Texas Appeals Process – What Happens When you’re Denied Benefits?

  Last Verified: January 2017  

If you’re ever in a situation where you disagree with the ruling of the Texas Workforce Commission, you have the ability to petition for an appeal. You have 14 days from the date the TWC mailed the decision, not the date you received it, to file your appeal.

You may file your appeal online, fax or mail your appeal letter to the TWC appeals office. If you have any questions in regards to appeals email appeals@twc.state.tx.us.

  • Fax number: (512) 475-1135
  • Address:

AT Appeals Department
Texas Workforce Commission
101 E. 15th Street, Room 410
Austin, Texas 78778

Your written appeal should include the following:

  • Your name
  • Your Social Security Number
  • Your current address
  • The date TWC mailed you the Determination Notice
  • A copy of the Determination Notice, if possible
  • Any dates on which you will not be able to participate in a hearing

You may also use the appeals form found at the TWC site.

Within approximately ten days, the Appeals Department will mail you a Notice of Telephone Hearing. This will give you the date and time of the hearing and will include important information it would benefit you to read.

The telephone hearings are in front of a Hearing Officer. Your former employer will have the right to participate in the hearing and present relevant testimony.

Preparing for the Hearing

Representation

You have the right to representation at the hearing. You may hire an attorney or ask a friend. Many represent themselves in the hearings with little difficulty.

Evidence

You have the right to present any relevant evidence that will help you prove your case. It has to be relevant to the issue to be adjudicated and allowed by law. For example, you can bring medical evidence if signed by a physician. You cannot bring a note from your section boss saying you were sick (unless your section boss agrees to testify at the hearing).

As the hearings are over the phone, the Hearing Officer and the opposing party must have the opportunity to view the evidence prior to the hearing. Submit a copy to the Appeals Division and your former employer (if applicable).

Witnesses

You have the right to have witnesses testifying on your behalf at the hearing. It is your responsibility to make them available for the hearing, and to give them the appropriate information they need. You may request a subpoena in advance. The subpoena will compel the witness to participate. Only the Hearing Officer can issue the subpoena, and will decide whether one is necessary.

You can help your witnesses by asking them to read this section on witnesses.

Other issues

If you need translation assistance, help for the hearing impaired, or to reschedule, call the Appeals Department as soon as possible. Any delay may prevent the Department from giving you the appropriate assistance.

If you want to reschedule, you must have a compelling reason. Present your problem to the Hearing Officer, who will decide whether you may reschedule.

At the Hearing

Provide a call-back number to the Department within 30 minutes of the hearing’s start time. Make sure your witnesses will be available.

The Hearing Officer will conduct the hearing like a less formal version of a trial. The Hearing Officer will call both parties (and witnesses if necessary).

You will testify under oath. You will have the opportunity to present your evidence and testimony. The opposing party will be able to ask you questions about what you’ve said till that point (“cross examination”). When you are finished, the opposing party will present their evidence.

The Hearing Officer will decide the outcome after the hearing has finished. The Department will mail the decision to you.

If you’re not satisfied with the Appeals Tribunal, you may appeal to the Texas Workforce Commission. you may file an appeal with the TWC within 14 days of receiving the Hearing Officer’s decision. That decision will provide instructions on how to file that appeal.

Resources

Texas Workforce Commission

Website: http://www.twc.state.tx.us/

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