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

Just got hit with a bombshell from TWC. Apparently I was 'not qualified' for unemployment I received during COVID (nearly $4,700) and now they're saying I need to appeal if I don't want to pay it all back. Got a determination letter yesterday saying I didn't meet eligibility requirements because I 'voluntarily quit' - which is NOT true! I was laid off when our restaurant closed in 2021, but my former manager apparently told TWC something different. Has anybody gone through this overpayment appeal process? How long does it take? Do I need to hire a lawyer? I'm freaking out because there's no way I can pay back that much money right now.

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!!

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Ezra Beard

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Thanks for the warning about the deadline! Did you win your appeal? What kind of evidence did you need?

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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.

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Ezra Beard

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Thank you for the detailed info! I'm going to file the appeal today. I have texts from my manager about the restaurant closing temporarily (though it never reopened). Would that be good evidence?

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Aria Khan

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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.

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Ezra Beard

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That's good to know about the payment plan option, though I'm really hoping it won't come to that. I'll start collecting those screenshots and reaching out to former coworkers today.

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Everett Tutum

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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

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Sunny Wang

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I had the same problem trying to reach TWC about my overpayment issue! I was getting busy signals for days. I finally used Claimyr (claimyr.com) to get through - they have a service that keeps calling TWC for you and connects you when an agent answers. Saved me hours of redial frustration. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Totally worth it to actually talk to someone and get the specifics about my case before my appeal hearing.

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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!!

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Ezra Beard

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That's encouraging to hear! Glad she was able to prove her case.

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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!!!

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Ezra Beard

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My case isn't about work searches - it's about whether I quit or was laid off. But thanks for mentioning it, I'll make sure I have everything organized for the appeal.

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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.

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Aria Khan

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Great advice. Also, make sure to clearly state at the beginning of the hearing that you were laid off due to the restaurant closing during COVID, not that you voluntarily quit. Sometimes these cases come down to specific terminology, so be very clear and consistent in how you describe what happened.

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Sunny Wang

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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.

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Ezra Beard

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3 weeks isn't too bad. Did they contact you by mail or email with the decision?

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Sunny Wang

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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.

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Ezra Beard

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Perfect, thanks! I'll keep an eye on both. I'm filing the appeal today and gathering all my evidence. Feeling a bit more confident now thanks to everyone's advice.

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