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Yara Elias

TWC second-level appeal process - how long is it taking in 2025?

I just got my first appeal decision in the mail from TWC and they ruled against me. I was disqualified for benefits because they said I didn't have enough qualifying wages, but I KNOW I did - my previous employer just didn't report everything correctly. Now I'm looking at filing the second-level appeal to the Commission Appeals. Has anyone gone through this process recently? How does it work compared to the first appeal? My first appeal took over 45 days which was stressful enough, and I'm worried this next one will take even longer. Do you have to submit new evidence or can you use what you already sent in? Will I get another phone hearing? Any guidance would be super appreciated!

I went through this exact thing in January! The Commission Appeals is definitely different from the first appeal. I had to submit a written statement explaining WHY I thought the hearing officer's decision was wrong - you can't just say "I disagree" - you need to point out specific errors. You can submit new evidence but you'll need to explain why you couldn't provide it during the first appeal. In my case, I gathered additional pay stubs my employer hadn't reported to TWC. Mine took about 72 days from submission to decision. No phone hearing this time - strictly document review. They actually ruled in my favor and reversed the first decision! Make sure you submit your appeal within 14 calendar days of receiving the first appeal decision.

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Thank you so much! The 14-day deadline is really good to know. Did you mail in your appeal or submit it online? And did you get any confirmation they received it? I'm nervous I'll miss something and get denied on a technicality.

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i lost my 1st appeal too last yr and the 2nd one took FOREVER. like 3 months. didnt get a hearing just had to write everything down. they denied me again tho so waste of time for me lol but maybe ull have better luck

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That's discouraging :( Did you have any legal help with your appeal? I'm wondering if I should try to get some.

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Commission Appeals is the second level in the TWC appeal process. Here's how it works: 1. You must appeal within 14 calendar days of when you received the Appeal Tribunal decision 2. Unlike the first appeal, there is typically NO hearing - it's primarily a review of the existing record 3. You should specifically address what you believe was legally incorrect about the first decision 4. Three TWC Commissioners review these appeals (not just one hearing officer) 5. Current processing time is approximately 60-85 days If your issue is qualifying wages, make sure you have documentation showing exactly what wages you earned during the base period quarters. The base period is the first four of the last five completed calendar quarters before you filed your initial claim. This is crucial for wage disputes. If you're unsuccessful at the Commission level, the next step would be appealing to Civil Court, which is a much more complex process with strict deadlines.

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This is extremely helpful information. I didn't realize three commissioners would be reviewing it! Do you know if there's any way to check the status of the appeal once it's submitted? The waiting is going to drive me crazy.

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TEXAS TWC IS THE ABSOLUTE WORST!!! I went through BOTH appeals and they still denied me even though I had PROOF my employer lied about my termination reason! Three months of my life WASTED waiting for these appeals while I couldn't pay my bills!!! The whole system is rigged against workers!!!!

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Same happened to my brother-in-law. He had proof and everything but they always side with employers. Sorry you went through that.

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After helping multiple people with their TWC appeals, I've noticed clear patterns in what works for second-level appeals. First, you absolutely must be specific about errors in the hearing officer's decision - point to specific testimony or evidence that was misinterpreted. Second, if this is a wage dispute, request your wage record from TWC (they should have sent this with your disqualification) and compare it with your actual pay stubs. Most importantly - the Commission Appeals process is extremely backed up right now. I'm seeing 75-90 day wait times for most people. While you wait, you still need to request payment every two weeks and complete your work search activities, even though you probably won't receive benefits until a favorable decision (if you win). If you need to speak with someone at TWC about your appeal status, I recommend using Claimyr (claimyr.com). They have a service that helps you get through to TWC representatives without waiting on hold for hours. There's a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh. Especially useful when checking if they've received your appeal documents.

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Has anybody actually used this Claimyr thing? Seems too good to be true that you can actually get through to TWC. I've been trying for 2 weeks straight now.

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I actually used it when I was trying to check on my appeal status. It worked surprisingly well - got a callback within about 40 minutes. Definitely better than the 200+ calls I was making before that went nowhere.

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i had to do the second appeal because they said i quit without good cause but i actually got laid off. the whole process took like 2.5 months for me. i didnt need to submit anything new but i wrote a letter explaining why the first decision was wrong. they reversed it and i got all my backpay at once which was nice. good luck!

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That's encouraging that they reversed your decision! Gives me some hope. Did you continue requesting payment while you were waiting for the appeal decision?

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yes definitely keep requesting payment every 2 weeks! if you win they'll pay you for all those weeks at once. i almost stopped doing it cause i was discouraged but so glad i didn't

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My sister's friend works at TWC and says that Commission Appeals are taking around 10-12 weeks right now. They're super backed up from all the layoffs in the tech industry hitting Texas.

