TWC demanding $8,000 overpayment repayment after giving me wrong info - appeal failed & Open Records Request ignored
I'm completely devastated right now. TWC is demanding I repay over $8,000 in 'overpaid' benefits that I received because THEY gave me incorrect information! I followed everything they told me during my weekly calls, and now I'm being punished for their mistake. Here's what happened: When I lost my job at the warehouse last October, I filed for unemployment and had several phone conversations with TWC reps about my eligibility and reporting requirements. I documented every call - dates, times, names. They assured me I was filing correctly. Fast forward to April 2025, I get this determination letter saying I was overpaid $8,230 because I 'failed to report income correctly' - but I reported EXACTLY what they told me to! They're now demanding $397 monthly payments until it's paid off. I immediately filed an Open Records Request to get the call recordings and account notes to prove the TWC reps gave me wrong information. My appeal hearing date came and went, but the TWC never provided the requested records. I lost the appeal, then lost the appeal to the appeal, and now they're saying my only option is to sue them! I consulted an attorney who basically said it would cost more to fight this than to just pay it back. How is this fair?? I don't have $400/month to spare! Has anyone successfully fought an overpayment when TWC was clearly at fault? Or negotiated a more reasonable payment plan? I'm desperate for any advice on what to do next.
25 comments


Megan D'Acosta
I went through something similar last year, though my overpayment was smaller (about $3,400). Here's what I learned from my experience: 1. You can request a more affordable payment plan. TWC has some flexibility - I got mine reduced to $125/month after showing them my actual budget and expenses. Call the Collections department directly at 512-463-2624. 2. Even though it's frustrating, keep detailed documentation of EVERYTHING moving forward. Every call, email, letter - note the date, time, who you spoke with. 3. File a complaint with your state representative's office. This was what actually helped me. Their constituent services team contacted TWC on my behalf, and suddenly TWC was much more responsive. 4. Consider filing a formal complaint with the Texas Workforce Commission Civil Rights Division. Sometimes this internal pressure helps. The Open Records Request situation is particularly concerning. There are specific timeframes they're required to respond within. You might want to contact the Texas Attorney General's Office about that specific issue.
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Samantha Howard
•Thank you so much for these suggestions! I never thought about contacting my state representative - that's a great idea. Did you have to provide any specific documentation when you asked for a lower payment plan? I'm definitely going to call that Collections number tomorrow.
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Sarah Ali
omg this happend to me to!!! they said i reported wrong but i swear i did exactly what they told me over the phone. ended up having to pay back like $5k and it totally screwed me. the whole system is rigged against regular people. they make the rules so confussing on purpose then blame us when we follow their wrong advice. good luck but they always win :/
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Ryan Vasquez
•The same thing happend to my cousin and his wife. They had to setup a payment plan for almost $12,000! But they found out you can actually apply for a waiver if repaying would cause 'financial hardship'. Not everyone qualifies but its worth trying. You have to fill out this form showing all your income and expenses to prove you cant afford it.
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Avery Saint
I'm a former UI claims examiner, and unfortunately, I see this scenario play out too often. A few important points: 1. The burden of proof falls on the claimant in these cases, which is fundamentally unfair when the TWC fails to provide requested evidence. 2. You still have one more option before a lawsuit: you can request a hardship waiver. TWC can waive repayment if you can demonstrate that it wasn't your fault AND repayment would cause severe financial hardship. The form is available on the TWC website under "Overpayment Information." 3. For the Open Records Request failure - file a complaint with the Texas Attorney General's Office Public Information Coordinator. By law, they must respond to your request within 10 business days. 4. If you decide to pay, definitely negotiate the monthly amount. Collections has significant discretion to reduce payments based on your financial situation. One thing to note: the statute of limitations on these collections is 10 years, but if you make any payment, even a small one, that 10-year clock restarts.
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Samantha Howard
•This is incredibly helpful information, thank you! I didn't know about the hardship waiver option. Do you know what kind of documentation I would need to prove it wasn't my fault when they're the ones withholding the call recordings? And that's concerning about the 10-year clock restarting with any payment...
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Taylor Chen
Just wanted to say I'm so sorry you're going through this. The TWC can be absolutely INFURIATING to deal with. The same people telling you how to file your claims are the ones who later decide you did it wrong! Make it make sense! Did you try contacting your state representative yet? That actually worked for my brother when he had issues with his claim (different problem, but still TWC being difficult).
