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Understanding Your Appeal Rights

Understanding Your Appeal Rights
Jun 14, 2020 · 3m 31s

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...

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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 at www.texasworkforce.org/uiappeal.
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Information
Author Kyle Souza
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