TWC wants me to appeal COVID overpayment - anyone been through this?

Yes!! This EXACT thing happened to me in January. TWC said I owed $5,200 from COVID benefits because my employer claimed I was fired for misconduct (total BS). You have 14 DAYS from the date on the determination letter to file your appeal - DO NOT MISS THIS DEADLINE or you're automatically on the hook for everything!!

I successfully appealed an overpayment determination last year. Here's what you need to do: First, file your appeal immediately through your TWC online account or by fax/mail using the instructions on your determination letter. Then gather documentation showing you were laid off - texts/emails from your employer about the closure, witness statements from coworkers, your final pay stub, etc. If the restaurant truly closed, this should be fairly easy to prove. The hearing will be by phone with a hearing officer. You'll have a chance to tell your side, and your former employer can participate too. Be prepared to clearly explain the circumstances of your separation. Since it was a COVID-related business closure, the hearing officer will likely be familiar with these situations.

Text messages are definitely helpful evidence! Save screenshots of those immediately in case something happens to your phone. Also, if you have any coworkers who can verify the restaurant closed and everyone was laid off, get written statements from them if possible. The hearing officer will want to understand exactly why you stopped working. One thing to keep in mind: if you do lose the appeal, you can request a payment plan from TWC rather than paying the full amount at once. They're usually reasonable about this, especially for COVID-related overpayments.

just went thru this last month. you NEED to call twc before the appeal to understand exactly why they think you quit. the determination letter doesnt tell the whole story. took me 3 days of calling to get thru tho, their phone lines are a joke

My sister's friend got hit with a $7000 overpayment from 2020 and she won her appeal! The key thing was bringing proof of all communications with her employer. TWC sided with her once they saw the emails showing she was laid off. Good luck!!

DID YOU KEEP YOUR WORK SEARCH LOGS??? this is super important!!! they tried to make me repay because they said i didnt do proper work searches but i had screenshots of all my applications!!!

One more thing - when you get your appeal hearing scheduled, PRACTICE what you're going to say beforehand. I got flustered during mine and forgot to mention some important details. Write down bullet points of key facts you need to cover about your layoff and have them ready during the call.

After my appeal hearing, it took about 3 weeks to get the decision. Just prepare for a bit of a wait. If you win, they'll remove the overpayment from your account. If you lose, definitely request that payment plan right away. I had a $3,100 overpayment (different situation though - I accidentally reported my wages wrong), and they let me pay just $50 a month which was manageable.

They mailed the decision letter, but it also showed up in my online TWC account under the Determination/Resolution tab a few days earlier. Check both places.

I went through a similar appeal process in 2022 for a COVID overpayment. The most important thing is to stay organized and document everything. Create a timeline of events showing exactly when and how you were laid off, and gather any evidence that supports your version of events. One tip that really helped me: if your restaurant filed for any kind of business closure or bankruptcy during COVID, try to get documentation of that too. It strengthens your case that this was a legitimate layoff due to business circumstances, not a voluntary quit. Also, don't let your former manager's version of events intimidate you. Employers sometimes mischaracterize separations to avoid higher unemployment insurance costs. The hearing officer will listen to both sides and make their own determination based on the evidence. You've got this! The fact that you have texts about the closure is already a good start.

I'm going through something similar right now! Got my determination letter last week saying I owe back $3,800 from 2021. My employer is claiming I was a "no-call no-show" but I have email proof that I notified my supervisor when I couldn't come in due to COVID exposure. One thing I learned from calling TWC (finally got through after using that Claimyr service someone mentioned) - they said having any written communication about your separation is huge. Even if it's just a text saying "hey, we're closing temporarily" that can make or break your case. Also wanted to add - if you're really stressed about the money aspect, I found out TWC has to prove you received benefits you weren't entitled to. The burden of proof is on THEM during the appeal, not on you to prove you deserved it. That made me feel a bit better going into this process. File that appeal ASAP though - the 14-day deadline is no joke!

I went through this exact same situation in 2023 with a COVID overpayment appeal and WON! Here's my step-by-step advice: 1. File your appeal IMMEDIATELY - you have 14 days from the determination letter date 2. When you file, request all documents TWC has on file for your case (there's a checkbox for this) 3. Get a sworn statement from ANY coworker who can verify the restaurant closure - even if they don't work there anymore 4. If you can find any news articles about restaurant closures in your area during COVID, print those too as supporting evidence During my hearing, the employer tried to claim I abandoned my job, but I had screenshots of a group text where our manager told everyone "we're closing indefinitely due to COVID - sorry guys." That single piece of evidence won my case immediately. The hearing officer was actually very understanding about COVID situations. They've heard this story countless times - restaurants closing and then employers later trying to avoid unemployment costs by claiming people quit. Don't stress too much about needing a lawyer for this type of case. I represented myself and it was fine. Just be organized, tell the truth, and have your evidence ready. You've got this!