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Samuel Robinson

TWC appeal hearing wait time for overpayment - will it mess up my tax refund?

I'm seriously stressed about this TWC overpayment mess. They claim I owe $2,800 from benefits I received last year, but it's completely wrong. I filed my appeal back in mid-June (it's been FIVE months now!) and still haven't gotten a hearing date. Every time I call, they just say 'appeals are backed up' and give me the runaround. I know I'll win this case because I have all my documentation showing I reported everything correctly, but I'm worried about two things: 1) How long do these appeal hearings typically take to get scheduled? and 2) Will this impact my tax refund if it's not resolved by February? I desperately need that refund money and can't afford to have it held up or garnished for something I don't even owe! Has anyone else dealt with super long waits for appeal hearings or had tax issues because of unresolved overpayment disputes?

I went through this exact nightmare last year. Filed my appeal in April and didn't get a hearing until OCTOBER! That's 6 full months of anxiety and the TWC agent told me that was 'normal' for their backlog. My tax refund DID get intercepted even though my appeal was still pending - they took the full amount they claimed I owed ($1,900) and I had to fight to get it back after I won my appeal. The whole system is designed to wear you down so you'll just give up and pay.

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Ughhh that's exactly what I was afraid of! Did you have to do anything special to get your refund back after winning the appeal? I'm literally counting on that money for some medical bills coming up.

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The appeal process is definitely slower than it should be, but there are a few things you can do while waiting: 1. Make sure you've submitted EVERY document that supports your case through your TWC account portal (check the "Appeals" section) 2. File Form 9465 with the IRS (Installment Agreement Request) before tax season - this can sometimes prevent automatic offsets while a dispute is in progress 3. Contact your state representative's office - they have special TWC liaisons who can sometimes expedite appeal hearings I had a client whose hearing took 4 months to schedule, but we were able to cut that to 6 weeks after involving their state rep. Worth trying!

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That Form 9465 tip is gold! Wish I'd known that before they snatched my refund. The state rep thing is hit or miss though - I tried that route and got nowhere, but maybe OP will have better luck.

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JaylinCharles

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ya mine took 7 months and it was during covid so maybe its faster now? idk but definetly write down EVERYTHING for your hearing date. the judge asked me tons of specific questions about dates and amounts that i wasn't expecting. good luck!!

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7 months?? That's insane. Thanks for the tip about preparing for specific questions - I'll definitely make sure I have everything documented and organized before the hearing.

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To answer your specific question about tax refunds: Yes, an unresolved overpayment determination can absolutely impact your tax refund through the Treasury Offset Program. The TWC can certify the debt to the IRS even while an appeal is pending. However, you can take proactive steps: 1. File a "Request to Defer Collection" specifically mentioning your pending appeal. This form isn't on the TWC website but you can request it by calling. 2. Document EVERYTHING. Keep records of all communications with TWC regarding your appeal status. 3. If you're approaching tax season without resolution, you can also file IRS Form 8379 (Injured Spouse Allocation) if you file jointly with a spouse who isn't subject to the offset. Based on current TWC appeal timelines, you're looking at approximately 4-7 months total wait time from your June filing, so you should hopefully receive a hearing notice within the next 2 months.

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Thank you! I've never heard of a "Request to Defer Collection" - definitely going to look into that right away. I file taxes on my own, so the Form 8379 won't help me, but I'll definitely document everything. Really hoping I get that hearing notice soon.

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Lucas Schmidt

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After WEEKS of trying to get through to TWC about my overpayment appeal (constant busy signals, disconnects, etc), I finally found a service called Claimyr that got me connected to an actual TWC agent in about 20 minutes. The agent was able to tell me exactly where my appeal was in the process and gave me a rough timeframe. Saved me so much stress! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

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That looks really helpful actually. Did they give you any insight about whether they could expedite things? I've been trying to reach someone who can actually give me straight answers for months.

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Lucas Schmidt

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They couldn't expedite my actual hearing date, but the TWC agent I spoke to did make notes in my file about the tax refund concerns, and she gave me the direct fax number for the appeals department (which isn't on their website). Having a real conversation with someone who could actually see my file details made a huge difference.

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Freya Collins

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WHATEVER YOU DO, DO NOT IGNORE THIS!!!! I thought my appeal would protect my tax refund and I was WRONG. They took $3400 from my refund last year even though I had documentation proving I was right. After I finally won my appeal (took 8 months btw), it took ANOTHER 3 months to get my refund back. The system is BROKEN!!!!

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This!!! The exact same thing happened to me. TWC doesn't care if your appeal is pending - they'll take your refund anyway and make YOU do all the work to get it back even after you prove they were wrong.

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LongPeri

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I think these timelines everyone's sharing are pessimistic. My appeal only took about 6 weeks to get scheduled last year. But I did call them every single week for updates and I submitted a hardship letter explaining that the overpayment determination was causing me severe financial and emotional distress. I also prepared an extremely detailed appeal letter with specific references to TWC rules and policies. The hearing examiner actually commented that my preparation helped speed things up. Don't just passively wait - be proactive!

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Freya Collins

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6 weeks?? You got LUCKY. Most people wait months. I called weekly too and it did absolutely nothing to speed things up.

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LongPeri

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It wasn't luck - it was persistence and preparation. I also contacted my state representative who has a dedicated TWC liaison. Not saying everyone will have the same timeline, but being proactive definitely helps rather than just waiting.

