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If you did not participate in the Appeal hearing and disagree with the decision, you can submit a request to reopen your case at the Appeal Tribunal level. However, you must show that you had a good reason for missing the prior hearing.
Within two to three weeks after submitting an appeal, you can go online to view the status of any appeal in which you are involved. You will need to have or create a login for the Unemployment Benefits Services site.
Once logged in, under the “Quick Links” on the left of every page you will see a link for “Appeal List.” This will include information on any active appeal you are involved in, as well as appeals within the past two years.
Here you can find relevant information such as the appeal file date, the level of your appeal, and its current status. The “View” link will display full status information for each appeal in which you are involved.
After the hearing is complete, the Hearing Officer will mail you a written decision, usually within five to ten working days.
If the decision is not in your favor and results in an overpayment of benefits, you will be required to repay those benefits to TWC.
You can request a copy of the CD recording of your hearing. Your written request must include identifying information: your name, appeal number, the last four digits of your Social Security number, and your telephone number.
Mail or fax your request in writing to the TWC Appeals Department:
It usually takes one to two weeks for you to receive your copy. The first copy is free; there is a nominal charge for any additional copies. Only parties to the appeal can request a copy of the recording.
This section discusses the process of additional levels of appeal. For instructions on how to appeal, see How to Appeal a 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.
You may request a rehearing within 14 calendar days after the date we mailed you the decision. TWC will grant the Motion for Rehearing only if you can show these three things:
You may appeal to a civil court between 15 and 28 calendar days after the date TWC mailed you the decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court.
If you ask for a rehearing and the Commission denies it, you can still appeal that decision to a civil court.
If you win your Commission Appeal and the losing party (in other words, the employer) 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.
Last Verified: March 21, 2013
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