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make sure u read ur determination letter really carefully because theres these things called "findings of fact" that the hearing officer wrote and u need to say exactly which ones are wrong. i messed this up and thats probably why i lost.

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Thanks for the tip. I'll go through the determination letter carefully and specifically address the findings of fact that aren't accurate.

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One important thing to note: during the waiting period for your Commission Appeal, if you find new employment, you still need to report this to TWC. Sometimes people forget this step because they're so focused on the appeal, but failing to report new employment could create overpayment issues if you ultimately win your appeal. Also, you asked about checking status - unfortunately, the TWC online portal doesn't show detailed status updates for Commission Appeals. The only way to check status is by calling the Appeal Department directly at 512-463-2800.

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Thank you for that information. I've been trying that number but can't get through - just busy signals and disconnections. I'll keep trying though.

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I'm going through a similar situation right now - just filed my Commission Appeal last week after losing my first appeal over a wage dispute. Reading through everyone's experiences here is both helpful and nerve-wracking! From what I've gathered, the key things seem to be: 1) Be very specific about which "findings of fact" in the hearing officer's decision were wrong, 2) Keep requesting payment every two weeks even though you won't get it until/unless you win, and 3) Prepare for a long wait (sounds like 10-12 weeks is the current timeline). For anyone else in this boat - I found it helpful to create a timeline of all my employment and wages during the base period quarters, with supporting documentation for each. That way I could clearly show where TWC's wage records were incomplete compared to what I actually earned. The waiting is definitely the hardest part. Fingers crossed for all of us going through this process!

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I'm currently dealing with a wage dispute appeal too and this thread has been incredibly helpful! One thing I wanted to add that I learned from my experience - if your employer didn't report all your wages correctly to TWC, you might also want to contact your state's Department of Labor Standards to file a complaint about the wage reporting issue. Sometimes employers who don't report wages properly to TWC are also violating other labor laws. Also, I noticed several people mentioned the 14-day deadline for filing the Commission Appeal - just want to emphasize that this is 14 CALENDAR days (not business days) from when you received the first appeal decision. If you're close to that deadline, I'd recommend hand-delivering your appeal to a TWC office or sending it certified mail to have proof of when it was submitted. The process is definitely frustrating but don't give up! I've seen people win on second appeals even after losing the first one, especially with wage disputes where there's clear documentation that wages weren't reported correctly.

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This is really solid advice! I hadn't thought about contacting the Department of Labor Standards about the wage reporting issue - that's a great point. My employer has been pretty sketchy about a lot of things so there might be other violations too. Quick question - do you know if filing a complaint with Labor Standards could help strengthen my TWC appeal case, or are they completely separate processes? I'm wondering if having an official complaint on record might give my appeal more weight. Also thanks for clarifying the 14 calendar days thing. I was cutting it close but managed to get mine submitted with 3 days to spare!

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I'm currently waiting on my Commission Appeal decision too - filed it about 6 weeks ago after losing my first appeal over a misconduct determination. Based on what I've learned from this process and talking to others, here are a few additional tips: 1. If you're submitting new evidence, make sure to clearly explain in your written statement WHY this evidence wasn't available during the first appeal. They're pretty strict about this. 2. When writing your appeal statement, don't just argue the facts - point out specific legal errors the hearing officer made. I spent time researching the Texas Labor Code sections that applied to my case. 3. Keep detailed records of everything - dates you submitted documents, confirmation numbers, etc. The system can be disorganized and you might need to prove you submitted things on time. The waiting is brutal, especially when you're already struggling financially. But from what I've seen in this thread and other forums, people do win these second appeals fairly often, especially when there's clear documentation like pay stubs or employment records that contradict the employer's claims. Good luck with your appeal! The fact that you KNOW your wages were reported incorrectly and presumably have documentation to prove it puts you in a much better position than someone just arguing opinion vs. opinion.

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This is really helpful advice, especially the part about researching the Texas Labor Code sections! I hadn't thought about approaching it from a legal error angle rather than just arguing the facts. Since you mentioned you're 6 weeks into waiting for your decision, have you been able to get any updates on the status? I'm dreading the long wait ahead and wondering if there's any way to track progress or get estimated timelines. From what others have said, it sounds like the Appeal Department phone line is nearly impossible to get through to. Also, when you say "point out specific legal errors" - did you cite specific code sections in your written statement, or did you phrase it more generally? I want to make sure I sound knowledgeable but not like I'm trying to practice law without a license, if that makes sense. Thanks for sharing your experience - it's reassuring to know that people do win these appeals with proper documentation!

