TWC Unemployment Benefits Handbook

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Request payment every two weeks while your appeal is
pending unless you return to full-time work.

■ Learn how to prepare for or
submit documents for your
hearing.
■ View your Appeal Status.
■ Learn how and when to call
in for your hearing.
If you don’t have Internet
access, you may use the
computers at any Texas
Workforce Solutions office.

If TWC sends a letter stating we cannot pay
benefits, you may appeal that decision by:
■ Submitting an online appeal form at
www.texasworkforce.org/uiappeal
■ Mailing or faxing a signed letter to the
Appeals Department at the address or fax
number on the letter
■ Submitting an appeal in person at your
nearest Workforce Solutions Office.
For your appeal to be timely, you must file your
appeal within 14 calendar days from the date TWC
mails the letter. The deadline is on the letter.
If you complete and submit an appeal online, TWC
must receive it no later than 11:59 p.m. on the
deadline date.
If you mail your appeal, it must be postmarked on
or before the deadline.
If you fax your appeal, TWC must receive the fax no
later than 11:59 p.m. on the deadline date. You may
use the fax machines free of charge at a Workforce
Solutions office in Texas or workforce office in
another state. Ask for and keep your confirmation
page as proof of transmission.
Your appeal should include:
■ your name and Social Security number
■ your current address
■ the date TWC mailed you the decision
■ a copy of the notice, if possible
■ any dates you are not able to participate in a hearing
■ the reason you are appealing the decision
You or your employer can appeal any decision on your claim. The first level of the
appeal process is a telephone hearing with the Appeal Tribunal. Your employer may
participate in your hearing.

We will mail you a hearing notice packet with the date and time of your hearing and
instructions on submitting additional documents you may wish to present. When
submitting documents, you should mail or fax copies to your employer and TWC as soon
as possible. It may take six to eight weeks to receive the hearing packet. You must
receive the hearing notice packet to participate in the appeal and should have it
available during your appeal.
Take part in the hearing. The hearing officer makes a decision based entirely on
evidence given at the hearing. If you cannot participate, call the hearing officer at the
number listed on the hearing notice or register online before the scheduled hearing
date.
You may request accommodations. If you or any of your witnesses do not speak
English, write on your appeal that you need an interpreter and for what languages. If
you or your witnesses need special services, such as for hearing-impaired participants,
request those as well.
Read the Appeal Tribunal decision. If you disagree with the decision, you may appeal to
the three-member Commission within 14 calendar days of the mail date on the decision.
The Commission decides your case after reviewing the Appeal Tribunal decision and
listening to the recorded hearing.
If you disagree with the Commission Appeals decision, you may file a Motion for
Rehearing within 14 calendar days of the mail date on the decision. The Commission
may grant the motion if you can show all of the following:
■ important new information
■ why you think the information could change the decision
■ a compelling reason why you didn’t present the information earlier
You may appeal to a civil court between 15 and 28 days after the date TWC mailed the
Commission Appeal decision. Before appealing to a civil court, you must complete all of
the appeals through TWC, except the Motion for Rehearing.
IMPORTANT! If you submit an appeal after the deadline, you must explain in detail why
you filed the appeal late. If TWC decides not to hear the case because your appeal was
late, we will mail you a letter explaining the decision. You can also appeal that decision.
You can appeal online...

Find more information at www.texasworkforce.org/unemploymentbenefits.
Foreign Trade
If you lost your job because of issues related to
foreign competition, you may be eligible for Trade
Adjustment Assistance (TAA), which includes job
retraining, job search and relocation aid, and weekly
Trade Readjustment Allowance (TRA) benefits.
Trade-affected workers age 50 or older may be
eligible for a wage subsidy program.
Working in Other States
If you worked in more than one state during your base period, you can combine all of
your wage credits into a single claim administered by one “paying state.” The paying
state uses your wage credits from the other states to calculate your benefits. You may
apply for benefits in only one state where you worked. Register for work search with the
nearest public workforce office in the state you are located.
Military Wages
You can use military wages to qualify for benefits if you left the service honorably and
completed your first full term of service. If you did not complete your first full term, you
must have separated early due to an exception specified by Congress. Reservists and
National Guard members may be eligible if they served at least 180 days continuous
active service and received a Form DD-214, Report of Separation, when separated. If we
are unable to use your military wages, you can appeal to your branch of service with a
Form DD-149, Request for Correction of Military Records.
Pensions
We reduce your weekly benefit amounts by any pensions, retirement pay, annuities, or
other payments you receive from an employer that paid you wages in the base period.
We do not deduct Social Security or Railroad Retirement income.
Additional Payment
You may be eligible if you signed a legal release for an additional payment. You may not
receive benefits for the weeks you received an additional payment, such as severance
pay or wages instead of notice of layoff. However, you should apply for benefits. You
get no money during this period, but you will have served your waiting week.