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Samantha Howard
•Thanks for the sympathy - it really does help just to know I'm not alone in this frustration! I haven't contacted my state rep yet but I'm definitely going to now that multiple people have suggested it. I'll probably do that tomorrow along with calling the Collections department.
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Keith Davidson
Have you tried using Claimyr to get through to an actual TWC agent? I was dealing with a complex appeal situation and kept getting disconnected or waiting hours. Someone here recommended Claimyr (claimyr.com) and it actually worked - got me connected to a TWC agent in about 15 minutes instead of spending all day calling. You might be able to speak to someone in the appeals or collections department who can actually help. There's a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh In my experience, getting to an actual person who can see your full claim history makes a huge difference versus trying to handle everything through the portal.
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Ezra Bates
•I second this! Used Claimyr when my account was locked after an overpayment notice. Finally got someone who actually explained what happened and helped me setup a way more reasonable payment plan than what the automated system was demanding.
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Ryan Vasquez
You should deffintely pursue that hardship waiver the former claims examiner mentioned. My sister-in-law got her overpayment completely waived because she could prove she had followed the TWC rep's instructions exactly. The key was she had taken detailed notes during every call - dates, confirmation numbers, and rep names. Do you have anything like that? Even if you dont have the recordings, your own detailed notes might help.
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Samantha Howard
•Yes! I actually do have detailed notes from every call - dates, times, confirmation numbers, and the names of who I spoke with. I didn't think they'd be enough without the actual recordings, but maybe they will help with the hardship waiver. Thank you for giving me some hope!
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Ana Erdoğan
theyve been doing this to TONS of people lately!!! its a total scam to balance their budget on the backs of working people. i know 3 different people dealing with overpayment notices right now. they tell you one thing then blame you later. the whole system is broken
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Sarah Ali
•for real!!! my friend just got hit with a $6k overpayment too and she did everything right. they're just trying to get money back any way they can
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Megan D'Acosta
I want to add something important about those payment plans - if your financial situation changes (job loss, medical expenses, etc.), you can request a modification to your payment plan. Don't just stop paying if you can't afford it, as that can lead to more penalties. Also, regarding the Open Records Request - there's a specific form for appealing a denied or ignored request. It's called a Petition for Review of Denial of Access to Public Information, which you file with the Attorney General's office. The fact that they held your appeal hearing without providing the requested information is problematic and could potentially be grounds for reopening your appeal. Lastly, even though your attorney said litigation would be expensive, you might want to check with Texas RioGrande Legal Aid or Legal Aid of NorthWest Texas - they sometimes take cases like this pro bono if there's a clear procedural error by a government agency.
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Avery Saint
•This is excellent advice. The legal aid organizations in Texas have specialized unemployment attorneys who understand these exact situations. And they're completely free if you qualify based on income. I'd add that requesting a financial hardship waiver does NOT prevent you from simultaneously pursuing other options like legal aid or complaints through your state representative. You should pursue multiple paths at once since these processes can take time.
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Samantha Howard
Thank you all SO MUCH for these responses! I feel like I have actual options now instead of just panicking. Here's my plan based on your advice: 1. Call the Collections department tomorrow to discuss a lower monthly payment 2. Apply for the hardship waiver using my detailed call notes as evidence 3. Contact my state representative's office 4. File a complaint about the ignored Open Records Request with the AG's office 5. Reach out to the legal aid organizations for possible free help I really appreciate everyone taking the time to share your experiences and knowledge. This community has been more helpful than the actual TWC! I'll update once I've made some progress.
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Megan D'Acosta
•That's a solid plan! One quick tip: when you call Collections, have your budget already worked out showing your monthly income and all necessary expenses. Be prepared to explain exactly what you CAN afford monthly. And good luck - please do let us know how it goes!
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Leila Haddad
I'm so sorry you're dealing with this nightmare! The TWC system is absolutely broken when they can give you wrong information and then turn around and punish YOU for following it. One thing I wanted to add to all the great advice here - if you do end up having to pay, ask about whether they'll accept a lump sum settlement for less than the full amount. Sometimes if you can scrape together like 60-70% of what they're demanding, they'll call it even rather than deal with years of monthly payments. My neighbor did this with a $4,000 overpayment and settled for $2,800. Also, document EVERYTHING from here forward - every call, every letter, every interaction. The fact that they ignored your Open Records Request is a big red flag and could actually work in your favor if you end up needing to escalate this further. You've got a solid plan and this community has your back. Don't let them intimidate you into just accepting whatever they demand - you have rights and options!
