Thank you for checkign out this podacst. I am Kyle Souza, my blog is https://thetalkinggeek.com/, you can connect with me on LinkedIn at https://www.linkedin.com/in/kylesouza/. Best wishes for you while you search for new employment!

TWC Unemployment Benefits Handbook

Thank you, Good luck, and Farewell!

Request payment every two weeks while your appeal ispending unless you return to full-time work.

Reminder

■ Learn how to prepare for orsubmit documents for yourhearing.■ View your Appeal Status.■ Learn how and when to callin for your hearing.If you don’t have Internetaccess, you may use thecomputers at any TexasWorkforce Solutions office.

Review online appeal information to:

If TWC sends a letter stating we cannot paybenefits, you may appeal that decision by:■ Submitting an online appeal form atwww.texasworkforce.org/uiappeal■ Mailing or faxing a signed letter to theAppeals Department at the address or faxnumber on the letter■ Submitting an appeal in person at yournearest Workforce Solutions Office.For your appeal to be timely, you must file yourappeal within 14 calendar days from the date TWCmails the letter. The deadline is on the letter.If you complete and submit an appeal online, TWCmust receive it no later than 11:59 p.m. on thedeadline date.If you mail your appeal, it must be postmarked onor before the deadline.If you fax your appeal, TWC must receive the fax nolater than 11:59 p.m. on the deadline date. You mayuse the fax machines free of charge at a WorkforceSolutions office in Texas or workforce office inanother state. Ask for and keep your confirmationpage as proof of transmission.Your appeal should include: ■ your name and Social Security number ■ your current address ■ the date TWC mailed you the decision ■ a copy of the notice, if possible ■ any dates you are not able to participate in a hearing ■ the reason you are appealing the decisionYou or your employer can appeal any decision on your claim. The first level of theappeal process is a telephone hearing with the Appeal Tribunal. Your employer mayparticipate in your hearing. We will mail you a hearing notice packet with the date and time of your hearing andinstructions on submitting additional documents you may wish to present. Whensubmitting documents, you should mail or fax copies to your employer and TWC as soonas possible. It may take six to eight weeks to receive the hearing packet. You mustreceive the hearing notice packet to participate in the appeal and should have itavailable during your appeal.Take part in the hearing. The hearing officer makes a decision based entirely onevidence given at the hearing. If you cannot participate, call the hearing officer at thenumber listed on the hearing notice or register online before the scheduled hearingdate.You may request accommodations. If you or any of your witnesses do not speakEnglish, write on your appeal that you need an interpreter and for what languages. Ifyou or your witnesses need special services, such as for hearing-impaired participants,request those as well.Read the Appeal Tribunal decision. If you disagree with the decision, you may appeal tothe three-member Commission within 14 calendar days of the mail date on the decision.The Commission decides your case after reviewing the Appeal Tribunal decision andlistening to the recorded hearing.If you disagree with the Commission Appeals decision, you may file a Motion forRehearing within 14 calendar days of the mail date on the decision. The Commissionmay grant the motion if you can show all of the following: ■ important new information ■ why you think the information could change the decision ■ a compelling reason why you didn’t present the information earlierYou may appeal to a civil court between 15 and 28 days after the date TWC mailed theCommission Appeal decision. Before appealing to a civil court, you must complete all ofthe appeals through TWC, except the Motion for Rehearing.IMPORTANT! If you submit an appeal after the deadline, you must explain in detail whyyou filed the appeal late. If TWC decides not to hear the case because your appeal waslate, we will mail you a letter explaining the decision. You can also appeal that decision.You can appeal online at www.texasworkforce.org/uiappeal.

