Appealing a TWC Unemployment Benefits Decision
When employers with appeal rights or claimants disagree with an unemployment benefits decision, they may appeal the decision using the TWC appeals procedures described on this page.
What is an appeal?
An appeal is a written disagreement with a TWC decision.
What are the three levels of appeals?
The three levels of appeals are:
- Appeal to the Appeal Tribunal
- Appeal to the Commission
- Motion for Rehearing or Appeal to a Civil Court
1. Appeal to the Appeal Tribunal (AT)
The first step in the appeals process is an appeal to the Appeal Tribunal (AT). You may appeal the decision by mailing or faxing a letter to the TWC Appeals Department at the address or fax number on the decision form, or by submitting the form at any Texas Workforce Solutions office. Skip to How do I file an Appeal?
The first appeal is a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. During the AT hearing, the hearing officer will determine what is relevant and makes sure that the record is complete. After the hearing, the hearing officer will mail a decision to the interested parties. E-mail questions to appeals@twc.state.tx.us. Note: An appeal cannot be filed by e-mail.
For tips on preparing your documents, asking questions during the hearing, witness etiquette, a sample recorded hearing, and other helpful information, visit:
| Employer Appeals Preparation |
2. Appeal to the Commission (CA)
If you disagree with the results of the AT, you may appeal to the Commission within 14 days of the date TWC mailed you the AT decision by mailing or faxing a letter to the TWC Appeals Department at the address or fax number on the decision form. The Commission will rule on your case after reviewing the AT decision and listening to the recorded hearing. E-mail questions to comapp@twc.state.tx.us.
3. Motion for Rehearing (MR); or Appeal to a Civil Court
If you disagree with the CA decision, you may request a Motion for Rehearing (MR) by the Commission no later than 14 days from the date TWC mailed you the CA decision by mailing or faxing a letter to the TWC Appeals Department at the address or fax number on the decision form. TWC will grant the MR only if you can present ALL of the following:
- Important new information about your case;
- The reason(s) why you did not present this information earlier; and
- The reason(s) why you think this information could change the decision.
You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the CA decision. You must complete all of the appeal steps available through TWC (except the optional Motion for Rehearing) before appealing to a civil court.
How do I file an appeal and where do I send it?
To appeal to the Appeal Tribunal, mail or fax a signed letter to the AT Appeals Department.
| Mail: AT Appeals Department Texas Workforce Commission 101 E. 15th Street, Room 410 Austin, Texas 78778 |
Fax: (512) 475-1135 |
Deliver in person to any Texas Workforce Solutions office |
To file a CA appeal or Motion for Rehearing, mail or fax a signed letter to the CA Appeals Department.
| Mail: CA Appeals Department Texas Workforce Commission 101 E. 15th Street, Room 678 Austin, Texas 78778 |
Fax: (512) 475-2044 |
Deliver in person to any Texas Workforce Solutions office |
Your appeal is timely if we receive it by the deadline date. TWC does not accept appeals by telephone or e-mail.
Your appeal should have:
- Your name and Social Security number (SSN);
- Your current address;
- The date TWC mailed you the decision;
- Your signature; and
- A copy of the decision letter, if possible.
Include any special requests in the appeal letter, such as:
- any date(s) you will not be available for a hearing;
- access to telephones, speakerphones, fax machines or other equipment, if needed; and
- an interpreter for you or your witnesses, if needed (specify language).
If you do not have access to a fax machine, you may use a fax machine free of charge at any Texas Workforce Solutions office or a public workforce office in another state. Keep your fax confirmation sheet as proof of transmission.
The AT process is designed for claimants and employers who do not have attorneys. However, you may arrange for an attorney or other person to represent you at your arrangement and expense.
What are the filing deadlines?
Appeals must be postmarked or received no later than 14 days from the date TWC mailed you the decision form, except for an appeal to a civil court, which must be made between 15 and 28 days from the mail date of the Commission Appeal (CA) decision.
| If mailed | The postmark date of your appeal must be on or before the date printed at the bottom of the decision form. |
| If faxed or delivered | TWC uses the time/date we receive your appeal rather than the time/date printed on the fax confirmation. Keep your fax confirmation sheet as proof of transmission. |
| Extensions | If the deadline falls on a Texas state or federal holiday, we will extend it one business day. |
| Filing Date of Appeal | The official filing date of your appeal is the date TWC receives it. |
IMPORTANT: You must file your appeal on time. If you mail, fax, or deliver your appeal after the deadline, the AT hearing officer will ask for an explanation of why you filed a late appeal. The hearing officer will rule first on whether you had good cause to file the appeal after the deadline. If the hearing officer agrees you had good cause for filing late, he or she will then consider the merits of your case. If you disagree with the AT decision, you may appeal that decision to the Commission Appeals level.
See Timeliness rule for details.
