TWC demanding $14K overpayment from 2021 COVID benefits - any way to fight this?
Just got a massive shock yesterday - TWC sent my husband several letters claiming he was overpaid around $14,000 in unemployment benefits from back in 2021! He worked at a hotel for 6 years before being laid off during COVID when the tourism industry collapsed. He qualified for both regular unemployment and the extra federal pandemic benefits at that time. All his paperwork was correct, he did his payment requests on time, and reported everything properly. Now, almost 4 years later, they're saying he has to pay everything back?! Has anyone dealt with this? The determination letters mention something about 'eligibility redetermination' but don't clearly explain what changed. We absolutely cannot afford to pay back $14K right now. Do we need to file an appeal? Is there a statute of limitations on this stuff? I'm freaking out!
37 comments


Ashley Adams
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.
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Zoe Gonzalez
•Thank you! I didn't realize we only have 14 days to appeal. The letter is dated last week so we better get on this immediately. Did you have to submit any specific documentation with your appeal? Did they tell you what the specific reason was for the overpayment?
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Alexis Robinson
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.
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Aaron Lee
•exactly right about the appeal deadline! my brother missed it by 2 days and they wouldn't even consider his case anymore. smh
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Chloe Mitchell
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
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Ashley Adams
•EXACTLY! The requirements kept changing during the pandemic, and now they're applying current standards to past claims. It's completely unfair. Did you ever get through to them? What happened with your case?
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Michael Adams
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.
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Zoe Gonzalez
•This is incredibly helpful, thank you! We'll definitely request the waiver of overpayment recovery in our appeal. Do you know if we need to submit the appeal online through the TWC portal or if we can mail it in? The determination letter mentions both options but I want to make sure it gets processed correctly.
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Natalie Wang
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...
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Zoe Gonzalez
•We've been trying to call for the past two days but keep getting busy signals or the automated message saying call volumes are too high. So frustrating! How did you manage to get through to someone?
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Natalie Wang
•I discovered this service called Claimyr that got me through to TWC in about 20 minutes after days of failed attempts. They basically keep dialing for you until they get through, then connect you. It saved me hours of redial frustration. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. It was worth it to actually talk to someone who could pull up my file and explain exactly what was happening.
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Ashley Adams
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.
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Chloe Mitchell
•omg yes they took my sisters entire refund last year! she didnt even know she had an overpayment till then
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Noah Torres
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.
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Zoe Gonzalez
•This gives me hope! I'll start gathering all those documents today. If you don't mind me asking, how long did it take between filing your appeal and getting the telephone hearing? I'm trying to understand the timeline we're looking at.
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Noah Torres
•It took about 7 weeks between filing my appeal and getting the hearing scheduled. Then the actual hearing was scheduled for 2 weeks after I received the notice. So about 9 weeks total from appeal to hearing. The examiner said they're backed up with all these COVID benefit appeals.
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Aaron Lee
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
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Michael Adams
•This is correct. Texas Workforce Commission can waive recovery of non-fraud overpayments under certain conditions. You need to specifically request the waiver using their officially designated form. However, you must first go through the appeal process regarding the overpayment determination itself. Only after that's resolved (if it's not in your favor) should you pursue the waiver option.
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Alexis Robinson
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.
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Zoe Gonzalez
•I'll have to look at the letter again, but I believe it mentions something about "eligibility criteria not met" rather than any specific error. Does that sound like they're classifying it as our error or theirs? The frustrating thing is that the letter is so vague about what specific eligibility criteria they're now saying wasn't met.
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Alexis Robinson
•Eligibility criteria not" met usually means'they re putting it on the claimant, unfortunately. However, in your appeal, you can argue that your husband met all eligibility criteria based on the rules in place at that time. The burden should be on TWC to specify exactly which criteria they believe'weren t met. Make sure your appeal specifically requests that detailed information. A lot of these COVID-era overpayment determinations are being overturned on appeal because TWC'can t substantiate their claims or because'they re applying current rules retroactively to pandemicclaims.
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Malik Johnson
I'm so sorry you're going through this - the stress must be overwhelming! I'm relatively new to this community but have been following these TWC overpayment discussions closely because I'm terrified this might happen to me too. I received COVID benefits in 2021 after being furloughed from my retail job. Reading through everyone's experiences here, it sounds like filing that appeal within 14 days is absolutely critical. Don't let them intimidate you - if your husband qualified for those benefits back then and followed all the rules that were in place at the time, you have every right to fight this. The fact that they're doing this audit almost 4 years later seems really unfair, especially when so many people were just trying to survive during the pandemic. Keep us posted on how your appeal goes - I think a lot of us here are in similar situations and can learn from each other's experiences.
