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TWC sent my tax refund to TOP - can I get my money back?

So frustrated right now! I just found out that Treasury Offset Program (TOP) took my ENTIRE tax refund ($2,750) and gave it to TWC for some alleged overpayment from 2023. But here's the crazy part - I already set up a payment plan with TWC back in January and have been making $185 monthly payments on time! So they're essentially double-dipping by taking my tax refund AND my monthly payments. Has anyone dealt with this before? Do I have any chance of getting some of my refund back since I'm already paying them through the established payment plan? Called TOP and they basically said it's TWC's decision now. I'm freaking out because I was counting on that refund for car repairs.

Tami Morgan

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This happened to me last year! It's sooooo frustrating. Unfortunately, TWC won't automatically return the money even if you have a payment plan. You have to specifically request a refund of the excess offset amount. Call TWC directly (good luck getting through) and explain that you've been making payments on the payment plan, so the tax offset creates an overpayment on your overpayment lol. They CAN refund the difference, but only if you specifically ask for it.

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Maya Diaz

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Ugghh thanks for the info. Did you actually get any money back when you called? I've been trying for 3 days and can't get a human on the phone.

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Rami Samuels

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This is a common misunderstanding about payment plans with TWC. When you set up a payment plan for an overpayment, it doesn't automatically stop the Treasury Offset Program process. Those are two separate systems. Your payment plan is with TWC directly, while the tax refund intercept happens through TOP at the federal level. You need to take these steps: 1. Request an accounting statement from TWC showing all payments (including the tax offset) 2. File a "Request for Refund of Excess Offset" with TWC 3. Include documentation of your payment plan and proof of payments made If the total amount collected (monthly payments plus tax refund) exceeds your original overpayment balance, you ARE entitled to get the excess back. But it won't happen automatically - you must formally request it.

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Maya Diaz

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Thank you so much for explaining this! Where exactly do I find the "Request for Refund of Excess Offset" form? Is it on the TWC website somewhere?

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Rami Samuels

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You won't find a specific form for this on the TWC website. You'll need to write a formal letter requesting the refund of excess offset. Include your name, last 4 of SSN, TWC account number, and an itemized list of all payments made (including the tax offset). Mail it to TWC's Collection Department at Texas Workforce Commission, P.O. Box 149352, Austin, TX 78714-9352. Also keep trying to reach someone by phone to follow up.

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Haley Bennett

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man thats messed up!! they took my refund last yr too but i didnt have no payment plan. sux they can just take ur $ like that. the govt always wins smh

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Maya Diaz

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Right?? It feels like robbery. I set up the payment plan specifically to avoid this happening.

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Douglas Foster

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If you need to talk to TWC faster, try Claimyr. I was in a similar situation with an overpayment issue and couldn't get through on the phone for weeks. Used their service and got connected to a TWC agent in about 20 minutes. They basically call TWC for you and then connect you when they get through. Saved me so much frustration! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh

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Nina Chan

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Does this actually work? Seems too good to be true considering I've been trying to reach TWC for over a week now...

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Douglas Foster

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It worked for me! I was skeptical too but was desperate after trying for days. The TWC agent I finally talked to even helped me file the paperwork for getting my excess offset returned.

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Ruby Knight

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I used to work with overpayment cases. Here's what's happening: The Treasury Offset Program (TOP) operates independently from TWC's internal payment plans. When TWC certifies a debt to TOP, your tax refund can be intercepted regardless of any payment arrangements you've made directly with TWC. However, you ARE entitled to a refund if the combined amount of your payment plan payments + the tax refund intercept exceeds your overpayment balance. TWC calls this an "excess offset refund." Call the TWC Collections department directly at 512-936-3338. This is different from the regular unemployment line and sometimes easier to reach. Request an "excess offset review" and be prepared to provide: - Your payment plan agreement number - Dates and amounts of payments you've made - Amount of your tax refund that was offset The review typically takes 2-3 weeks. If approved, they'll mail you a check for the excess amount.

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Maya Diaz

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Thank you SO much for this detailed information! That specific phone number is incredibly helpful. I'll call them tomorrow morning first thing.

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Diego Castillo

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Quick question - when did you receive the notice from TOP that they were taking your refund? I'm wondering if I need to worry about this happening to me since I also have a TWC overpayment...

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Maya Diaz

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I didn't even get a notice beforehand! I just saw my tax refund was way less than expected when it hit my account, then called the IRS who told me it went to TOP, then called TOP who said it went to TWC. The whole process was incredibly frustrating and no one gave me advance warning.

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Logan Stewart

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TWC IS THE WORST!!!!! They did this to me in 2024 and took $4,300!!!! I had a payment plan too and THEY STILL TOOK MY REFUND!!! Called and called and NOBODY WOULD HELP ME. Its been 4 months and stil havent gotten a PENNY back even tho they took MORE than what I owed!!!! The system is RIGGED against regular people!!!!

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Maya Diaz

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Oh no, that's awful. Have you tried filing a formal request for the excess amount? Some people here suggested specific ways to request the money back.

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Ruby Knight

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Update on the specific process: After you call the TWC Collections department at 512-936-3338, they'll verify your payment history and TOP offset amount. If they confirm you've overpaid, they'll create an "Excess Offset Refund Request." This goes to their accounting department for review, which typically takes 15-20 business days. If approved, they issue a check - not a direct deposit, even if you normally receive benefits via direct deposit. The check will come from the Texas Comptroller's office, not TWC directly. Keep following up weekly if you don't receive confirmation within 3 weeks.

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Maya Diaz

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This is incredibly helpful, thank you! I'll definitely keep following up weekly - I know how these things can fall through the cracks.

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