reach TWC? I was in a similar situation last month and couldn't get through on the phones for days. Someone on this forum recommended Claimyr (claimyr.com) and they got me connected to a TWC agent in about 20 minutes. They have a video showing how it works: https://youtu.be/V-IMvH88P88?si=kNxmh025COIlIzKh I know your hearing is already scheduled, but you might want to try to speak with someone at TWC before the hearing to better understand what documentation they'll be looking for regarding your late appeal. Good luck!
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StarSeeker
•I've never heard of this service! I wish I'd known about it 2 years ago when I was desperately trying to reach someone. I'll definitely check out that video and see if I can talk to someone before my hearing. At this point I'll try anything that might help.
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GalaxyGuardian
i answered the covid question wrong too but i never appealed cuz i didnt think id win... now they say i owe $5400 back... do u think i can still appeal even tho its been over a year?
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Sean O'Donnell
•You can request to appeal late, but you'll need to show good cause for why you waited so long. "I didn't think I would win" likely won't qualify as good cause. However, if you can show you didn't understand the determination letter or your right to appeal, you might have a chance. I'd recommend trying to speak with a TWC representative as soon as possible to discuss your options.
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Luca Esposito
After reading through this thread, I want to emphasize a few important points about your specific situation: 1. The "COVID question" misunderstanding was extremely common and many people have won appeals on this basis. Particularly the question about "refusing work due to COVID concerns" confused thousands of claimants. 2. For your late appeal defense, make sure to emphasize that you attempted to appeal IMMEDIATELY after receiving the determination, not after receiving an overpayment notice. This distinction matters to the hearing officer. 3. Present your evidence in chronological order: determination received on X date, phone attempts on these dates (show call log), email attempts on these dates, and finally when your appeal was accepted. 4. If possible, bring a witness who can testify that they observed your attempts to contact TWC during that period. The fact that your hearing is happening now indicates TWC has at least accepted your appeal for consideration, which is already a positive sign.
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StarSeeker
•Thank you for breaking this down so clearly. I'll definitely organize my evidence chronologically. And yes, the "refusing work due to COVID concerns" was EXACTLY the question I misunderstood! I thought they were asking if I had general COVID safety concerns, not if I had refused a specific job offer. I'll make sure to explain this clearly at the hearing.
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Aisha Abdullah
Just make sure you dress professionally for the hearing (even if it's over the phone or video) and be SUPER respectful to the hearing officer. My husband won his appeal even though he was like 3 weeks late filing it, but he had documentation showing he tried calling multiple times. The hearing officer was actually pretty understanding about how hard it was to reach TWC during that time. Good luck!
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