What to Know Before Filing an Unemployment Denial Appeal in Texas
Unemployment insurance applicants who have had their unemployment benefits denied in Texas can submit the written request for reconsideration of their UI claim in one of these ways:
• By Mail
• By Fax
• In Person
However, prior to filing their TX unemployment denial appeal, UI claimants must adequately prepare to present their denied unemployment benefits case.
First, UI petitioners must examine the reasons that lead to denied unemployment benefits in Texas, as the success of their request for reassessment depends on whether or not there is cause to appeal. In general, TX workers will be denied unemployment payments if they:
• Lost their employment as a result of misconduct, such as violation of company policy, abuse of their position or failure to perform their job tasks.
• Have not earned enough wages in the 15 months leading to their job termination.
• Do not meet the ongoing eligibility requirements, such as registering for work and claiming their benefits on a regular basis.
Then, UI applicants must promptly collect the necessary evidentiary documents and witnesses that support their case, since they have a limited timeframe to submit their unemployment denial appeal in Texas. Note that the hearing officer must receive the list of the evidence documents and the witnesses prior to the date of the hearing. Finally, former employees who are undergoing the appeal process must remember to request UI benefits on a bi-weekly basis in order to receive all due unemployment payments if their appeal is successful.
Note: Former Texas employees who do not speak good English, or have a hearing impairment, must inform the
TWC as soon as possible in order to be accommodated during the hearing.
Submitting a Texas Unemployment Denial Appeal with the Appeal Tribunal
The first step in the Texas unemployment denial appeal process is to request a telephone hearing with the TWC Appeal Tribunal. Regardless of method used to submit the request for reconsideration, dismissed workers who were denied unemployment benefits in TX must provide the following:
• Their full name, mailing address and phone number
• Their Social Security Number
• A copy of the TWC determination notice
• A valid reason for submitting the appeal
• Their accommodation requests (if necessary)
Then, unemployment insurance applicants will receive the TWC hearing information packet within six to eight weeks of submitting the TX unemployment denial appeal. The packet includes all information relevant to their case, along with procedural instructions about the appeal procedure and the date and time of the hearing.
During the hearing, the presiding TWC judge will obtain the testimonies of all interested parties and admit the relevant documents into evidence. UI claimants will be informed of the hearing officer's decision within five to 10 days after the conclusion of the audit. If the determination is not in the favor of the former worker, the written notice will also contain instructions about the TWC's next-level appeal options.
Appealing Denied Unemployment Benefits in Texas With the Commission Appeals
Unemployment petitioners who still have their unemployment compensation benefits denied in TX after receiving a decision regarding their initial appeal can file a second-level plea with the TWC Commission Appeals. After receiving the UI claimant's unemployment denial appeal, the TWC will assign a reviewing attorney to analyze the submitted evidence documents and a recording of the telephone hearing. The attorney will then submit a recommendation to the appeals board regarding the initial Appeal Tribunal decision. The commission will take into consideration the attorney's recommendation before issuing a written determination regarding the UI applicant's case.
Other Texas Unemployment Denial Appeal Options
Texas workers with denied unemployment benefits who have not obtained a favorable decision at the first two levels of appeals can either submit a motion for rehearing or file an appeal with a TX civil court. Your rehearing motion will be granted only if you are able to provide the TWC with new information that affect the outcome of your unemployment denial appeal in Texas. Finally, UI applicants who have exhausted all possible appeal options can file a civil court suit as a last available recourse.
Note that regardless of the level at which you are appealing, you must submit your unemployment denial appeal in Texas within 14 days of receiving a decision regarding your denied unemployment benefits.