Understanding Your Appeal Rights

Find more information at www.texasworkforce.org/unemploymentbenefits.Foreign TradeIf you lost your job because of issues related toforeign competition, you may be eligible for TradeAdjustment Assistance (TAA), which includes jobretraining, job search and relocation aid, and weeklyTrade Readjustment Allowance (TRA) benefits.Trade-affected workers age 50 or older may beeligible for a wage subsidy program.Working in Other StatesIf you worked in more than one state during your base period, you can combine all ofyour wage credits into a single claim administered by one “paying state.” The payingstate uses your wage credits from the other states to calculate your benefits. You mayapply for benefits in only one state where you worked. Register for work search with thenearest public workforce office in the state you are located.Military WagesYou can use military wages to qualify for benefits if you left the service honorably andcompleted your first full term of service. If you did not complete your first full term, youmust have separated early due to an exception specified by Congress. Reservists andNational Guard members may be eligible if they served at least 180 days continuousactive service and received a Form DD-214, Report of Separation, when separated. If weare unable to use your military wages, you can appeal to your branch of service with aForm DD-149, Request for Correction of Military Records.PensionsWe reduce your weekly benefit amounts by any pensions, retirement pay, annuities, orother payments you receive from an employer that paid you wages in the base period.We do not deduct Social Security or Railroad Retirement income.Additional PaymentYou may be eligible if you signed a legal release for an additional payment. You may notreceive benefits for the weeks you received an additional payment, such as severancepay or wages instead of notice of layoff. However, you should apply for benefits. Youget no money during this period, but you will have served your waiting week.School EmployeesIf you worked for a school, we cannot use yourschool wages to calculate your benefits if you havereasonable assurance of going back to work after abreak in the academic year. If you lost your job fora qualifying reason or do not have reasonableassurance of returning to work, we may be able topay you benefits.Workers’ Compensation/DisabilityIf you receive Workers’ Compensation, you may not be eligible for unemploymentbenefits. TWC makes that decision based on the type of disability payment you receive. ■ If you receive Impairment Income Benefits, you may receive unemploymentbenefits. If you receive some kinds of Temporary Income Benefits, SupplementIncome Benefits, or Lifetime Income Benefits, TWC cannot pay youunemployment benefits. ■ If you have a permanent disability and receive Social Security DisabilityInsurance (SSDI), you may be eligible for benefits even if you can only work parttime.Federal EmployeesIf you are a former federal employee, TWC requests your wage information from yourfederal employer. To ensure prompt benefit payment, TWC asks you to estimate yourbase period wages and provide a Standard Form SF-50, Notice of Personnel Action, or aW-2 or pay stub as proof of employment.Labor Disputes (Strikes)If you stopped working because of a labor dispute, you cannot collect benefits duringthe dispute. This does not apply to a “lock-out.” A disqualification continues until you nolonger have any part in the labor dispute. It does not matter whether you are a unionmember. It is generally not possible to requalify for benefits by working elsewhere.Disaster AidIf you lost your job or business as a direct result of a major disaster declared by thePresident of the United States, you may be eligible for Disaster UnemploymentAssistance (DUA). If you are eligible for regular unemployment benefits, you mustexhaust them before receiving DUA. When you apply for DUA, we send you a packet ofDUA rules with forms to complete and return.

Other Issues That May Affect Your Eligibility . . .

Protecting Your PrivacyYour claim is confidential. However, we share some information withgovernment agencies and contractors that administer and enforcelaws, including verifying eligibility for public assistance, supporting lawenforcement, and other purposes permitted by law. We disclose information to entities that manage Social Security, Medicaid, nutrition assistance, child support, and other programs.We mail a notice of your claim to your last employer and may communicate with otherformer employers.If we pay you by debit card, we share information with U.S. Bank. U.S. Bank andgovernment agencies must agree to comply with confidentiality laws.The information also may be used for statistical analysis, research, and evaluation.

Protecting Your Privacy

Repaying OverpaymentsYou must repay any overpayments before we canpay you benefits. TWC sends a letter explaining whyyou owe us money. If you are filing for benefits and are eligible, we applyeach weekly payment toward reducing your overpayment.If you were overpaid benefits in another state and areeligible in Texas, we send your benefits to the other stateuntil the overpayment is paid. If you are eligible in anothestate, we ask that state to recover the money for us.If you are not filing for benefits and are unable torepay the entire amount, call 512-936-3338 ore-mail special.colloverpay@twc.state.tx.us aboutsetting up a repayment plan.If your overpayment is past due, TWC may intercept all or some of your IRS refund torepay the overpayment.Learn more about Overpayment of Unemployment Benefits ontexasworkforce.org/unemploymentbenefits. Overpayments stayon your record untilrepaid. We cannotpay you benefits ifyou owe us money.

