The TWC offers claimants a number of remedies. This includes an unemployment hearing, at least two levels of appeals, and even a right to challenge the decision in court.
Most disputes end with the first administrative appeal, however. This is the TWC unemployment appeals hearing filed in response to an adverse benefit determination.
How to File a TWC Unemployment Appeal
To submit an appeal, you have to file the appeal within 14 calendar days of the date the TWC mailed the determination to you.
The TWC says that an appeal itself can be filed online, by mail, by email, or even in person. That may be true, but you should submit your appeal online if possible. The online system ensures that your appeal is received and gives you proof that it was in fact submitted.
You can continue to request bi-monthly payments while your appeal is pending and you are not employed full-time.
About the TWC Unemployment Appeals Hearing
You do not need to hire an attorney for Texas unemployment appeals, but you are well advised to do so. The attorney can provide advice and/or actually represent you at the hearing.
The hearing itself will be held by a hearing officer. The hearing officer conducts the hearing by phone. You have the right to present evidence, which can include testimony, witnesses, and documents.
The hearing concludes with a decision being mailed to the interested parties. The initial notice is called a Determination Notice.
Appealing the Appeals Decision
The decision in the Determination Notice is also appealable.
It is appealable to the Appeal Tribunal. The appeal to the Appeal Tribunal is also due 14 calendar days from the date the TWC mailed you the prior decision.
Appealing the Appeal to the Appeal
If you are still unsuccessful, you can appeal the decision of the Appeal Tribunal to the Commission. If you are unsuccessful in that appeal, you can ask for a rehearing if you can show:
- Important new information about your case
- A compelling reason why you did not present this information earlier
- Why you think this information could change the outcome of your case
You can also appeal this decision in court.
a rehearing can be filed, and the decision can be appealed in court.