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Oscar O'Neil

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The waiting is the worst part! Just a heads up that when you do finally get your hearing, it will probably be over the phone. Make sure you're in a quiet place and have ALL your documents ready. Mine lasted about 30 minutes and the hearing officer was actually pretty fair. I won my case by showing my work search documentation that proved I was eligible. The determination letter came about 2 weeks after the hearing.

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That's good to know. I've been keeping all my documents organized in a folder, including screenshots of all my work search activities and income reporting. Definitely want to be prepared when they finally schedule me.

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I'm dealing with a similar situation right now - filed my appeal in August for a $1,200 overpayment and still waiting. The stress is unreal! One thing that helped me was setting up automatic payments into a separate savings account for the amount they claim I owe, just in case they do intercept my tax refund. That way I'm not scrambling if it happens. Also, I've been documenting every phone call attempt with dates and times - even the busy signals and hang-ups. My tax preparer said this documentation could be helpful if I need to dispute the offset with the IRS later. Hang in there - sounds like you have solid documentation on your side!

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Micah Trail

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That's such a smart idea about setting aside the money! I wish I had thought of that earlier. I'm definitely going to start doing that now just in case. The documentation tip is really good too - I've been so frustrated with the busy signals that I wasn't even keeping track, but you're right that it could be useful evidence later. Thanks for the encouragement - it really helps to know other people are going through the same thing and finding ways to cope with the stress!

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I'm going through this exact same situation right now and the anxiety is killing me! Filed my appeal in July for a $1,800 overpayment that I know is wrong - they're claiming I didn't report wages that I absolutely did report through their system. Still no hearing date and it's been almost 5 months. What's really frustrating is that I called last week and the agent told me appeals are taking 6-8 months now due to staffing issues, which means I definitely won't have this resolved before tax season. I'm terrified they're going to take my refund while my appeal is still pending. Has anyone had success with that "Request to Defer Collection" form that Eloise mentioned? I tried asking about it when I called but the phone agent had never heard of it. Also wondering if it's worth paying for that Claimyr service just to get through to someone who might actually know what they're talking about. At this point I'm willing to try anything to get some real answers instead of the runaround I keep getting. The whole system seems designed to make us give up and just pay money we don't owe. Stay strong everyone - we shouldn't have to pay for their mistakes!

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Oliver Weber

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I'm in almost the exact same boat - filed my appeal in September for a bogus $3,200 overpayment and still waiting! The 6-8 month timeline they gave you matches what I've been hearing too. I actually tried calling about that "Request to Defer Collection" form after reading Eloise's comment and got the same response - the phone agent acted like I was making it up. I ended up trying the Claimyr service Lucas mentioned and it was honestly worth the small fee just to talk to someone who could actually see my file. The TWC agent I got connected to couldn't speed up my hearing but she did confirm my appeal was still active and gave me some specific advice about tax season. She said to file my taxes early if possible and include a cover letter explaining the pending appeal situation. You're absolutely right that the system feels designed to wear us down. I've started keeping a detailed log of every interaction (or failed attempt to interact) with TWC. Hang in there - sounds like we're all dealing with the same broken system but at least we're not alone in this mess!

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Carmen Vega

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I'm dealing with this same nightmare right now and honestly, reading everyone's experiences is both helpful and terrifying! Filed my appeal in late July for a $2,100 overpayment (they claim I didn't report part-time work that I absolutely DID report through their online system - I even have screenshots). It's been 4+ months and still no hearing date. What's really gotten to me is how inconsistent the information is when you finally do get through to someone. One agent told me 4-6 months, another said 6-8 months, and a third one acted like she had no idea and just said "it depends." The lack of transparency is maddening when you're trying to plan financially. I'm definitely going to try some of the suggestions here - especially looking into that deferral request and the Claimyr service. At this point I'm willing to pay a small fee if it means actually talking to someone who knows what they're doing instead of getting the same scripted responses. Samuel, I really feel for you on the tax refund worry. I'm in the same boat needing that money for upcoming expenses. It's so unfair that we have to stress about losing money we're entitled to while fighting overpayment claims that are their mistake in the first place. The whole system really does feel designed to make us give up and just pay whatever they demand.

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Benjamin Kim

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Carmen, I totally understand your frustration with the inconsistent information - it's like they're making it up as they go along! The screenshot documentation you mentioned is exactly the kind of evidence that should win your case. I'm definitely going to look into that Claimyr service too after seeing multiple people recommend it. It's ridiculous that we have to pay extra just to get basic information about our own cases, but if it saves months of stress it might be worth it. Has anyone here actually tried filing their taxes early to beat the offset? I'm wondering if that's a viable strategy or if they can still intercept refunds after the fact.

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I'm going through this exact same situation and it's absolutely maddening! Filed my appeal in September for a $1,650 overpayment claim that's completely bogus - they're saying I didn't report temporary work income that I definitely reported through their portal. I even have email confirmations from when I submitted the wage information. What's really grinding my gears is that I've called 47 times (yes, I'm counting) and only gotten through to an actual person 3 times. Each time they give me different information about wait times. First agent said 3-4 months, second said 6+ months, and the third couldn't even find my appeal in the system at first! The tax refund situation has me losing sleep. I'm supposed to get about $2,800 back and I need every penny for car repairs and medical bills. The idea that they could just snatch it away while I'm still fighting their mistake is beyond infuriating. I'm definitely going to try that Claimyr service after seeing so many recommendations here. At this point, paying a small fee to actually talk to someone competent sounds like money well spent. Also going to look into that deferral request form - even if the phone agents don't know about it, maybe someone higher up does. Stay strong everyone! We shouldn't have to suffer financially because of their incompetence and broken system.

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