TWC using my current benefits to repay a $7,000 overpayment from 2011 - caught by surprise
Just got blindsided big time. Filed for unemployment in January after my construction job ended. My claim was approved but I've been waiting 5 weeks with NO PAYMENTS hitting my account. After calling TWC about 50 times (literally), I finally got through to an agent yesterday who dropped a bomb on me. Apparently back in 2011, I was overpaid by $9,500 on my unemployment benefits and now they're taking 100% of my current benefits to recover that debt! The agent said letters were sent to my address from 2011 (which I haven't lived at for over a decade). I swear I never received ANY notification about this overpayment until now. The worst part is the agent said it wasn't even my fault - there was some employer reporting error that caused it! Has anyone dealt with this? Can I appeal or get a payment plan so I can at least get SOME money while I'm looking for work? I can't believe they can just hold funds from 14 years ago against me with zero warning.
18 comments
Liam Mendez
omg this same thing happened to my cousin last month! TWC is literally taking her ENTIRE benefit amount for an overpayment from like 8 years ago that she didnt even know about. sooo messed up!!! She tried to fight it but they said something about a "statute of limitations" doesnt apply to govt debts? idk but its so unfair
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Emily Jackson
•That's so frustrating! Did your cousin find any solution? I have bills due next week and was counting on this unemployment money.
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Sophia Nguyen
Yes, you can request a payment plan or hardship reduction. TWC can legally recover overpayments from current benefits, but they don't have to take 100%. Call the TWC Overpayment Department directly at 512-936-3338 and explain your financial situation. Request that they reduce the recoupment rate to 25-50% so you can receive some benefits while paying back the debt. Make sure to mention that you never received notification and that the agent said it wasn't your fault. Document everything - who you talk to, dates, and what was said. The overpayment department is separate from regular TWC staff.
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Emily Jackson
•Thank you so much for this information! I didn't realize there was a separate department for overpayments. I'll call them first thing tomorrow morning. Do you know if I need to provide any specific documentation for the hardship reduction?
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Jacob Smithson
Unfortunately, TWC can collect overpayments forever - there's no statute of limitations on unemployment debt in Texas. I had a similar situation (smaller amount though) and I requested a waiver since it wasn't my fault. Fill out Form EO-48 "Request for Waiver of Overpayment" which you can find on their website. Technically they CAN waive it if it wasn't your fault and repayment would cause financial hardship. The catch is they rarely approve these waivers, but it's worth trying. While waiting for the waiver decision, definitely request that partial payment arrangement the other person mentioned.
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Isabella Brown
•They dont waive NOTHIN these days!!! Tried to get an overpayment waived last yr & TWC laughed me outta the building lol. They said employers pay into the system so they gotta protect the $$$.
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Maya Patel
I think you should also check if they've calculated the correct amount. After 14 years with interest, $7k becoming $9.5k seems possible... but make sure they've got it right. Ask for a complete accounting breakdown. And double-check they have the right person too. I've heard of mix-ups with similar names or SSNs.
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Emily Jackson
•That's a good point! I didn't even think to question the amount. I was so shocked by the news I didn't ask for a breakdown. Will definitely request that when I call tomorrow.
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Aiden Rodríguez
Listen, getting through to TWC is literally the biggest challenge here. I was in a similar situation (not with overpayment but another issue) and I spent WEEKS trying to reach someone who could actually help. After wasting countless hours on hold, I found this service called Claimyr that got me through to a TWC agent in under 20 minutes instead of the hours or days of redialing. It costs a bit but was completely worth it for how much time it saved me. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh For your specific situation, you really need to talk to the overpayment department directly like someone mentioned above. Just be prepared to wait forever unless you use something to help get through.
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Emily Jackson
•Thanks for the tip! I'll check out that service if I can't get through tomorrow. I've already wasted so many hours trying to reach someone, and time is really of the essence now with bills coming due.
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Emma Garcia
TWC did the EXACT SAME THING to me in 2023!!! Found out they were taking my benefits for an overpayment from 2009!!! I filed an appeal AND requested a payment plan at the same time (do both). In my appeal, I argued that I never received proper notice and that collecting a debt this old without notification violated my due process rights. While my appeal was processing, they agreed to reduce the recoupment to 25% of my weekly benefit - at least I got something while it was being resolved. Also, VERY IMPORTANT - request an official "Statement of Overpayment Account" from TWC. Mine showed they had been adding interest for years and the amount had almost doubled! I was able to challenge some of the interest calculations. The appeal took 3 months but I eventually got a hearing. They didn't waive the debt completely but they reduced it by 30% and continued the 25% recoupment rate. Better than nothing!
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Sophia Nguyen
•This is excellent advice about requesting both an appeal and payment plan simultaneously. The Statement of Overpayment Account is definitely critical - I've seen numerous cases where the interest calculations were incorrect. Also, for the original poster: be aware that you only have 14 calendar days from the date you first received notification about the overpayment to file your appeal, so act quickly.
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Liam Mendez
wait i'm confused... if it was the employers fault shouldn't THEY have to pay it back not you??
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Jacob Smithson
•That's not quite how it works. Even if the overpayment was due to employer error, the claimant technically received benefits they weren't eligible for. The law requires TWC to recover overpayments regardless of fault. However, if it wasn't the claimant's fault, that's when you can request a waiver based on the fact it wasn't your error AND it would cause financial hardship to repay. It's a tough standard to meet, but worth trying in cases like this.
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Isabella Brown
Am I the only one wondering how they can just spring this on you after 14 YEARS??? I mean I get bills from 2 years ago and I'm like "too late buddy" lol. But seriously, check if they sent notices to your MyTWC correspondence inbox over the years. Sometimes they claim they "notified" you by putting it in your online account even if you weren't actively using it after your previous claim ended.
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Emma Garcia
•THIS. They put "notices" in your account but don't email or call to tell you there's a notice! How convenient for them that you never saw it! Then they hit you with the full amount + 14 years of interest when you file a new claim. It's a completely ridiculous system designed to benefit TWC, not workers. You literally have to log in regularly for YEARS after your claim ends just to check if they've decided you owe them money. Who does that???
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Sophia Nguyen
Just to follow up on what others have said with some clarification about your options: 1. Request a payment plan (aim for 25% recoupment instead of 100%) 2. File an appeal within 14 days of notification (focus on lack of notice and non-fault overpayment) 3. Submit Form EO-48 for waiver consideration 4. Request Statement of Overpayment Account to verify amount The good news is that even though this is frustrating, you do have multiple options to pursue simultaneously. The most immediate relief will likely come from the payment plan, which can often be arranged quickly. The appeal and waiver process take longer but could potentially resolve the entire debt. Also, if you're struggling financially while this gets resolved, remember to check eligibility for other assistance programs like SNAP (food stamps) or emergency housing assistance through your county.
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Emily Jackson
•Thank you for breaking this down so clearly. I'm going to start with calling for the payment plan tomorrow since that seems like the fastest way to get at least some money coming in. Then I'll work on the appeal and waiver form. This whole situation is just so stressful on top of being unemployed.
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