Monday, May 23, 2022

How To Win An Unemployment Appeal In Texas

Don't Miss

Appeal To The Commission

TWC Unemployment Appeal Hearings

If you disagree with the Appeal Tribunal decision, you can appeal it in writing to the Commission.

You must appeal in writing within 14 calendar days from the date TWC mailed you the Appeal Tribunal. The appeal deadline is printed on the coversheet of your appeal decision.

You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to Commission Appeals at the address or fax number in the instructions included with your Appeal Tribunal decision and also noted below. You cannot file an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Please keep a copy of your appeal for your records.

Mail, fax or deliver your appeal to:

Mail:;Commission Appeals

What Happens If I Win My Appeal

If you win the appeal, you will be entitled to collect benefits in the future. You will also be entitled to collect any benefits that you certified for but were not paid following the initial determination of ineligibility. Therefore, it is critical that you continue to certify for benefits while you are awaiting your appeal. Your employer may still appeal the new decision to a higher level. Watch for any correspondence from the employer or the unemployment agency. You may be required to submit a written letter explaining why the appeal decision was correct.

How To Appeal An Unemployment Overpayment

If your state unemployment agency sends you an overpayment notice, it means it believes you received unemployment benefits for which you were not entitled. The alleged overpayments may have occurred if the unemployment agency believes you didn’t report part-time earnings while collecting benefits, or went back to work and continued to collect benefits after starting a full-time job. Although each state’s laws and procedures for appealing overpayment differ, most unemployment departments require you to prove you were entitled to the benefits or that you didn’t receive the overpayment due to fraudulent activity on your part.

Read Also: How Do I Track My Unemployment Card

Reducing Unemployment Claims Costs

Effectively managing the risks of unemployment claims is the most important part of unemployment insurance compliance. Despite of their time exhaustive nature, employers can ensure winning unemployment hearings by taking specific steps. As a result, they can reduce state tax liability and positively impact their bottom line.

The burden of proof to demonstrate the employees ineligibility for unemployment benefits lies solely on employers. Therefore, it is critical for them to become familiar with laws regarding eligibility in different states, and to ensure that employee policy violations, performance issues and misconduct are documented in writing. In addition to this, with an unemployment claims solution, employers can improve compliance and the overall handling of UI claims by ensuring maximum precision within claim responses, timely and detailed responses to state inquiries, and support with every aspect of processing claims and hearing representation.

    The information contained within this document is general in nature and is not intended and should not be construed as legal, HR, or opinion by Emtpech. Please contact Emptech or another subject matter professional prior to acting on any information provided in this document.

    Improve Your Chance To Obtain Benefits

    How To Win Unemployment Appeal In Texas

    The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits. The Ohio Unemployment Lawyers at Smith’s Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve. It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith’s Law Offices.

    “Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!”Josh

    “Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. He is very professional and informative and easy to talk to and he explains concerns very well. I would recommend him to anyone. He is very thorough and made me feel very confident with him handling my case. Thank you very much for your hard work in my case.”Valerie

    You May Like: What Ticket Number Is Pa Unemployment On

    I Feel Like Ive Tried Everything And I Still Cant Get My Claim Sorted Out What Can I Do

    If all else fails: Ask again, but louder.

    Houston resident Kimberly Lantz suggests calling your local representatives office. After she was laid off from her job as a hotel sales manager in March, she filed for unemployment right away, but the TWC denied her claim for regular benefits because of an issue with her recent work history.

    For the next seven months, she would try in bursts to get in touch with the workforce commission to find out whether she qualified for pandemic assistance. But she could never get through. It wasnt until she called state Rep. Ed Thompsons office in October to discuss her situation that she got an answer from the TWC. Within a week, $20,000 of backpay was deposited into her account.

    Quit Or Voluntary Termination

    If you quit your job the burden of proof in the hearing rests with you. You must prove that you had a necessitous and compelling reason to leave your job. In other words that you had no choice but to leave. Not getting along with your employer or co-workers is NOT a necessitous and compelling reason to quit. You may feel justified in leaving your job but your reasons may not be considered necessitous and compelling under the law.

    You must testify to what attempts, if any, you made to try to keep your job. If you had a problem, such as harassment, discrimination or health problems, you must have tried to work out the problem with your employer before you quit.