School Employees
If you worked for a school, we cannot use your
school wages to calculate your benefits if you have
reasonable assurance of going back to work after a
break in the academic year. If you lost your job for
a qualifying reason or do not have reasonable
assurance of returning to work, we may be able to
pay you benefits.
Workers’ Compensation/Disability
If you receive Workers’ Compensation, you may not be eligible for unemployment
benefits. TWC makes that decision based on the type of disability payment you receive.
■ If you receive Impairment Income Benefits, you may receive unemployment
benefits. If you receive some kinds of Temporary Income Benefits, Supplement
Income Benefits, or Lifetime Income Benefits, TWC cannot pay you
unemployment benefits.
■ If you have a permanent disability and receive Social Security Disability
Insurance (SSDI), you may be eligible for benefits even if you can only work part
time.
Federal Employees
If you are a former federal employee, TWC requests your wage information from your
federal employer. To ensure prompt benefit payment, TWC asks you to estimate your
base period wages and provide a Standard Form SF-50, Notice of Personnel Action, or a
W-2 or pay stub as proof of employment.
Labor Disputes (Strikes)
If you stopped working because of a labor dispute, you cannot collect benefits during
the dispute. This does not apply to a “lock-out.” A disqualification continues until you no
longer have any part in the labor dispute. It does not matter whether you are a union
member. It is generally not possible to...

Protecting Your Privacy
Your claim is confidential. However, we share some information with
government agencies and contractors that administer and enforce
laws, including verifying eligibility for public assistance, supporting law
enforcement, and other purposes permitted by law.
We disclose information to entities that manage Social Security,
Medicaid, nutrition assistance, child support, and other programs.
We mail a notice of your claim to your last employer and may communicate with other
former employers.
If we pay you by debit card, we share information with U.S. Bank. U.S. Bank and
government agencies must agree to comply with confidentiality laws.
The information also may be used for statistical analysis, research, and evaluation.

Repaying Overpayments
You must repay any overpayments before we can
pay you benefits. TWC sends a letter explaining why
you owe us money.
If you are filing for benefits and are eligible, we apply
each weekly payment toward reducing your overpayment.
If you were overpaid benefits in another state and are
eligible in Texas, we send your benefits to the other state
until the overpayment is paid. If you are eligible in anothe
state, we ask that state to recover the money for us.
If you are not filing for benefits and are unable to
repay the entire amount, call 512-936-3338 or
e-mail [email protected] about
setting up a repayment plan.
If your overpayment is past due, TWC may intercept all or some of your IRS refund to
repay the overpayment.
Learn more about Overpayment of Unemployment Benefits on
texasworkforce.org/unemploymentbenefits.
Overpayments stay
on your record until
repaid. We cannot
pay you benefits if
you owe us money.

Staying Eligible for Benefits
To remain eligible, you must request payment as scheduled; respond when contacted;
be able, available, and actively seeking full-time work; and meet your work search
requirements and keep good records of your work search activities.
You are no longer eligible when your benefits run out or you return to full-time work.
Be aware of these additional requirements:
■ Special Reemployment Activities
TWC requires you to participate in special reemployment activities if you are
likely to run out of benefits before you find work. If selected, your Workforce
Solutions office sends a letter, and you must participate as instructed.
■ Keep a Work Search Log
K eep a detailed work search log because we may request copies to verify your
activities at any time during your benefit year. We enclosed a sample log with this
handbook. Get more copies at ui.texasworkforce.org or make your own, provided it
contains the same details that are on our log. Review the Unemployment Benefits
Work Search Guidelines we sent or find them on www.texasworkforce.org/
unemploymentbenefits. Your unemployment claim may be audited at any time
so keep your work search records for at least one year after filing your claim.
■ Accept Suitable Work
TWC cannot pay benefits if you refuse to apply for or accept suitable work
without good cause. We determine suitable work by reviewing:
− your experience, qualifications, and training
− working conditions and pay for similar work in your area
− risks to your health, safety, or morals
− distance to work from your home and local commuting patterns
− how long you have been unemployed
− whether you have considered jobs that pay 75 percent of your normal
wage by the eighth week of unemployment

Receiving Correspondence
You can choose how TWC sends unemployment benefits documents to you. You
will receive all documents and notices by U.S. mail unless you sign up to receive
correspondence electronically on ui.texasworkforce.org.
■ If you choose electronic correspondence, an e-mail will notify you when new
correspondence is posted. You must then log in to ui.texasworkforce.org to
view your correspondence.
■ Some documents require a response.
■ If you do not respond on time, you might not receive benefits.
■ You must keep your U.S. mail or e-mail address current. Update your address at
ui.texasworkforce.org. Select Contact Information, or call a Tele-Center at
800-939-6631. If you move out of state, you must register for work at a public
workforce office in that state, unless you commute to work to Texas from a
border state.

Paying Taxes on Your Benefits
Your benefits are income you must report to the Internal Revenue Service (IRS). We will
withhold 10 percent of your benefits for taxes if you complete and return the Voluntary
Withholding form. TWC sends you and the IRS a Form 1099-G in January with the
benefits amount paid in the previous calendar year. You can find that amount on Tele-Serv or ui.texasworkforce.org.