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Oliver Becker
•That's a really good point about the lump sum settlement option! I hadn't even considered that possibility. Do you know if there's a specific department to call about settlement negotiations, or would that still be through Collections? And you're absolutely right about documenting everything going forward. I've learned that lesson the hard way - if I had been even more detailed with my original documentation, I might not be in this mess. Thanks for the encouragement, it really helps to know people understand how frustrating this whole situation is!
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Mateo Hernandez
This is absolutely infuriating and unfortunately way too common! I went through something similar in 2023 with a $4,200 overpayment that resulted from TWC's own mistake. Here's what ultimately worked for me: The hardship waiver is definitely your best bet - especially since you have those detailed call notes! I was able to get my entire overpayment waived by proving TWC gave me incorrect guidance. The key was being very specific in my waiver application about exactly what each rep told me and when. A few additional tips: - When you call Collections, ask to speak with a supervisor immediately. The front-line staff often can't make real decisions about payment reductions. - For your state rep complaint, include copies of your Open Records Request and TWC's failure to respond. That's a violation of state law and they take it seriously. - Keep pushing on that Open Records Request through the AG's office. Those call recordings are crucial evidence that you followed their instructions. The whole system is designed to make you give up and just pay, but don't let them wear you down. You have a strong case here, especially with your documentation. Stick to your plan and keep us updated - we're all rooting for you!
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Carmen Ruiz
•This gives me so much hope to hear you actually got your entire overpayment waived! I was starting to think it was impossible. When you filled out the hardship waiver application, did you need to provide any additional documentation beyond your call notes, or were those detailed records enough? Also, how long did the whole waiver process take from start to finish? I'm trying to set realistic expectations for myself while I work through all these steps. Thank you for sharing your success story - it's exactly what I needed to hear right now!
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Ethan Wilson
•@Mateo Hernandez This is incredibly encouraging to hear! I m'definitely going to push hard on the hardship waiver now knowing that it s'actually possible to get the whole thing dismissed. When you say ask for a supervisor with Collections - did you find they were more willing to negotiate, or was it mainly about getting someone who actually had the authority to make decisions? I ve'dealt with so many TWC representatives who just seem to read from a script and can t'do anything beyond the basic options. Your point about the system being designed to make you give up really resonates. I was honestly starting to feel like maybe I should just accept the payment plan and move on, but hearing success stories like yours reminds me that I shouldn t'let them steamroll me when I know I followed their instructions exactly. Thank you for taking the time to share your experience!
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Aisha Abdullah
I'm so sorry you're going through this - it's absolutely maddening when a government agency makes YOU pay for THEIR mistakes! I work in administrative law (different agency) and see this kind of thing way too often. A couple additional thoughts to add to all the excellent advice you've gotten: 1. When you file that AG complaint about the ignored Open Records Request, emphasize that TWC held your appeal hearing WITHOUT providing the requested records that were directly relevant to your case. This could potentially be grounds for procedural due process violations. 2. Consider requesting an "inability to pay" determination in addition to the hardship waiver. It's a slightly different process but can sometimes work when the hardship waiver doesn't. 3. If you have any email confirmations or reference numbers from your original unemployment applications or weekly certifications, include those with everything you submit. They help establish a paper trail. 4. Document your current financial situation thoroughly - bank statements, pay stubs, rent/mortgage, utilities, medical bills, etc. The more complete picture you can paint of genuine financial hardship, the better. The fact that you kept such detailed records of your calls is going to be your saving grace here. Don't let them intimidate you - you have more ammunition than you think!
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Ayla Kumar
•Thank you for this incredibly detailed legal perspective! The point about procedural due process violations is something I hadn't considered - it does seem fundamentally unfair that they can hold a hearing about whether I followed their instructions while simultaneously refusing to provide evidence of what those instructions actually were. I'm definitely going to pursue both the hardship waiver and the "inability to pay" determination - are these typically filed through the same department or do I need to contact different offices for each? And you're absolutely right about documenting my financial situation thoroughly. I've been so focused on proving I followed their guidance that I hadn't put together a complete financial picture yet. The validation about my detailed call records means so much coming from someone who works in administrative law. I was starting to second-guess whether my notes would carry any weight without the actual recordings, but it sounds like they're more valuable than I realized. Thank you for taking the time to provide such comprehensive advice!
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