Heather Davis

How to Appeal a Denied Unemployment-Benefits Claim with the Texas Workforce Commission

/in /by

An appeal is a written notice stating that you disagree with the Texas Workforce Commission’s decision and that you want your case to instead be decided through the appeal process. This blog will go through the steps to take if you’re looking to file an appeal.

How to File an Appeal

You must file the appeal within 14 calendar days of the date in which the TWC mailed you the Determination Notice, which is a statement issued by the TWC saying whether or not the TWC has decided to pay you unemployment benefits. You can’t submit an appeal through the phone or through email, but you can submit it online on TWC’s website or in person at your nearest TWC office. You can check the status of your appeal two to three weeks after submitting it.

Your appeal should include:

  • Your name
  • Your social security number
  • Your current address
  • The date TWC mailed you the Determination Notice
  • Any dates on which you can’t participate in a hearing
  • Any accommodations you need for your hearing

How to Prepare for Your Appeal Hearing

It’s important to make sure that you bring all of the necessary documentation with you to your hearing. Case documentation could include:

  • Letters and memos
  • Timecards
  • Medical records
  • Photos
  • Maps and diagrams
  • Charts
  • Performance records

For telephone hearings, you must register a phone number where you can be reached no earlier than one hour and no later than 15 minutes later than the time of the hearing.How to Use Witnesses

If you know someone who has personal knowledge about your case, you can use them as your witness. Make sure you contact your witness before your hearing and have them arrange their schedule so they are able to attend the hearing. At the hearing, be prepared to give the hearing officer a list of your witnesses and their phone numbers. Your witnesses can attend the hearing either in person or over the phone.

If need be, you can subpoena a witness. This means you would require a witness to attend the hearing to provide documentation for your case. You must speak with the hearing officer in order to subpoena a witness. The hearing officer will only grant a subpoena request if they determine that the witness requested to be subpoenaed are relevant to the case.

What to Expect During Your Appeal Hearing

At the beginning of your appeal hearing, you can expect the hearing officer to give an opening statement about:

  • Information identifying the case
  • What determination and issues are on appeal
  • Who is taking part in the hearing
  • Each party’s rights
  • The procedures used for the hearing

The hearing officer will then hear statements from each party. The hearing officer will question the witnesses and allow them to add any relevant information. The other side may also question your witnesses. The hearing will follow this procedure until everyone has spoken. Finally, the hearing officer will discuss any documents provided by either party or that are part of the case file. These documents will be admitted into evidence after ruling on any objections by either party. The hearing officer will allow both sides to add any new testimony, and then the hearing will end.

What to Do After Your Appeal Hearing

Following your appeal hearing, the hearing officer will mail you a written decision within five to ten days of the hearing. If you don’t agree with the decision and it results in an overpayment of benefits, you will be required to repay those benefits to TWC.

You are allowed to request a free recording of your hearing. It typically takes one to two weeks to receive a copy recording of the hearing. To request a recording, you must include your name, appeal number, the last four digits of your social security number, and your phone number. You can mail your request to a TWC office.