What Happens When an Appeal Is Filed?

When an appeal is received from either the employer or the claimant, the Appeal Tribunal schedules a hearing and notifies all interested parties of the time and place of the hearing. Testimony given in an appeal hearing is recorded and is under oath.

IMPORTANT: The Commission provides access to telephones, speakerphones and fax machines for individuals involved in appeal hearings. If a party does not have a private phone, needs a fax machine to send information or needs a speakerphone to present witnesses' testimony, the Commission will provide one. The Commission has staff available to assist anyone who may need help in operating the equipment. We try to provide hearing participants as much privacy as possible. When the claimant or employer receives the hearing notice and if either party needs access to any equipment but did not request an accommodation in the appeal, they can do the following:

• Contact the TWC Tele-Center handling your claim:
• Explain they are scheduled for an appeal hearing
• Give the specific time and date of the hearing
• Indicate the specific accommodation needed

The employer and the claimant should present to the appeals hearing officer evidence which they believe will support their contentions. This would include any documents, affidavits, or witnesses who have first hand information concerning the issue involved. Either party may be represented by legal counsel.

IMPORTANT: If either the claimant or the employer is using written materials as evidence, they must mail the materials to the hearing officer and the other party so everyone has copies before the hearing begins. The Commission mails copies of the information we have to all hearing participants. We mail this information along with the hearing notice. The packet includes the following: the date we notified the last employer an individual applied for unemployment benefits, if relevant to the appeal, any protests to a claim, any information TWC received in response to a claim, any fact-finding statements taken during our investigation, and the appeal itself (either a letter or appeal form).

The appeals hearing officer considers the record and testimony and renders a written decision. The decision includes the statement of the facts in issue, the applicable law, and the basis for the referee's decision. Copies of the decision are mailed to all interested parties. Further appeal may be made to the Commission within the 14 days after the mailing of the Appeal Tribunal decision.

When an appeal is received by the Commission, and the Commission has rendered a decision, a request for reconsideration may be made to the Commission within 14 days after the date of the Commission's decision. If a request for reconsideration is not made to the Commission, appeal may be made to any court of competent jurisdiction in the county of the claimant's residence after the fourteenth day following the date of the Commission's decision and must be made before the end of the 28th day.

What Are Extended Benefits?

Extended Benefits (EB) are additional payments of unemployment benefits equal to 50 - 80 percent of regular benefits. TWC may pay EB to a claimant during a period of high unemployment, known as the "extended benefit period"; after the claimant exhausts all regular unemployment benefits. TWC pays extended benefits when the rate of insured unemployment during a specific period reaches the prescribed rate.

Texas is currently in a high extended benefits period and is paying EB at the rate of 20 weeks of benefits or 80 percent of regular benefits, whichever is less.

How Are Extended Benefits Financed?

Fifty percent of Extended Benefits (EB) paid is financed by the Federal government. The other 50% is financed in the same manner as regular benefits. Governmental employers must pay 100% of any extended benefits paid to their former employees.

With certain exceptions, the permanent EB law provides that one-half of benefit costs will be paid by the federal government. However, the Assistance for Unemployed Workers and Struggling Families Act (Public Law No. 111-5) amended the EB law to provide that the Federal government will pay 100 percent of EB cost for weeks of unemployment beginning after February 17, 2009. As a result, the federal government will, for most employers, pay 100 percent of the benefit costs of EB for a specific period.

Who Is a Subject Employer?

An employing unit is a subject employer, and its workers are covered under the program, if in the current or preceding calendar year.

1. It paid as much as $1,500 in wages in any calendar quarter or had in employment at least one individual for some portion of the day in each of 20 different days, each day being in a different calendar week. (There are some exceptions. See Are All Employees Covered By This Program? for the list of excluded services.)
2. Any individual or employing unit that acquires or otherwise receives, through any means, all or part of the organization, trade, or workforce of another that was an employer subject to this Act at the time of the acquisition.
3. It is a nonprofit organization as described in Section 501(c)(3) of the Federal Internal Revenue code which is exempt from income tax under Section 501(a) of such code and had as many as four or more individuals in employment for some portion of 20 days, each day being in a different calendar week. (Churches and organizations operated primarily for religious purposes are excluded.)
4. It elected to become a subject employer.
5. It is subject to the Federal Unemployment Tax Act and had any employees in Texas, or is required by the Federal Unemployment Tax Act to be covered by the state.
6. It is a political subdivision of a State or an instrumentality of a political subdivision which is wholly owned by one or more political subdivisions.
7. It paid wages in cash of $1,000 or more in a calendar quarter for domestic service.
8. Farm or ranch labor is considered to be covered employment if performed by a seasonal worker employed on a truck farm, orchard or vineyard. Other farm or ranch employment is covered if the employing unit employs three (3) or more workers in 20 weeks or pays cash wages of $6,250 or more in a calendar quarter. Migrant workers on a farm or ranch are covered immediately and seasonal workers will be covered immediately if work is performed at the same time and at the same location with migrant workers.

The State of Texas is a subject employer, and all services performed in the employ of the State of Texas or of any branch or department or instrumentality thereof are covered employment.

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