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I've been following this thread closely as someone who just went through the Commission Appeal process myself (got my decision 3 weeks ago - they ruled in my favor!). A few things I learned that might help: For the legal error approach that Logan mentioned - I found it effective to reference specific sections of the Texas Labor Code, but I phrased it like "The hearing officer's decision appears to conflict with Texas Labor Code Section 207.021 regarding qualifying wage requirements" rather than trying to give legal interpretations. You're basically pointing out inconsistencies, not practicing law. Regarding status updates - I never got through to the Appeal Department phone line either, but I did have success using that Claimyr service that Natasha mentioned earlier. They were able to confirm that my appeal was received and being processed, though they couldn't give specifics on timeline. One thing I wish I'd known earlier: if you have W-2s or 1099s that show wages your employer didn't report to TWC, definitely include copies with your appeal. The Commission can request wage records directly from employers during their review, but having your documentation readily available seems to speed things up. The whole process took 11 weeks for me from submission to decision, which matches what others have reported here. Keep requesting those payments every two weeks - getting that lump sum backpay when you win makes all the waiting worth it!

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Congratulations on winning your appeal! That's so encouraging to hear, especially after 11 weeks of waiting. I really appreciate the specific advice about how to phrase the legal code references - that's exactly what I was wondering about. I don't want to overstep but I do want to show that the hearing officer made actual legal errors. I definitely have W-2s that show wages my employer didn't report correctly to TWC, so I'll make sure to include copies of those. It sounds like having that documentation readily available was key to your success. Quick question - when you got your favorable decision, did they automatically start processing your backpay or did you have to take additional steps? I'm trying to prepare for what comes next if I'm lucky enough to win. Thanks for sharing your experience and giving the rest of us hope!

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I just wanted to jump in here as someone who's been through the Commission Appeal process twice (unfortunately lost the first time, won the second). The advice in this thread is really solid, especially about being specific with the "findings of fact" errors and keeping detailed documentation. One thing I'd add that hasn't been mentioned yet - if your wage dispute involves tips, commissions, or any irregular pay that might not show up clearly on standard payroll records, make sure you document EVERYTHING. I had to include bank deposit records, cash tip logs, and even customer receipts to prove my actual earnings during the base period quarters. Also, while you're waiting for the decision, consider reaching out to your local workforce solutions office. Some of them have staff who can help review your appeal documents before submission to make sure you haven't missed anything crucial. Not all offices offer this service, but it's worth asking. The 10-12 week wait time people are mentioning seems accurate based on recent cases I've seen. It's brutal when you're already financially stressed, but don't let the timeline discourage you from pursuing it if you know you're right. The Commission actually does overturn a fair number of first-level decisions, especially in wage cases where there's clear documentation of employer reporting errors. Hang in there - this process tests your patience but it can be worth it in the end!

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This is such valuable advice about documenting irregular pay! I work in a restaurant and definitely receive tips that might not be fully reflected in what my employer reported to TWC. I hadn't thought about including bank deposit records and tip logs - that's brilliant. I'm curious about the workforce solutions office help you mentioned. Did they actually review your documents before you submitted them, or was it more general guidance? I'm in the Dallas area and wonder if the office here offers that kind of support. It would be amazing to have someone with experience look over my appeal before I send it in. The timeline is definitely intimidating, especially when bills are piling up, but reading all these success stories in this thread is giving me hope. It sounds like having solid documentation really does make a difference in these Commission Appeals. Thanks for sharing your experience with going through this process twice - that must have been incredibly frustrating but it's helpful to know that persistence can pay off!

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As someone who works for a legal aid organization and helps people with unemployment appeals, I can confirm that most of the advice in this thread is spot-on. Commission Appeals are indeed document-heavy with no hearing, and the 10-12 week timeline is unfortunately accurate right now. A few professional tips to add: First, when challenging "findings of fact," be surgical - don't challenge everything, just the specific factual errors that led to the wrong legal conclusion. Second, if you're dealing with wage disputes, request your "wage protest" records from TWC (if any were filed) - sometimes employers dispute wages reported by other employers, which can reveal inconsistencies. Most importantly for wage cases: Texas Labor Code requires TWC to use the "best available evidence" when determining wages. If your pay stubs, W-2s, or tax records show higher wages than what TWC has on file, that's often considered better evidence than incomplete employer reports. One thing I always tell clients: even if you ultimately lose the Commission Appeal, having gone through this process strengthens your position if you need to appeal to civil court later. The detailed record you create now becomes crucial for that next level. Keep fighting if you know you're right - wage reporting errors are more common than people think, and the Commission does reverse these decisions regularly when presented with proper documentation.

