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TWC approved my benefits but now employer filed appeal - will I have to repay?

Hey everyone, I'm in a bit of a panic situation with my TWC benefits. After being laid off from my warehouse job, I waited almost 7 weeks for my initial claim to process. Finally got a call from a TWC officer last month who asked for additional details about my separation (they wanted clarification about the reduction in hours that led to my leaving). After that call, I received an approval letter and have been getting benefits ($387/week) for about 4 weeks now. I've been diligently doing my 3 required work searches each week and documenting everything correctly. But yesterday I got a letter saying my former employer has filed an appeal against my claim! They're apparently saying I voluntarily quit without good cause (which is NOT true - they reduced my hours from 40 to 12 per week, making it impossible to pay my bills). I'm freaking out about two things: 1. If the appeal decision reverses my approval, will I have to pay back the $1,548 I've already received? 2. Will my benefits continue coming while waiting for the appeal hearing, or will they stop immediately? Has anyone dealt with an employer appeal after already receiving benefits? I'm seriously stressed about this and would appreciate any advice!

I went through almost the EXACT same thing last year! Yes, your benefits should continue until the appeal hearing decision is made. The TWC won't cut you off just because your employer filed an appeal - that would be unfair since you were initially approved. BUT - and this is important - if the decision gets reversed after the hearing, then yes, you'll have to pay back everything you received. This is considered an "overpayment." Make sure you thoroughly prepare for your appeal hearing. Have documentation ready that proves your hours were cut that drastically. Texts, emails, schedules showing the reduction - anything that backs up your side. When is your hearing scheduled?

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Thank you so much for the quick response! My hearing is scheduled for May 17th, so about 3 weeks from now. I do have copies of my old schedule showing 40 hrs and then the new one with only 12 hrs. I also saved text messages where I asked my manager if this reduction was permanent and they confirmed it was. Will these be enough? Should I get statements from coworkers who witnessed what happened?

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contiue requesting ur payments every 2 weeks even during the appeal process!! dont miss any or theyll say u abandoned ur claim

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Oh good point! I'll definitely keep requesting payments. My next request date is this Sunday. Thanks for that reminder!

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As someone who's worked with TWC claims for years, I can tell you that a substantial reduction in hours (like from 40 to 12) is generally considered good cause for leaving employment - this is called "constructive discharge" in many cases. From what you've described, you have a strong case as long as you can document the reduction. For your hearing: 1. Make at least 4 copies of ALL documentation (for yourself, the hearing officer, employer, and file) 2. Write out a clear timeline of events 3. Be prepared to explain how the reduced hours affected your financial situation 4. Stay calm and professional during the hearing, stick to facts 5. If it's a phone hearing, be in a quiet place with good reception Regarding your questions: • Benefits continue during appeal process • If decision is reversed, it creates an overpayment • You would receive notice about repayment options if that happens (usually can set up a payment plan) Lastly, continue meeting ALL work search requirements during this time!

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This is incredibly helpful information, thank you! I didn't realize the term "constructive discharge" applied to my situation, but that's exactly what happened. I'm relieved to hear that my situation would generally be considered good cause. I'll definitely prepare all those documents as you suggested. The hearing letter says it will be by phone. One follow-up question - my former employer might claim they offered me other shifts that I declined. They did offer me one Sunday overnight shift (which I couldn't take because I have no childcare then), but nothing else to make up for the lost hours. Should I address this proactively?

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BE CAREFUL!!! My employer did the same thing and I lost the appeal because they lied saying I could have had more hours if I'd been "flexible" when that was NEVER an option! These hearings are totally RIGGED against workers in Texas! They made me pay back over $2,400 and it was a NIGHTMARE!!! The TWC doesn't care about us - they just want to keep employers happy. I'm still mad about it 8 months later.

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Oh no, that's terrifying to hear. I'm so sorry that happened to you. Did you have documentation showing that the "flexible hours" weren't actually offered? I'm worried my employer might try a similar tactic.

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@OP regarding your question about the employer potentially claiming they offered other shifts - this is EXACTLY why preparation is key. You should: 1. Address this directly in the hearing if they bring it up 2. Explain any legitimate barriers (like childcare issues with the overnight shift) 3. Emphasize that one alternative shift didn't come close to replacing the 28 hours cut from your schedule 4. Ask them to produce evidence of any other shifts they claim to have offered The hearing officer will be looking at whether a reasonable person in your situation would have considered the reduction/alternatives to be suitable employment. A 70% reduction in hours with only one unsuitable alternative shift offered strengthens your case.

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Thank you for addressing this specific concern! I'll make sure to prepare talking points about why the single overnight shift wasn't a reasonable alternative to my lost hours. I appreciate the advice about asking them to provide evidence of other shift offers (which they won't have since it didn't happen).

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I've been through TWC appeals and the phone system is HORRIBLE. I spent 3 weeks trying to reach someone about my hearing details and kept getting busy signals or disconnected. Eventually I found this service called Claimyr that got me connected to a TWC agent in about 25 minutes instead of waiting days. They have a video showing how it works at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Their website is claimyr.com if you need to actually talk to someone at TWC before your hearing. I was skeptical but it saved me so much frustration when I needed clarification about my appeal documents.

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does this actually work? i've been calling TWC for 4 days straight trying to get info about my claim and can't get through

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@commentor yes it worked for me! I was connected in like 22 minutes when I'd been trying for days on my own. Just followed the steps on their site.

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my aunt had her benefits stopped during appeal but my cousin didnt so i think it depends on your claims examiner tbh

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This is incorrect. According to TWC rules, benefits continue during the employer appeal process if the claimant was initially found eligible. The only time benefits would stop during an appeal is if the claimant was initially found ineligible, appealed, and is waiting for their appeal decision. Please be careful about sharing potentially misleading information.

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Update: I called TWC this morning (took forever to get through) and finally spoke to someone who confirmed my benefits will continue during the appeal process. They also suggested I upload any additional documentation to my online portal before the hearing. Feeling a bit less stressed now, but still nervous about the hearing itself. Thank you all for the helpful advice!

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Great news! Make sure you're super prepared for that hearing. I'd recommend practicing your explanation of what happened a few times so you sound clear and confident. The hearing officers are usually fair if you have good documentation. Good luck and let us know how it goes!

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