Should I continue to request payments while my appeal is pending?
Yes. Continue to request payments every two weeks while your appeal is pending unless you return to full-time work. TWC can pay benefits only for the weeks you requested payment and met all other requirements, even if the decision was in your favor.
When will I be notified of the Appeal Tribunal hearing?
It may take six to eight weeks to receive a hearing information packet with information about your appeal.
Five to ten days before your hearing, you will receive a hearing information packet including:
- the Notice of Telephone Hearing, which includes the date and time of hearing, the telephone number to call for the hearing, and the name and contact information of the hearing officer assigned to the hearing;
- instructions on how to participate in the hearing;
- instructions on how to submit any additional documents. You should mail or fax copies of those documents to the other party in your appeal (the claimant or the employer) and TWC as soon as possible;
- the information TWC received in response to your claim;
- all fact-finding statements TWC gathered while investigating the issue(s) on appeal;
- any protests to your claim;
- the claim issues up for discussion.
How can I check the status of my appeal?
You can find the status of your appeal request online.
To check the status of your appeal log in to Unemployment Benefit Services, and under the Quick Links menu, click one of the following options:
- Appeal List. Displays a chart listing your most recent appeals by date. Click "View" under the action to display details about the appeal you want to view. The "Appeals Status" will display.
- Appeal Status. Displays information about the selected appeal. This page also provides additional Quick Links for Appeal Participants and Decision Summary.
- Appeal Participants. Displays the parties involved in the selected appeal.
- Decision Summary. Displays a brief recap of the selected case, including the original determination(s) and ruling(s) made by the Appeals or Commission Appeals departments. Includes an Activity Log of actions taken on the appeal, if available.
You can print the appeal status pages, return to the appeal pages menu, return to the main menu to select another function, or log off.
What if I have a new address?
TWC will mail the hearing information packet and appeal decision to the address in our records. To confirm or change your address:
- Log in to Unemployment Benefit Services, select Contact Information under the Change My Profile menu and follow the instructions to update your mailing address; or
- Call the nearest Tele-Center.
How do I prepare for the Appeal Tribunal hearing?
If you have additional written materials you want to present as evidence, you must mail the materials to your hearing officer and the other party (the claimant or employer) so everyone has copies before the hearing begins. TWC mails copies of the claim file to all hearing participants. As soon as you receive your Notice of Telephone Hearing, mail or fax any documents you want reviewed during the hearing.
For detailed information, tips on preparing for the hearing, and a tutorial to walk you through the process, go to:
| Employer Appeals Preparation |
For general questions, you may:
- call the hearing officer listed on the Notice of Telephone Hearing; or
- e-mail appeals@twc.state.tx.us.
Note: Your TWC hearing officer cannot answer specific questions about your case before the hearing but can answer questions about hearing procedure.
What happens at the Appeal Tribunal hearing?
PREPARING FOR THE CALL
- Allow enough time for the hearing. Hearings may take up to four hours depending on the complexity of the case.
- If you call from a cell phone, make sure the signal is strong enough to hear and be heard, and that the battery will last for the entire hearing.
- If you have no telephone, you may use a telephone at any Texas Workforce Solutions office.
MAKING THE CALL
- Thirty minutes before the hearing, call the toll-free number on your Notice of Telephone Hearing. If the line is busy, keep calling until your call is answered. If you do not call before the hearing is scheduled to begin, you may be excluded from the hearing.
- When you call, leave your name and telephone number so the hearing officer can call you back and establish the conference call.
- The hearing officer will ask for the telephone numbers of your witnesses and representative(s), if any.
Note: You may talk to the hearing officer about the specifics of your case only when both sides can participate. - When all participants are connected to the conference call, the hearing officer will:
- explain the relevant law and procedures;
- ask questions of each side and witnesses; and
- allow each side a chance to ask questions.
IMPORTANT: Make every effort to take part in your appeal hearing. The hearing officer makes the decision on your claim based entirely on the evidence presented at the hearing.
What if I did not attend the Appeal Tribunal hearing?
If you have appeal rights but you did not participate in your hearing and disagree with the decision, you may appeal the decision and request to reopen your case at the AT level. In your appeal you should explain why you could not attend the hearing. You may be granted a new hearing if you establish good cause for missing the prior hearing. You must file your appeal no later than 14 days from the date TWC mailed you the Appeal Tribunal decision. Mail your petition to the appeal address above.
What happens after the Appeal Tribunal hearing?
After the hearing is finished, the hearing officer prepares a written decision based on the evidence provided at the hearing. The hearing officer rules on the case according to the mandates of the Texas Unemployment Compensation Act and TWC policy and precedents. TWC will notify you of the AT decision by mail, so make sure we have your current address. The decision will include information about your further appeal rights. If you disagree with the decision, you may submit an Appeal to the Commission.