    You May Like: Can You Have An Llc And Collect Unemployment

    Appeal To Civil Court: If An Employer Disagrees With A Commission Decision

    If you win your Commission Appeal and the losing party appeals to civil court, it is important that you cooperate with TWC and the Attorney General, who will represent TWC in the civil court proceeding. Failure to fully cooperate with the Attorney General in the civil court process could result in the case being reversed and an overpayment being assessed against you, which you will be required to repay. Also, since the Attorney General can, by law, only represent TWC, you may need to hire your own attorney.

    Reasons Why You Were Disqualified:

    The top 10 ways to win an unemployment compensation hearing

    1. You did not earn enough money

    The Texas Workforce Commission will take a look at a workers base earnings reported from your past employer. If they determine you did not earn enough to warrant any benefits, you must show proof such as paystubs or a W-2 when appealing.

    2. You quit your job for non-COVID-19 reasons

    Filers wont be penalized if they had to quit due to COVID-19 concerns or exposure. If you quit for other reasons such as an opportunity, you will not earn benefits.

    TWC stated that if you quit your job due to unsafe working conditions, or an illness other than COVID-19, you are eligible for benefits.

    3. You left important information out of your application

    Maybe you left out certain job history in your application, or miscounted the earnings you reported. TWC will verify the information you provided on your file with the employer in question. You may have to go through the appeals process to provide additional verification in order to back up your information, according to The Motley Fool.

    4. You are earning paid leave from your company

    Some employers provided paid leave for their employees who left their jobs due to COVID-19. This can conflict with unemployment benefits and will result in a denied application, The Motley Fool reported.

    Once the employer-paid leave runs out, you can resubmit your application.

    5. You were separated from your job due to misconduct or other non-COVID-19 reasons

    You May Like: How Do I Change My Address For Unemployment Online

    What If My Employer Disagrees With The Decision To Award Me Benefits Can My Employer Appeal

    Yes. The unemployment system also provides an opportunity for employers who believe their former employees are not entitled to benefits to appeal the initial determination awarding benefits, as employers with a high number of unemployment claims must pay higher unemployment premiums.

    While in some cases, employees are wrongfully collecting benefits, and the employers position is justified, there are employers who as a matter of policy always challenge unemployment benefit awards, even when their former employees are legally entitled to benefits. For example, the employer may claim that you quit, when in truth, you were laid off for lack of work. If your employer challenges your award, you need to be prepared to respond, or you may lose the benefits to which you are entitled.

    You will be notified in writing if your employer appeals your award, and will be able to continue collecting benefits until a decision is issued in your case. However, if you lose, you may be required to repay all or part of the benefits you were initially awarded.

    The appeals process generally operates the same way, whether initiated by you after a denial of benefits, or by your employer after you have been awarded benefits.

    I Cant Get Through To The Twc How Do I Get In Touch

    Use the internet when possible. Melissa Jacobs, an attorney with Texas RioGrande Legal Aid, recommends filing your claim online and getting in the habit of checking your account regularly to stay on top of notices from the TWC. The TWC offers instructions on how to:

    If you dont have access to the internet or need to talk to someone, you can try calling 800-939-6631, the TWCs main line for unemployment claims. But be prepared to wait anywhere from a few minutes to several hours. Jacobs recommends calling your local workforce office first and asking to be put into the hold queue for unemployment benefits if the call taker cant help you. Some Texans, like Ozona resident Sean Sanchez, 52, have had luck in recent months calling TWCs main line first thing in the morning. Start calling at 7 a.m. on the dot, Sanchez advised.

    Request a call through the live chat function on the TWC website. At the bottom of the homepage, a virtual assistant can help answer common questions about TWC services. Check back in if you dont receive a call within a couple of days. Some people say they never heard back. NOTE: If you request a call, the TWC may try to get in touch with you from a number you dont recognize or that appears on your phone as unknown. The agency also recommends making sure your voicemail inbox is not full.

    Recommended Reading: How Do I Change My Address For Unemployment Online

    Commission Appeal: If You Disagree With The Appeal Tribunal Decision

    If you participated in the Appeal hearing and disagree with the decision, your appeal will be to the Commission.

    A reviewing attorney in Commission Appeals will review the tape-recording of your hearing. The attorney will also review all other evidence accepted at your first appeal hearing. The reviewing attorney will make a recommendation to the Commission regarding the decision in the case.

    The Commissioners will review the recommendation separately and will decide whether or not to follow it. Then the Commission will vote on the case and issue a written decision. They may order an additional hearing to gather more evidence, but they usually do not.

    We will mail you the decision from the Commission.

