TWC appeal hearing disaster - officer didn't read my evidence

The EXACT same thing happened to me! My appeal officer was a total jerk who kept interrupting me and wouldnt let me finish explaning. They just want to deny as many claims as possible to save $$$. I think they have quotas they have to meet for denials. Its not YOUR money, so they dont care how much you suffer. I had all my evidence organized by date and everything and the officer just ignored it.

Sorry your going thru this. TWC system is broken

I've been through the TWC appeal process and won, so don't give up hope. Here's what helped me: 1. Request a full copy of your claim file through a records request - this will show all notes from your phone conversations 2. Document EXACTLY what the agent told you with as much detail as possible (date, time, name if you have it) 3. Focus on "detrimental reliance" in your argument - this means you reasonably relied on incorrect information from a TWC representative to your detriment 4. When the hearing resumes, immediately state that you submitted evidence that wasn't reviewed and request that it be considered before proceeding 5. Stay calm and factual - I know it's frustrating, but emotional arguments don't work well If the hearing officer seems biased, you can appeal to the Commission after their decision. The three-member Commission reviews these cases and can overturn the hearing officer.

OMG this system is RIGGED against us!!! I went through 3 appeals and still got denied even tho I had PROOF my employer lied about why they fired me. The hearing people dont care about facts they just rubber stamp whatever TWC already decided. Save yourself the stress and just find another job, thats what I had to do.

did you record the phone calls with the TWC agent? texas is a one-party consent state so that would have been legal. without proof of what they told you its going to be really hard to win

I won my appeal after a similar situation last year. The key was being super organized and not letting the hearing officer rush me through my evidence. One thing that helped me was having a friend join the hearing as a witness (you're allowed to do this). They didn't even speak, but knowing someone else was listening seemed to make the officer behave more professionally. Also, if you're having trouble getting through to TWC to sort this out before your next hearing, I used a service called Claimyr (claimyr.com) that got me through to an agent in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Don't give up - the system is frustrating but you can win if you're persistent and prepared.

When is your next hearing date? Make sure to submit your evidence again at least 48 hours before and call to confirm they received it. I'd even email it directly to the hearing officer if possible.

One more thing - in your next hearing, ask the officer to acknowledge on the record that all of your submitted evidence has been reviewed. If they haven't reviewed it, request a continuance (postponement) to give them time to do so. You have the right to have your evidence considered. Also, if the TWC representative gave you incorrect information, that may constitute an "agency error" which can be grounds for backdating benefits or removing a disqualification. Make sure to specifically use that terminology.

Has anyone else noticed that the SAME DAMN THING happens every time? They send you to some phone rep who gives WRONG info, then they punish YOU for following it??? Its like they WANT us to fail so they can deny benefits. The whole system needs to be investigated!

After your hearing is resolved (hopefully in your favor), I recommend filing a formal complaint about receiving incorrect information. While it won't help your current situation, it might prevent others from experiencing the same problem. You can file a complaint here: https://www.twc.texas.gov/jobseekers/unemployment-benefits-contact-information (look for "unemployment benefits complaint resolution") In the meantime, continue requesting payments (if you're able to) while your appeal is pending. If you win, you'll receive benefits for all eligible weeks you requested payment, even during the appeal process.

I'm so sorry you're dealing with this - it's incredibly frustrating when the system that's supposed to help you becomes an obstacle. I went through something similar last year where I was given conflicting information by different TWC agents about my eligibility requirements. A few things that helped me prepare for my continued hearing: 1. Create a timeline document showing exactly when you called, what you were told, and how you acted on that information 2. If you remember the agent's name or any reference numbers from your calls, include those 3. Print multiple copies of all your evidence - bring extras to the hearing in case they "lose" them again The fact that the hearing officer admitted to not reviewing your evidence beforehand is actually good for your case - that's a procedural error on their part. When the hearing resumes, politely but firmly state that you expect all submitted evidence to be reviewed before any decisions are made. Don't let them intimidate you. You followed the guidance you were given by their own representative - that's not fraud, that's reasonable reliance on official information. Stay organized, stay calm, and keep fighting for what you're entitled to.

