TWC marked me ineligible due to employer mistake about doctor restrictions - need to bypass appeal wait
I'm in a frustrating situation with TWC. I was hired for a seasonal position but couldn't start on my scheduled first day because I was in a car accident. This was literally the ONLY day they allowed new hires to begin. I immediately explained the situation to the employer, but somehow they got confused and reported to TWC that I had started working (which I never did) and that I had medical restrictions preventing me from working (which is completely false). Now TWC has marked my claim as ineligible and is demanding overpayment! I've submitted all the documentation proving I had no medical restrictions and was fully able to work - just couldn't start on that specific day because of the accident. But they're making me go through a formal appeal process that could take months. My bills are piling up and I can't wait that long. Has anyone found a way to speed up this process or get TWC to review my case faster? Is there a specific department I should contact? Any advice would be really appreciated!
24 comments
Darren Brooks
Call TWC directly and ask to speak with the determinations department. Explain that there was a misunderstanding with your employer and that you have documentation proving you had no medical restrictions. Sometimes they can expedite these things if you get the right person on the phone. Be persistent and call early in the morning when they first open.
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Cynthia Love
•Thanks for the suggestion. I've been trying to call for days but keep getting disconnected or stuck on hold forever. Do you know if there's a direct number for the determinations department?
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Rosie Harper
did u try talkin to ur employer again?? mayb they can fix the mistake since they reported wrong info
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Cynthia Love
•Yes, I've reached out twice. The HR person said they'd 'look into it' but I haven't heard anything back. I think they're just a seasonal hiring team that doesn't really care since they've already moved on to the next batch of hires.
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Elliott luviBorBatman
You're in a tricky situation. TWC appeals are currently taking 10-12 weeks minimum because of backlog. In your case, I'd recommend two things: 1. Keep trying to get your employer to correct their report - this is the fastest solution if they cooperate 2. File for an expedited appeal citing financial hardship - you'll need to fill out Form E-230 and include documentation of your financial situation showing imminent harm (eviction notice, utility shutoff, etc.) Also, make sure you're continuing to request payment every two weeks even while your appeal is pending. If you win the appeal, you'll only get paid for weeks you properly requested payment.
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Cynthia Love
•Thank you! I didn't know about Form E-230 or that I needed to keep requesting payments. I assumed I couldn't since they declared me ineligible. This is really helpful information.
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Demi Hall
This happened to me but with a different issue. Appeals are SO SLOW omg. I waited 14 weeks just to get a hearing date!!! Keep calling TWC every day if you can. Sometimes you get lucky and find someone who will actually help instead of just telling you to wait.
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Mateusius Townsend
•I've heard this from many people lately. The TWC appeals backlog is worse than ever in 2025. If you need to actually reach a TWC agent without the endless busy signals, try using Claimyr (claimyr.com). I was skeptical but it actually worked for me - got through to a real person in about 20 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. It's especially helpful for time-sensitive issues like overpayment mistakes.
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Kara Yoshida
You need to understand the difference between an "employer protest" and an "appeal." It sounds like your employer essentially protested your claim by reporting incorrect information. This isn't technically an appeal yet. When TWC made the determination against you, THAT'S when your appeal clock started. Check your determination letter - it should say exactly how many days you have to appeal (usually 14 calendar days from the date on the letter). Make sure you haven't missed that deadline or you'll have a much bigger problem. Also, the fact that they're calling it an overpayment suggests you received benefits you might need to pay back, which is a separate issue from the eligibility determination. You need to address both problems.
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Cynthia Love
•You're right - I did receive benefits for a few weeks before they made this determination. The letter says I have 14 days to appeal, and I filed that immediately online. I'm just worried about how long the appeal will take and if there's any way to escalate the situation since I have clear documentation that they got the facts wrong.
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Kara Yoshida
•Good that you filed the appeal on time. While waiting, submit a request for an Overpayment Waiver (Form EO-20) if you haven't already. This is separate from your appeal and asks TWC not to collect the overpayment while your appeal is pending. Even if your appeal is successful, sometimes the overpayment takes time to be removed from the system. The waiver can prevent collections actions during this process.
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Philip Cowan
The EXACT same thing happened to my cousin. Employer reported she quit when she was actually laid off. What worked for her was requesting an "expedited conference call" between TWC, herself, and the employer. Sometimes when all three parties get on the phone together, the issue gets resolved quickly because the employer doesn't want to look bad or get caught in a lie. Ask specifically for this option when you call TWC.
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Cynthia Love
•That's a great idea! I didn't know they could set up conference calls like that. I'll definitely ask about this option - might be faster than waiting for the formal appeal hearing.
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Caesar Grant
just curious did u get the accident on the way to work or before? cause if it was on the way to work might be covered differently idk just wondering
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Cynthia Love
•It was the night before my first day. I was picking up work clothes from the store when someone ran a red light and hit my car. I was checked out at the hospital but didn't have any restrictions - just couldn't make it to the orientation the next morning because my car was totaled and I was dealing with police reports, etc.
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Caesar Grant
•oh ok thats different then. good luck with everything!
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Darren Brooks
Another option you have is to contact your state representative's office. They often have liaisons who work directly with TWC and can sometimes get issues resolved more quickly. I've seen this work for several people who were stuck in appeal limbo. Just search for your Texas state rep based on your address and call their office explaining the situation.
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Cynthia Love
•I never thought of contacting my state rep! That's a creative solution - I'll definitely try this. At this point I'm willing to try everything to get this fixed. Thanks for the suggestion!
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Kara Yoshida
After reading through your situation more carefully, I think there's another issue you should be aware of. Since you never actually started the job, this may be a case where you shouldn't even be in the TWC system as having worked for this employer at all. This sounds like it might be an employer error in their quarterly wage reporting where they mistakenly included you. When you appeal, make sure to emphasize that you never actually performed any work for this employer, never clocked in, never received any wages, etc. This distinction is important because it affects how TWC views your case. You might need to request a "wage investigation" in addition to your appeal.
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Cynthia Love
•That makes a lot of sense. I definitely never worked a single minute or received any wages from them. I'll make sure to emphasize this in my appeal and ask about a wage investigation too. Thank you for the detailed explanation - this helps me understand what might have happened on the backend.
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Demi Hall
This system is RIGGED against us regular people!!! I swear TWC just automatically sides with employers no matter what evidence you have. I fought an appeal for 5 months only to win and then they STILL took 3 more weeks to resume my payments. The whole thing is designed to make you give up.
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Rosie Harper
•facts!!! they hope ppl just give up and dont fight it. same with all government stuff tbh
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Mateusius Townsend
I was in a somewhat similar situation with incorrect reporting from an employer. I tried for weeks to get through on the TWC phone lines with no success. I finally used Claimyr (claimyr.com) and got connected to a TWC representative in about 15 minutes. The agent was able to review my documentation immediately and flag my case for expedited review since it was clearly an employer reporting error. Saved me potentially months of waiting for the formal appeal. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh
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Cynthia Love
•Thank you for this recommendation! I'll check out Claimyr right now. At this point, anything that can help me get in touch with an actual person at TWC would be worth it. The constant busy signals and disconnections are making this situation even more stressful.
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