    If you disagree with the Commission decision, you have two options: a Motion for Rehearing, or an appeal to a civil court.

    How To Appeal A Determination

    How To Win Unemployment Appeal In Texas

    These instructions are for the first step in the appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.

    You must appeal in writing within 14 calendar days from the date that we mail you the Determination Notice. The date mailed is located on the top of the Determination Notice form, and the last day you can file an appeal is at the bottom of the form. If the fourteenth day falls on a federal or state holiday, you have until the next business day to file your appeal.

    You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department. The mailing address and fax number are shown on your Determination Notice and listed below. You cannot submit an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

    Your letter or appeal form should include:

    • Your name

    Recommended Reading: What Day Does Unemployment Get Deposited In Nc

    Contact Me For Your Unemployment Benefits Appeal

    If you have been denied unemployment benefits or if your employer has appealed your unemployment benefits claims, contact me your Houston employment lawyer. I regularly represent clients in unemployment matters and have represented clients allthe way through the process from the initial telephone hearing, to written appeals, and all the way to District Court.

    What Other Resources Can Help Me Through This Process

    Here are other places Texans have gone to get their questions answered throughout the process of applying for assistance during the pandemic:

    • Texas RioGrande Legal Aid provides free civil legal services to low-income Texans, including legal assistance navigating unemployment claims. The organization can be reached at 888-988-9996.
    • Online communities. Texans have created social networks to support and help one another. One private Facebook group called Texas Unemployment Updates includes more than 24,000 members. The TWC warns to be aware of possible scammers that could be lurking in these online communities.

    You May Like: Are Unemployment Benefits Delayed On Holidays 2020

    What Will Happen At The Hearing

    The judge typically will ask you questions, which you should answer. If there is anything that you believe is important that the judge leaves out, you should respectfully ask for the opportunity to testify about it. After you testify, you will have the opportunity to ask questions of the other side and ultimately to make a closing statement of why you should receive unemployment benefits.

    What You Should Know About The Unemployment Appeal Process

    TWC unemployment hearing procedure
    Contents

    If you apply for Unemployment Compensation Benefits and are denied, you should read and consider the following information very carefully.

    Unemployment Compensation is a benefit available for people not working through no fault of their own.

    You must meet two general eligibility requirements to be eligible for unemployment compensation.

  • You must be financially eligible by having earned enough wagesAND;
  • The reason you are not working now must be through no fault of your own
  • You will receive a notice from the Office of Employment Security as to whether you meet each of these requirements.

    If you are denied unemployment compensation, it is best to consult an attorney immediately since the time limits in unemployment compensation cases are short.

    Read all the information you are given or have someone read it to you. Make sure you read the front and back of every form. If you have any questions, ask someone at the Office of Employment Security for help and be sure to get the name of the person to whom you talk.

    Keep your reason for appeal very simple. You will be limited by the reasons you list, and you cannot bring up issues you have not listed. Therefore, it is best to simply state that you “disagree with the decision.”

    If you get more than one decision, you must appeal each decision separately. If you are found eligible for unemployment compensation, your employer may appeal.

    Read Also: Bankofamerica/kdoldebitcard

    What Is An Unemployment Hearing

    Employers and former employees have the right to appeal any decision that affects unemployment benefits. An unemployment hearing is conducted when an employer contests a former employees right to unemployment benefits. Every state has its own rules for filing an appeal. Once employers decide to appeal, it is very important to do so timely. State time limits typically range from 10 to 30 days from the mailing date of the agencys decision notice. The notice employers receive usually explains how to appeal the decision and may even include an appeal form. Once an appeal is filed, it is sent to the unemployment benefits departments appeals division.

    Unemployment hearings are not as formal as court hearings. Their purpose is to allow the parties to present testimony and evidence that will enable the hearing officer to make an impartial decision. Employers need to check a hearing notice for the rules regarding evidence and how they have to be submitted, including whether previously submitted evidence must be submitted again and be provided to a former employee before the hearing. The hearing is also the final opportunity for employers to submit any new evidence or testimonies.

    Continuing Payment Requests During The Appeal Process

    You are responsible for meeting all of your unemployment benefits requirements during the entire appeal process.

    It is very important that you continue submitting your payment requests on schedule. We can pay you only for the weeks in which you submitted timely payment requests and met all the other requirements. Continue submitting payment requests until you return to work full-time.

    Also Check: Www Tn Gov Workforce Howtofileui

    More articles

    Popular Articles