What does not adversely affected mean unemployment - Texas TWC explained

That actually helps a lot. My hours were cut because a client contract fell through and they had to redistribute work. I had zero say in it.

Yeah that kind of situation is usually fine. The key thing is you didn't voluntarily reduce your own hours or refuse available work.

Wait is this the same as being 'not at fault'? I always thought those were the same thing but now I'm not sure.

They're related but not identical. 'Not adversely affected' in some contexts is about whether the business itself was impacted, like for work-sharing programs. For a regular partial claim it's more about whether the reduction was your employer's decision, not yours.

Every time I call I either get a busy signal or sit on hold forever and then it disconnects. It's been really frustrating trying to get anyone on the phone.

The hold times right now are brutal. I've been trying to get through for days about my own claim and can't get past the automated system.

I really need to try something because calling manually is not working at all. Did you have to go through a lot of steps to set it up?

That's good to know, I have a question about how earnings get reported for partial weeks and I cannot get anyone on the phone either. Might try that route.

Okay that formula makes sense. So I should still be submitting payment requests even on weeks I work some hours, right?

Exactly right. Keep submitting them every two weeks no matter what. Even weeks where you earn close to the limit, you still report it and TWC calculates what you're owed. Missing a payment request window means you lose that week.

Is the 25 percent thing a Texas-specific rule? My cousin in another state had a totally different threshold and I want to make sure I'm not mixing up the rules.

It's specific to Texas TWC yes. The formula can vary by state so make sure you're only going by what TWC tells you for your claim.

That's exactly what I'm scared of happening. What was the determination about when you got the cannot pay notice?

Mine was about whether I was available for full-time work. I was trying to stay at my partial hours job and I checked something that made it look like I wasn't willing to take full-time work elsewhere. Had to appeal and explain that yes I was available and looking for full-time, I just hadn't found anything yet.

Ugh that's such a trap. The questions are written in a way that feels like they're trying to catch you out rather than help you get what you're owed.

Wait really? I did not know that. I haven't been logging anything because I figured since I'm still employed it didn't apply to me.

Yep, being partially employed and still collecting doesn't get you out of the work search requirement unless TWC specifically waives it for you. I'd start logging your activities now and document any job applications you send out going forward.

Does the number of required activities change if you're part time versus fully unemployed? Like does TWC adjust it based on your situation?

The number comes from the county you're in, not your employment status. Someone in Harris County needs five activities per week regardless of whether they're on full or partial benefits.

Five per week seems like a lot when you're also still working 20+ hours. That's basically a part-time job on top of your part-time job.

Four weeks is a long time when you're short on income. Did you do anything to speed up the process or just wait it out?

Mostly just waited. I kept submitting my payment requests on time every two weeks and checked UBS once a day. The key thing is never miss a payment request even if your claim isn't resolved yet, because TWC only pays for weeks you've actually requested.

Oh that's a really important distinction. So I report by when I did the work, not by when the money hits my bank account?

Exactly. The week you performed the work is when it counts, regardless of your pay schedule.

This is the one thing that trips people up the most with partial claims. Report when you worked it, not when you got paid for it.

Five weeks is on the longer side but not unheard of. Adjudication just means TWC is still reviewing whether you're eligible, it doesn't mean anything is wrong. Keep submitting your payment requests on schedule in the meantime.

I keep mixing up adjudication and an appeal in my head. Are they totally different things?

Pretty different yeah. Adjudication is the initial review process where TWC figures out if you qualify before they've made any determination at all. An appeal is what you file AFTER TWC issues a determination and you disagree with their decision. You'd only appeal if you got a notice saying you were disqualified or denied.

Okay that makes sense, thank you. I was worried I needed to file an appeal but it sounds like I just need to wait for the initial review to finish.

Good tip, I've been refreshing it constantly like that's going to change something faster.

Ha same, I've refreshed UBS probably 40 times today. Doesn't help but it makes me feel like I'm doing something.