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Lauren Wood
•Thank you so much for the encouragement! You're absolutely right about the stress - I've barely slept since we got that letter. It's really helpful to know there are others going through similar situations, even though I wouldn't wish this on anyone. The 14-day deadline is definitely scary, but reading everyone's advice here has given me hope that we can fight this. We're going to start gathering all our documentation from 2021 today and get that appeal filed ASAP. I'll definitely keep everyone updated on how it goes. Hopefully your situation stays clear and you don't have to deal with this nightmare! The whole thing just feels so wrong - people were struggling to survive during COVID and now they're being punished years later for benefits they were told they qualified for.
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Tate Jensen
I'm dealing with a very similar situation right now - got hit with a $9,200 overpayment notice from TWC for 2021 COVID benefits just last month. Like your husband, I was legitimately laid off when the restaurant I worked at closed during the pandemic, and I followed all the rules that were in place at that time. What's really frustrating is that TWC approved every single one of my benefit payments back then, and now they're saying I somehow wasn't eligible? I filed my appeal immediately after reading advice in this community, and I'm currently waiting for my hearing date. One thing that helped me was going through my old emails and finding the original eligibility determination letter from 2021 that clearly stated I qualified for both regular UI and the pandemic assistance. Make sure you save everything - payment confirmations, any correspondence with TWC, proof of your husband's employment and layoff. The whole situation is incredibly stressful, but don't give up. From what I've seen, many people are successfully fighting these overpayment demands, especially when they can prove they were eligible under the rules that existed during COVID. You've got this!
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Liam McGuire
•Thank you for sharing your experience! It's both comforting and infuriating to know so many of us are dealing with this exact same issue. The fact that you also have that original 2021 eligibility determination letter is huge - that's exactly the kind of documentation we need to find too. It's mind-boggling that they approved everything back then and now claim we weren't eligible. I'm going to dig through all our old emails tonight to see if we have similar documentation. How long ago did you file your appeal, and have you heard anything about when your hearing might be scheduled? The waiting must be torture. Really appreciate you taking the time to encourage us - this community has been a lifesaver during this nightmare!
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Giovanni Colombo
I'm so sorry you're dealing with this nightmare - the same thing happened to me back in February! TWC hit me with an $11,800 overpayment demand for my 2021 COVID benefits, claiming I didn't meet eligibility requirements. Just like your husband, I was legitimately laid off from my job at a retail store when they had to close during the pandemic, filed everything correctly, and TWC approved all my payments at the time. The whole thing is beyond frustrating and feels like they're punishing people who were just trying to survive during the worst economic crisis in decades. I immediately filed an appeal (thank goodness I found this community and learned about the 14-day deadline!) and had my hearing about 6 weeks later. During the hearing, I presented all my documentation - layoff notice, original eligibility determination from TWC, payment request confirmations, etc. The hearing officer seemed to understand that the rules were different during COVID and that I had acted in good faith. I'm still waiting for the final decision, but she indicated it looked favorable for me. Don't lose hope! Gather every piece of documentation you can find from 2021 and file that appeal immediately. You have the right to fight this, especially if your husband truly qualified under the pandemic rules that were in place at that time.
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Jasmine Hernandez
•Thank you so much for sharing your story - it gives me real hope that there's light at the end of this tunnel! The fact that your hearing officer seemed understanding about the different pandemic rules is encouraging. Six weeks from appeal to hearing isn't too bad either, considering how backed up the system must be. I'm definitely going to follow your lead and gather every single document we can find from 2021. It's just so maddening that we have to prove we were eligible for benefits that TWC already approved and paid out years ago! The stress of waiting for your final decision must be awful, but it sounds like you presented a strong case. Please keep us posted on the outcome when you hear back - stories like yours are what's keeping me sane right now. We're filing our appeal first thing Monday morning!
