TWC appeal hearing disaster - officer didn't read my evidence
I just had my TWC appeal hearing and I'm absolutely fuming. I spent 15+ hours creating a detailed document with timestamped evidence proving I followed the advice of a TWC agent who gave me incorrect information about my claim. The hearing officer admitted she hadn't even LOOKED at my evidence before the call! She put us in recess until some undefined 'later date' and kept talking to me like I was trying to cheat the system. This is beyond frustrating - I'm trying to access benefits my employer already paid into and never contested! My situation: I carefully read the TWC handbook, was confused about some requirements, so I called SIX separate times (spent over 2 hours total on the phone) with a TWC agent who gave me completely wrong information. I followed his guidance exactly, which led to my disqualification. Now I'm being treated like I'm committing fraud? How is there zero accountability when THEIR EMPLOYEE gives incorrect information that we rely on? I don't even want to get the guy in trouble - I just want my legitimate benefits. Has anyone successfully appealed in a situation like this? I feel like I'm being gaslit by the entire system.
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Diego Fisher
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.
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Evelyn Kim
•That's exactly how I felt! Did your hearing ever continue after the recess? I'm worried they're just stringing me along.
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Henrietta Beasley
Sorry your going thru this. TWC system is broken
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Evelyn Kim
•Thanks. It's just so frustrating that there's no recourse when they're the ones who gave the wrong information in the first place.
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Lincoln Ramiro
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.
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Evelyn Kim
•Thank you so much for this detailed advice! I've never heard of "detrimental reliance" before but that's exactly what happened. I'll definitely request my claim file - I hadn't thought of that. Did you have any documentation of what the agent told you in your case?
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Faith Kingston
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.
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Emma Johnson
•Not everyone has the same experience. My sister won her appeal last month. It depends on your case and how you present it.
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Liam Brown
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
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Evelyn Kim
•No, I didn't think to record the calls. I do have detailed notes with the dates/times and what was discussed though. Do you think that'll be enough?
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Lincoln Ramiro
•Even without recordings, your notes can be helpful if they're detailed. Also, TWC does keep records of calls and what information was provided. That's why I suggested requesting your full claim file - it often contains notes from each interaction.
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Olivia Garcia
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.
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Evelyn Kim
•That's a great idea about having a witness! I'll definitely do that for the next hearing. And thanks for the Claimyr tip - I've been trying to get through to someone about some questions before the next hearing and it's been impossible.
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Noah Lee
•I tried Claimyr when my benefits suddenly stopped, and it actually worked. Expensive but worth it when ur desperate lol
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Emma Johnson
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.
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Evelyn Kim
•They didn't even schedule the continuation date yet. Just said they'd send a notice. I'll definitely confirm receipt next time though - lesson learned!
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Lincoln Ramiro
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.
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Evelyn Kim
•Thank you! I'll definitely use the term "agency error" - that sounds like exactly what happened in my case. I appreciate all your help with the terminology.
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Diego Fisher
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!
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Noah Lee
•Yuuup. My neighbor got told the wrong thing about work search requirements and got disqualified for six weeks. System is broken
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Lincoln Ramiro
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.
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Evelyn Kim
•I didn't know I could still request payments during the appeal! Thank you - I'll start doing that today. And I'll definitely file a complaint regardless of the outcome.
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