Save everything. Screenshots of texts, emails, any written communication about the schedule change. TWC gives your employer 14 days to respond to the claim and then weighs both sides. If they've already submitted something inaccurate you may get a determination letter and need to appeal within 14 days of when it was mailed.

The determination letter, is that the same as the notice I got when I first applied? Or is it a different letter that comes later?

Different letter. The initial notice just confirms you applied. A determination letter actually tells you whether TWC has decided you can or can't receive payments and why. Check the date at the top of whatever letter you have, that's when the 14-day appeal clock starts.

Document everything and send it in writing if you appeal. The appeal hearing is by phone with one hearing officer and they go only on the evidence that's actually submitted.

Wait, round DOWN always? Even if it's like $487.90?

Yes, always round down. So $487.90 would be reported as $487. The agent was pretty clear about that.

I had no idea about the rounding direction. I definitely need to double check my payment requests.

For a full layoff it usually doesn't come up the same way. The phrasing tends to be more relevant to partial employment situations or specific work-sharing arrangements. A straight layoff where your position was eliminated is pretty clearly not your fault so TWC doesn't need to dig into that question the same way.

Okay good, that makes me feel better. My company shut down the whole division so there was nothing ambiguous about why I lost my job.

That's genuinely alarming. So I need to watch for more than one letter potentially?

Yes, keep checking your mail and your UBS account. If you get a cannot pay determination on anything, you have 14 calendar days from the date printed at the top of that letter to appeal it. Don't go by when you received it, go by the date printed on the letter itself.

This is why I always tell people to appeal every cannot pay determination even if they think they don't have a case. You can always withdraw an appeal but you can't file one after the deadline.

Yes, all work counts. Freelance, gig work, any self-employment income needs to be reported. For self-employment you'd report your net profit rather than your gross revenue, but it still has to go on your payment request for the week you did the work.

Net profit meaning after my expenses? Like if I spent $50 on software for a project that paid $200, I report $150?

That's the right idea. Self-employed claimants report net profit so your business costs can factor in. Just make sure you're consistent about it and can document it if TWC ever asks.

This is really helpful actually, I do some reselling on the side and wasn't sure if that counted. Sounds like it does.

Reselling for profit counts too yes. Any income from buying things and selling them at a markup needs to be reported for the week you made the sale.

You can apply now but TWC can only pay from the Sunday of the week you actually apply, they can't go back and cover those earlier weeks. The sooner you apply the better, don't wait any longer.

Ugh three months of benefits just gone. I had no idea. Filing tonight.

Apply as soon as you can. Even going forward the payments help while you're still dealing with reduced hours.

That's not accurate. You still need to register on WorkInTexas.com and complete your required work search activities every week. Being partially employed doesn't exempt you from the registration or the work search requirements. The only way out of work search is if TWC specifically waives it for your situation.

That's what I figured. I already registered but good to know my cousin was wrong before I skipped a week thinking I didn't need to.

So many people get bad advice from friends and family who went through the system years ago when the rules might have been different. Always check twc.texas.gov directly.

This is basically the confirmation I needed. My hours were cut by my employer for business reasons and I didn't refuse any work or ask for the reduction. So I should be in good shape.

That was my read too based on what the agent said. Keep logging your work search activities and submitting payment requests on time and you should be fine.

Good to have an actual agent confirm it. The official language on those forms is just needlessly confusing.

Wait I thought the waiting week just appeared eventually on its own. I didn't know I had to request it if I went back to work.

Yeah it's one of those things nobody tells you. If you return to full-time work and want your waiting week paid out, you have to go into UBS and request it, or call Tele-Serv and use Option 2 then Option 4. It won't just show up.

Both conditions have to be met though. You can't get it just because you got two payments. You need the payments AND either the return to work or exhausting your benefits.

Laid out like that it's really clear. Mine is definitely in the first category, the client contract situation was completely outside my control.

This should be pinned somewhere. Clearest explanation I've seen of that concept.

The other thing to know is that if you turned down any offered hours during this period, that could complicate things. If your employer offered you shifts and you declined them, TWC might see that differently than a pure hour reduction.