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Caden Nguyen
I'm so sorry you're going through this stress - it's absolutely infuriating that TWC is doing these "audits" years after approving benefits during a global pandemic! I'm new to this community but have been lurking and reading everyone's experiences because I'm terrified the same thing will happen to me. I received COVID unemployment in 2021 after my restaurant job was eliminated. From everything I've read here, the most important things seem to be: 1) File that appeal IMMEDIATELY within the 14 days, 2) Request a detailed explanation of exactly why they think he wasn't eligible, 3) Gather every piece of documentation from 2021 - employment records, layoff notice, original TWC eligibility letters, payment confirmations, etc. It sounds like many people are winning these appeals, especially when they can prove they followed all the rules that were actually in place during COVID (not the current rules they're trying to apply retroactively). Don't let them bully you into accepting this without a fight. Your husband was legitimately laid off during an unprecedented crisis and deserved those benefits. Keep us updated on how your appeal goes - this community has been so helpful for people navigating this nightmare!
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Freya Christensen
•Thank you for the encouragement and for laying out those key steps so clearly! It really helps to have a roadmap when you're feeling overwhelmed by all of this. You're absolutely right that we need to fight this - it's not right for them to approve benefits during a pandemic and then years later decide people weren't eligible using different standards. I've already started going through our old files looking for that 2021 documentation, and we're definitely filing the appeal on Monday. It's so reassuring to see how many people in this community have had success with their appeals when they could prove they followed the rules that were actually in place at the time. I really hope you don't have to go through this nightmare yourself, but if you do, at least you'll be prepared with all the knowledge everyone has shared here. This community has been such a lifeline during what feels like an impossible situation!
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Grace Thomas
I'm so sorry you're dealing with this - the exact same thing just happened to my neighbor! She got hit with a $12K overpayment notice for her 2021 COVID benefits even though she was legitimately furloughed from her job at a daycare center. The stress has been overwhelming for her family. After reading through all these responses, it's clear that filing an appeal within 14 days is absolutely critical - don't let that deadline pass! From what everyone is sharing, it seems like TWC is doing mass audits of pandemic-era claims and many people are successfully fighting these overpayment demands when they can prove they followed the rules that were actually in place during COVID. Start gathering every document you can find from 2021 - employment records, the original layoff notice, any correspondence with TWC, payment confirmations, etc. The fact that your husband worked at the same hotel for 6 years before being laid off during the tourism collapse should work in your favor. This whole situation is so unfair to people who were just trying to survive during an unprecedented crisis. You've got a lot of support here - keep us posted on how your appeal goes!
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Kelsey Hawkins
•Thank you so much for sharing your neighbor's situation - it really does help to know we're not alone in this, even though I hate that so many people are going through the same nightmare. The fact that she was legitimately furloughed from a daycare (an essential service!) and is still getting hit with these demands just shows how broken this whole audit process is. We're definitely not letting that 14-day deadline slip by - I've been gathering documents all weekend and we're filing first thing Monday morning. It's encouraging to hear that people are winning these appeals when they can prove they followed the COVID-era rules. Your neighbor's case sounds very similar to ours with legitimate employment history and a clear pandemic-related job loss. Please give her our support and let her know there's a whole community here fighting the same battle. If she needs any advice or just wants to vent, this group has been incredibly helpful. We'll definitely keep everyone posted on our progress - hopefully we can add another success story to help others facing this situation!
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Hazel Garcia
I'm so sorry you're dealing with this nightmare - the stress must be overwhelming! The exact same thing happened to my sister earlier this year. She got hit with a $10,500 overpayment demand for her 2021 COVID benefits even though she was legitimately laid off from her job at an event planning company when the industry completely collapsed. Just like everyone else here is saying, that 14-day appeal deadline is absolutely critical - don't let it pass! From reading all these experiences, it's clear that TWC is doing mass audits and applying current standards to pandemic-era claims, which is completely unfair. My sister gathered every piece of documentation she could find from 2021 - her original layoff letter, employment verification, all her payment request confirmations, and most importantly, her original eligibility determination letter from TWC that clearly stated she qualified for benefits. She filed her appeal and had her hearing about 8 weeks later. The hearing officer acknowledged that the rules were different during COVID and that she had acted in good faith. She won her appeal last month! Don't give up - if your husband was legitimately laid off and followed all the rules that were in place at the time, you have a strong case. This community has been such a lifeline for people going through this exact situation. Keep us posted on how your appeal goes!
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Roger Romero
•That's such incredible news about your sister winning her appeal! Stories like hers are exactly what I need to hear right now to keep my sanity. The fact that she was in event planning (another industry completely devastated by COVID) and still had to fight this is just maddening, but I'm so glad she prevailed. The detail about finding her original eligibility determination letter is huge - I'm going to tear apart our files tonight looking for ours. It's encouraging that the hearing officer acknowledged the different pandemic rules and recognized she acted in good faith. That gives me real hope that there are reasonable people in the system who understand what people went through during that time. Eight weeks to hearing isn't too bad either considering how backed up they must be. Thank you so much for sharing this success story - it really helps to know that people ARE winning these appeals when they have the documentation and can prove they followed the rules that were actually in place. We're filing our appeal first thing Monday and I'll definitely keep everyone posted on our progress!