I'm new to this community but dealing with a similar TWC nightmare right now. Reading through all these responses gives me both hope and dread - hope that people do win these appeals, but dread that this seems to be such a common problem with their system. @Evelyn Kim - I really feel for you. The fact that the hearing officer admitted to not reviewing your evidence is actually shocking (though apparently not uncommon based on what others are saying). That alone seems like grounds for procedural misconduct. One thing I wanted to add that I learned from my lawyer friend - when you do get your continuation hearing, make sure to ask for the hearing to be recorded if it isn't already. You have the right to request this, and it protects you if there are any disputes about what was said during the proceedings. Also, has anyone mentioned contacting your state representative's office? Sometimes they have constituent services that can help navigate state agency issues like this. It might be worth a shot if the appeal doesn't go your way. Hang in there - it sounds like you've done everything right and have good documentation. The system is clearly broken, but that doesn't mean you can't win within it.

I'm so sorry you're going through this - it's absolutely infuriating when you do everything by the book and still get treated like you're trying to scam the system. The fact that the hearing officer admitted to not even looking at your evidence is completely unprofessional and honestly grounds for a complaint in itself. I went through a similar situation about 8 months ago where I was given incorrect information by a TWC representative about my work search requirements. What really helped me was creating a detailed written statement that included: - Exact dates and times of all phone calls - What specific questions I asked and what responses I received - How I relied on that information to my detriment - Screenshots of any confirmation emails or reference numbers When my hearing resumed, I started by addressing the procedural issue - I politely but firmly stated that I had submitted evidence that wasn't reviewed and requested that we pause until it could be properly examined. The hearing officer actually appreciated that I was organized and had everything documented. The key phrase that helped me was "detrimental reliance on official guidance" - I made it clear that I wasn't trying to circumvent any rules, but that I had specifically sought official guidance to ensure compliance and followed it exactly. Don't let them gaslight you into thinking this is your fault. You did exactly what any reasonable person would do - you called for clarification and followed the guidance you received. That's responsible, not fraudulent. Keep fighting for what you're entitled to!

I'm really sorry you're dealing with this frustrating situation. What you're describing unfortunately happens more often than it should, but the good news is that you have a strong case based on what you've shared. A few additional thoughts that might help: 1. When your hearing resumes, consider opening with a brief statement about procedural fairness - something like "Before we begin, I need to confirm that all evidence I submitted has been reviewed, as this is essential for a fair hearing." 2. Document everything about this current hearing experience too - the officer's admission that she hadn't reviewed your evidence, her unprofessional attitude, etc. This could be relevant if you need to appeal further. 3. If you have any written confirmation emails or reference numbers from your calls with TWC, those can be powerful evidence even without recordings. The legal concept others mentioned - "detrimental reliance" - is exactly right for your situation. You reasonably relied on official information from a government representative, and you were harmed as a result of following that incorrect guidance. Stay strong and don't let them make you feel like you did anything wrong. You went above and beyond to ensure compliance by calling multiple times and following their guidance exactly. That shows good faith, not an attempt to defraud the system. Keep us updated on how it goes! Many people here are rooting for you.

I'm dealing with a very similar situation right now and this thread has been incredibly helpful! I had my initial hearing last week where the officer barely looked at my evidence and seemed to have already made up their mind before we even started. What really struck me about your situation is how you went above and beyond to get clarification by calling SIX times - that shows incredible good faith effort on your part. The fact that you're being treated like you're trying to defraud the system when you were literally trying to follow their rules correctly is just mind-boggling. I wanted to share one additional resource that helped me - the Texas Department of Labor website has a section on "procedural due process" that outlines your rights during appeal hearings. It specifically states that all submitted evidence must be considered and that hearing officers should maintain professional conduct. You might want to reference this if you encounter similar issues in your continuation hearing. Also, I've found it helpful to practice stating my case out loud beforehand. It sounds silly, but when you're nervous or frustrated during the actual hearing, having practiced your key points helps you stay focused and professional. Don't let them wear you down - what happened to you with the incorrect agent guidance is a legitimate basis for appeal, and you have every right to expect your evidence to be properly reviewed. Rooting for you!