Unemployment Benefits Appeals
Yes, you can appeal the decision. The appeal process is structured so that you do not need an attorney. You may choose to have an attorney or other person represent you at your own expense.
An appeal is your written notice that you disagree with a TWC decision and want your case decided through the appeal process.
State law gives TWC sole authority in disputed unemployment benefits claims; no other state agency or official can affect the outcome of an appeal. To participate in an appeal you must meet submission deadlines. For information on deadlines, see How to Appeal a Decision from twc.state.tx.us.
There are three levels of appeals. You start with the first level, and if you disagree with that decision, you may proceed through the other levels.
Appeal to the Appeal TribunalThe first step in the appeals process is an appeal to the Appeal Tribunal. The Appeal Tribunal is the name the Texas Unemployment Compensation Act (TUCA) gives to Hearing Officers who hold unemployment insurance hearings. Each appeal case has only one Hearing Officer.
The first appeal is a telephone hearing. The claimant and employer may present testimony, witnesses, and documents relevant to its case. During the Appeal Tribunal 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.
Appeal to the CommissionIf you disagree with the results of the Appeal Tribunal, you may appeal to the Commission. The Commission will rule on your case after reviewing the Appeal Tribunal decision and listening to the recorded hearing.
Motion for Rehearing or Appeal to a Civil Court
If you disagree with the Commission decision, you may request a Motion for Rehearing by the Commission. TWC will grant the Motion for Rehearing 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
-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 Commission Appeal decision. You must complete all of the appeal steps available through TWC (except the optional Motion for Rehearing) before appealing to a civil court.
More information can be found at twc.state.tx.us about the unemployment benefits appeal process.