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Julian Paolo
I'm so sorry you're going through this - what an absolutely stressful situation! Unfortunately, you're not alone in this nightmare. TWC has been sending out these overpayment notices to thousands of people who received COVID benefits in 2021, often with very little explanation. The most critical thing right now is to file your appeal within 14 days of the date on the determination letter - this deadline is non-negotiable and you lose your rights if you miss it. Start gathering every piece of documentation you have from 2021: your husband's layoff notice from the hotel, his employment history, any correspondence with TWC, payment request confirmations, and especially try to find the original eligibility determination letter TWC sent approving his benefits. In your appeal, specifically request a detailed explanation of exactly which eligibility criteria they now claim he didn't meet, and argue that he followed all the rules that were in place during the pandemic (not current rules applied retroactively). Also request a "waiver of overpayment recovery" based on equity and good conscience - TWC can waive repayment if it wasn't your fault and would cause extraordinary hardship. Many people in this community have successfully fought similar cases, especially when they can prove they acted in good faith under the pandemic rules. Don't let them intimidate you into accepting this without a fight - your husband deserved those benefits during an unprecedented crisis. Keep us posted on how it goes!
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Kai Rivera
•This is exactly the kind of comprehensive advice that everyone dealing with this situation needs to see! You've laid out the critical steps so clearly - the 14-day deadline, gathering all that 2021 documentation, requesting the detailed explanation of their reasoning, and asking for the waiver based on equity and good conscience. I'm new to dealing with unemployment issues but have been following this community closely, and it's clear that people who come prepared with documentation and understand their rights are having much better outcomes. The fact that your husband worked at the same hotel for 6 years before the COVID layoff should really strengthen your case - that shows legitimate employment history and a clear pandemic-related job loss. It's infuriating that people have to fight for benefits they already received and were told they qualified for, but stories from this community show it's definitely worth fighting. Don't let TWC's intimidation tactics work - you have rights and you deserve those benefits your husband received during such a difficult time!
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Emily Nguyen-Smith
I'm so sorry you're dealing with this nightmare - it's absolutely infuriating that TWC is targeting people who legitimately needed help during the worst economic crisis in decades! I've been following these overpayment cases closely in this community, and unfortunately your situation is becoming all too common. The silver lining is that many people ARE successfully fighting these demands, especially when they can prove they followed all the pandemic-era rules that were actually in place at the time. The 14-day appeal deadline everyone is mentioning is absolutely critical - make sure you don't miss it! While you're gathering documentation, also look for any emails or letters from TWC from 2021 that confirmed your husband's eligibility. The fact that he worked at the same hotel for 6 years before being laid off due to the tourism collapse should work strongly in your favor - that's exactly the kind of legitimate pandemic job loss these benefits were designed for. One thing I'd add to all the great advice here: when you file your appeal, consider also requesting all records TWC has regarding your husband's claim. Sometimes they're basing these overpayment decisions on incomplete or incorrect information in their system. The burden should be on them to prove he wasn't eligible, not on you to prove he was - especially since they already made that determination years ago when they approved and paid the benefits. Stay strong and don't let them bully you into accepting this without a fight. Your husband deserved those benefits during an unprecedented crisis, and this community is here to support you through the appeal process!
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Christopher Morgan
•This is such valuable advice, especially the part about requesting all records TWC has regarding the claim! I hadn't thought about the possibility that they might be working with incomplete or incorrect information in their system - that could definitely explain why they're suddenly claiming ineligibility after approving everything years ago. You're absolutely right that the burden should be on them to prove he wasn't eligible, especially since they already made the opposite determination when it mattered. The suggestion to request all their records is brilliant - if there are discrepancies or missing information, that could be key to winning the appeal. I'm definitely going to include that request when we file on Monday. Thank you for the encouragement and for emphasizing that we shouldn't let them bully us into accepting this. It really helps to have this community rallying behind people who are just trying to survive what TWC put us through. Your point about legitimate pandemic job losses is spot on - this is exactly what those benefits were designed for, and it's outrageous that they're now punishing people for using them appropriately!
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