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This is incredibly valuable information, especially coming from someone who works professionally with unemployment appeals! The tip about requesting "wage protest" records from TWC is something I hadn't heard before - that could really help expose inconsistencies in my case. Your point about being "surgical" when challenging findings of fact is really helpful too. I was planning to go through and dispute everything that seemed wrong, but you're right that focusing on the specific errors that led to the incorrect conclusion would be more effective. I'm definitely dealing with a wage dispute where my documentation shows higher earnings than what TWC has on file, so it's reassuring to hear about the "best available evidence" standard under Texas Labor Code. That gives me confidence that my W-2s and pay stubs should carry significant weight in the review. Quick question - when you mention requesting wage protest records, is that something I can do online through the TWC portal, or do I need to call or submit a written request? Given how hard it is to reach anyone by phone, I'm hoping there's an online option. Thank you for taking the time to share your professional expertise here - it's incredibly helpful to have guidance from someone who knows the system inside and out!

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I'm currently in the middle of my Commission Appeal process (submitted about 8 weeks ago) and this thread has been incredibly helpful! Reading everyone's experiences has given me both hope and realistic expectations about the timeline. One thing I wanted to add that I learned the hard way - when you're gathering your wage documentation, don't forget about any bonuses, overtime pay, or shift differentials that might not be clearly labeled on your pay stubs. My employer had reported my base wages correctly but completely left out my shift differential pay, which added up to a significant amount over the base period quarters. I ended up creating a spreadsheet that broke down every single pay period during my base period, comparing my actual pay stubs to what TWC had on record. It was tedious but it clearly showed the discrepancies. I included this with my appeal along with copies of every pay stub. For anyone still preparing their appeal, I'd also recommend checking if your employer uses a third-party payroll company. Sometimes the wage reporting errors happen at that level, and having documentation that shows the payroll company's records vs. what actually got reported to TWC can strengthen your case. The waiting is absolutely brutal, especially when you're already financially stressed from being unemployed. But reading about people like Alberto and others who won their appeals after similar timelines is keeping me hopeful. Fingers crossed we all get good news eventually!

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That's such a smart approach with the spreadsheet breakdown! I never would have thought to look at shift differentials and bonuses separately - my employer has those too and they might not be properly reported. Creating that detailed comparison between pay stubs and TWC records sounds like exactly the kind of documentation that could make the difference. 8 weeks in must be nerve-wracking, but you're getting close to that 10-12 week timeline everyone's been mentioning. Your point about third-party payroll companies is really insightful too - my employer does use an outside payroll service, so there could definitely be a disconnect there between what they processed and what actually got reported to TWC. Thanks for sharing the practical details about how you organized your evidence. It's helpful to know the level of detail that seems to work for these appeals. Really hoping you get good news soon - keep us posted when you hear back!

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I'm really grateful for all the detailed advice everyone has shared in this thread! As someone who's about to start this Commission Appeal process, I feel much better prepared after reading through all your experiences. A few key takeaways I'm noting for my own appeal: 1) Focus specifically on factual errors in the hearing officer's "findings of fact" rather than arguing everything, 2) Include comprehensive wage documentation (W-2s, pay stubs, bank records if needed), 3) Reference specific Texas Labor Code sections where the decision seems inconsistent, and 4) Be prepared for a 10-12 week wait but keep requesting payments throughout. The tip about checking with workforce solutions offices for document review is something I'm definitely going to pursue - it would be great to have professional eyes on my appeal before submission. One question for those who've been through this - did any of you also file complaints with other agencies (like the Department of Labor Standards that AstroAlpha mentioned) while your Commission Appeal was pending? I'm wondering if pursuing multiple avenues simultaneously could help or if it might somehow complicate the TWC appeal process. Thanks again everyone for sharing your knowledge and experiences. It's reassuring to know there are people out there willing to help others navigate this confusing and stressful process!

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Great summary of all the key points! I actually did file a complaint with the Department of Labor Standards while my Commission Appeal was pending, and it didn't seem to complicate anything with TWC. They're separate processes, but having that official complaint on record actually helped validate my case when the Commission reviewed it. The Department of Labor Standards complaint took about 6 weeks to investigate, and they found that my employer had indeed failed to properly report wages to multiple agencies, not just TWC. When I mentioned this finding in a follow-up letter to the Commission (you can submit additional documentation while your appeal is pending), I think it strengthened my position significantly. Just make sure if you do file with other agencies, you keep TWC informed about any new findings or documentation that comes from those investigations. The Commission Appeals process allows for supplemental evidence if it becomes available after your initial submission, as long as you explain why it wasn't available before. Good luck with your appeal! Based on everything you've outlined, it sounds like you're going in well-prepared with solid documentation.

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