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TWC demanding overpayment from 3 years ago after recent benefits - should they have auto-deducted?

I just got the weirdest letter from TWC claiming I owe $4,850 in overpayments from 2022!! I'm FREAKING OUT because I had no idea this was even a thing until now. What's making me really confused is that I received unemployment benefits for 3 months last year, and if I really owed this money, why didn't they just take it out of those payments?? The determination letter says something about "failure to report earnings" but I SWEAR I reported everything correctly. Has anyone dealt with this before? Do I need to file an appeal? The letter says I only have 14 days to respond but I'm completely blindsided by this. It feels like they're just trying to squeeze money out of people who can't afford it.

Unfortunately this is pretty common. TWC can go back up to 5 years for overpayment collection. If you received benefits last year, it's strange they didn't offset your payments automatically - that's their usual procedure. You definitely need to appeal within that 14-day window or you'll lose your right to contest it. Request all documentation they have on the alleged unreported earnings. I'd also call to verify if there's a system error since they should have taken it from your recent benefits.

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Eli Wang

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Thank you! I'll definitely appeal then. Do you know if I need any specific documentation for the appeal? I think I still have all my payment stubs from 2022 but some might be missing.

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SAME THING just happened to my brother last week!! They said he owed $3700 from 2021 and he had benefits in 2024 for like 2 months. makes NO sense why they didnt take it then. the system is totally messed up

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I went through this exact situation and was able to get it resolved. First, you definitely need to file that appeal before the deadline - even if you don't have all your documentation ready. On the appeal form, specifically note that you received benefits recently and question why the alleged overpayment wasn't recovered through offset at that time. Second, gather any documentation from the period in question - pay stubs, tax forms (W-2, 1099), and bank statements showing deposits. Third, check your TWC correspondence history online for any notices you might have missed back in 2022. In my experience, TWC sometimes has issues with their automated systems that track offsets. I had a similar situation where they should have deducted from later benefits but didn't, and when I pointed this out during my appeal hearing, the hearing officer agreed it was their error and reduced my overpayment amount significantly.

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Eli Wang

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This is super helpful, thank you! I'm going to start gathering everything tonight. Did you use a specific form for the appeal? The letter has some appeal instructions but they're kind of confusing.

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Use the appeal form that came with your determination letter. If you don't have it, you can find it online on the TWC website under "How to Appeal a TWC Decision." Make sure you include your name, social security number, and the determination ID number (should be on your overpayment notice). Be very specific about why you're appealing - mention both that you believe the original determination was incorrect AND that you question why the alleged overpayment wasn't offset against your recent benefits. Keep a copy of everything you send and send it certified mail if possible.

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Ethan Scott

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just wanted to say good luck with this. twc is the WORST with overpayments. my cousin spent like 8 months fighting one and eventually gave up and just paid it. hope u have better luck!!

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Lola Perez

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I had almost the exact same situation last year, and it turned out to be a data entry error on TWC's part. They had somehow duplicated one of my employer records and it looked like I hadn't reported income from one of them. Definitely appeal and ask for a detailed breakdown of exactly what earnings they think you didn't report. Also - try to get through to a TWC representative ASAP to get more details. The more specific info you have before your appeal, the better. I spent weeks trying to get through on the phone with no luck, but then I found a service called Claimyr (claimyr.com) that got me connected to an actual TWC agent in about 20 minutes. You can see how it works in their video demo: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh The agent I spoke with was able to see notes on my account that weren't visible to me online, and that information was crucial for my appeal. Good luck!

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Eli Wang

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Omg thank you for the tip! I've been calling for 2 days straight with no luck. I'll check out that service because I really need to talk to someone before I file the appeal.

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Ethan Scott

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is that service legit? seems kinda sketchy to pay someone just to call twc for you

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THis is EXACTLY why I tell EVERYONE to keep ALL their unemployment paperwork for AT LEAST five years!!!! TWC is totally incompetent and will come after you years later. Their system is broken and they make YOU pay for THEIR mistakes!!! I had to hire a lawyer to fight my $6200 overpayment and even WITH proof they still made me pay $1800. THE SYSTEM IS RIGGED AGAINST US!!!

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Eli Wang

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A lawyer?? Ugh, I really hope I don't have to go that far. Did you try appealing first before getting the lawyer?

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Yes I appealed TWICE and they still ruled against me even with PROOF!!! That's when I had to get a lawyer. Cost me $800 but saved me $4400 so I guess it was worth it. The whole system is designed to wear you down until you just give up and pay!!!

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Riya Sharma

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Just double-check that the letter is actually from TWC. There are scams going around where people get fake overpayment notices. Real TWC notices will have your claim ID number and other identifying information. If you're not sure, don't call any number on the letter - look up the official TWC number separately and call that. My coworker got a fake notice last month that looked very official. Just being cautious!

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Eli Wang

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Thanks for the heads up. I checked and it does seem legitimate - it has my claim ID and matches other TWC communications I've received. But good to be cautious!

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I want to add something important: while you're appealing, TWC will likely still try to collect. You have the right to request a repayment plan if the overpayment is ultimately upheld. Don't let them pressure you into paying a lump sum you can't afford. By law, they must offer reasonable payment plans based on your financial situation. Also, check if you qualify for a waiver of the overpayment. If the overpayment wasn't your fault (like if TWC made an error) and repayment would cause financial hardship, you can request a waiver. There's a specific form for this on the TWC website under "Unemployment Benefits Overpayment Waiver."

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Eli Wang

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This is really good to know. I definitely can't afford to pay the whole amount right now. I'll look into the waiver option too - since I'm pretty sure I reported everything correctly, this feels like it might be their error.

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i got through to twc last month after like 50 tries. best time to call is right when they open at 8am. keep redialing even if it says busy. sometimes i got through randomly at like 3pm when everyone else gave up lol

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Santiago Diaz

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This happened to me but with a much smaller amount ($780). I appealed and brought all my documentation to the hearing. The TWC representative actually admitted their system had a glitch that affected how offset payments were processed for claims from 2021-2022. They ended up canceling my overpayment entirely. So definitely appeal and specifically ask if there were known system issues during that time period.

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Eli Wang

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That's really interesting about the system glitch! I'll definitely mention that in my appeal. Was your hearing in person or over the phone?

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Santiago Diaz

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Mine was over the phone. They scheduled it about 3 weeks after I filed the appeal. Make sure you're ready at least 15 minutes before the scheduled time and have all your documents organized and in front of you. They'll ask you to explain your side first, then they'll present their evidence, then you can respond. Stay calm and stick to the facts - the hearing officers are actually pretty fair in my experience.

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