TWC demanding $14K overpayment from 2021 COVID benefits - any way to fight this?

The SAME EXACT THING happened to my wife last month!!! She got a letter saying she owes back $8,700 from 2021. This is INSANE. The TWC approved all her benefits during COVID then years later decides they made a mistake?!! We filed an appeal immediately - you only have 14 days from the date on the letter to appeal or you lose your right to fight it. Don't wait! The system is completely broken. These bureaucrats have no idea how much stress they're causing hardworking Texans.

First, don't panic. This is happening to a lot of people who received COVID-related unemployment benefits. TWC is doing audits of pandemic payments and finding what they consider "issues" in many cases. The most important thing is to file an appeal before the deadline (14 days from the determination letter date). In your appeal, explain why you believe your husband was eligible for the benefits he received. Include any documentation you have - employment verification, layoff notice, payment request records, etc. While waiting for the appeal, you can also request a payment plan or hardship waiver if the appeal isn't successful. Document everything and keep copies of all communications with TWC.

we had this problem too back in January, turns out twc said my husband didnt provide enough work search contacts during covid even tho the requirements were different then??? we called like 50 times and could never get thru, so frustrating

I'm an employment attorney who has been handling a lot of these cases recently. There are several common reasons TWC is sending these overpayment notices for COVID-era claims: 1. Documentation issues - some claimants didn't provide sufficient proof of employment/self-employment for PUA benefits 2. Work search requirement discrepancies - even though requirements were relaxed during COVID, they varied over time 3. Income reporting errors - especially for people who had partial employment 4. System glitches - TWC's systems were overwhelmed during COVID You absolutely need to appeal within the 14-day window. In the appeal, specifically request a "waiver of overpayment recovery" based on equity and good conscience. TWC can waive repayment if you can demonstrate that: - The overpayment wasn't your fault - Repayment would cause extraordinary hardship - You received the payments in good faith Also, request a detailed explanation of exactly what caused the overpayment determination. Don't agree to any repayment plan until you've exhausted the appeal process.

Have you tried calling TWC to ask for specifics about why they're saying he was overpaid? I was in a similar situation (although only for about $3200) and it turned out they had incorrect information about my last day of work. When I finally got through to someone, they actually fixed it right away. The problem is actually reaching a human being there...

Warning: even if you appeal, TWC might still try to take your tax refund! They intercept state refunds for overpayments. We found this out the hard way last year with a smaller overpayment issue.

I'm dealing with a similar situation right now. My overpayment notice came in April for $11,500 from 2021 benefits. I filed an appeal and just had my telephone hearing last week. The key things that helped my case: 1. I printed out all my payment request confirmations showing I reported everything correctly 2. I found emails from TWC from 2021 confirming my eligibility for both regular UI and the pandemic benefits 3. I wrote a detailed timeline of my employment situation during COVID 4. I documented all the changing requirements TWC published during the pandemic During my hearing, the examiner seemed sympathetic and acknowledged the confusion during that period. I'm still waiting for the decision, but she indicated that even if they don't reverse the overpayment completely, they'll likely approve a hardship waiver since it wasn't due to fraud or misrepresentation on my part. Definitely appeal, and request a detailed explanation for why they're claiming an overpayment now, after all this time. The burden should be on them to prove you weren't eligible, not on you to prove you were.

ur husband might qualify for financial hardship waiver! my cousin got a 6k overpayment waived bc he proved repayment would cause severe financial hardship. look it up on twc website

One thing to check - is the determination letter saying it was an agency error or a claimant error? This makes a big difference. If TWC acknowledges it was their mistake (agency error), they cannot charge interest on the overpayment and you have more options for waivers. If they're claiming your husband provided incorrect information (claimant error), you'll need to fight that assertion in your appeal if it's not true. The letter should specify which type of overpayment they're claiming.