Repaying Overpayments

Staying Eligible for BenefitsTo remain eligible, you must request payment as scheduled; respond when contacted;be able, available, and actively seeking full-time work; and meet your work searchrequirements and keep good records of your work search activities.You are no longer eligible when your benefits run out or you return to full-time work.Be aware of these additional requirements: ■ Special Reemployment Activities TWC requires you to participate in special reemployment activities if you arelikely to run out of benefits before you find work. If selected, your WorkforceSolutions office sends a letter, and you must participate as instructed. ■ Keep a Work Search Log K eep a detailed work search log because we may request copies to verify youractivities at any time during your benefit year. We enclosed a sample log with thishandbook. Get more copies at ui.texasworkforce.org or make your own, provided itcontains the same details that are on our log. Review the Unemployment BenefitsWork Search Guidelines we sent or find them on www.texasworkforce.org/unemploymentbenefits. Your unemployment claim may be audited at any timeso keep your work search records for at least one year after filing your claim. ■ Accept Suitable Work TWC cannot pay benefits if you refuse to apply for or accept suitable workwithout good cause. We determine suitable work by reviewing:− your experience, qualifications, and training− working conditions and pay for similar work in your area− risks to your health, safety, or morals− distance to work from your home and local commuting patterns− how long you have been unemployed− whether you have considered jobs that pay 75 percent of your normalwage by the eighth week of unemployment

Staying Eligible For Benefits

Receiving CorrespondenceYou can choose how TWC sends unemployment benefits documents to you. Youwill receive all documents and notices by U.S. mail unless you sign up to receivecorrespondence electronically on ui.texasworkforce.org. ■ If you choose electronic correspondence, an e-mail will notify you when newcorrespondence is posted. You must then log in to ui.texasworkforce.org toview your correspondence. ■ Some documents require a response. ■ If you do not respond on time, you might not receive benefits. ■ You must keep your U.S. mail or e-mail address current. Update your address atui.texasworkforce.org. Select Contact Information, or call a Tele-Center at800-939-6631. If you move out of state, you must register for work at a publicworkforce office in that state, unless you commute to work to Texas from aborder state.

Receiving Correspondence

Paying Taxes on Your BenefitsYour benefits are income you must report to the Internal Revenue Service (IRS). We willwithhold 10 percent of your benefits for taxes if you complete and return the VoluntaryWithholding form. TWC sends you and the IRS a Form 1099-G in January with thebenefits amount paid in the previous calendar year. You can find that amount on Tele-Serv or ui.texasworkforce.org.

Paying Taxes On Your Benefits

Working and Reporting IncomeYou must report all of your hours worked and gross earnings eachtime you request payment. Work is any kind of service for pay,including, but not limited to full-time, part-time, reduced hours,temporary, contract, casual or day labor, side jobs, commission-only,tips, paid training/orientation, and self-employment. There are no exceptions. Unreportedand underreported earnings may be considered fraud. Unreported earnings causeoverpayments that you must repay. See page 14.Report your total gross earnings in the week you earned them, not when you are paid.The workweek for reporting begins on Sunday and ends on Saturday. You must report: ■ Your total number of hours worked each week. Include your hours and grossearnings for all your work. ■ Total gross earnings before deductions, not “take-home” pay. ■ Earnings in whole dollars. For example, if you earned $100.75, report $100 anddrop the 75 cents. ■ Your net profit, which is the amount above your expenses, if you are selfemployed. You must report hours worked each week, even if you have no netprofit.Not yet paid?If your employer has not yet paid you, calculate your gross earnings by multiplying thenumber of hours you worked by your hourly pay, and report that amount to TWC whenrequesting payment.

Working And Reporting Income

Working and Receiving BenefitsIf you work part time, you can earn up to 25 percent of your weekly benefit amount(WBA) before TWC reduces your benefit payment. For example, if your WBA is $160, youmay earn $40 without a reduction. If you earn $50, we reduce your WBA for the week to$150. In both cases your benefits plus your earnings equal $200. If you earn more than$200, we cannot pay you benefits for that week. If you are working the customary fulltime hours for your occupation, we cannot pay you benefits, even if your earnings arebelow your allowed amount.We investigate any job separation you have while receiving benefits to determinewhether you can continue to receive benefits. See page 7.

Working And Receiving Benefits

Tell Us You’re HiredWhen you find a full-time job, go to ui.texasworkforce.org, and select Requestyour Waiting Week; or call 800-558-8321 and select Option 2, then Option 4;or call a Tele-Center at 800-939-6631 to speak to a customer service staff.Intentionally giving false information when requesting payment of the waiting week isfraud and you must repay the benefits you were not entitled to receive. See page 8.

Tell Us You're Hired

The Waiting WeekTexas law requires us to hold your benefits for the first payable week as the “waitingweek.” You will be paid for the waiting week after you have received two times yourweekly benefit amount and returned to full-time work or exhausted your unemploymentbenefits. 

The Waiting Week

Keep It A SecretYou are responsible for payments requested with your SocialSecurity number, PIN, and password, so don’t give that informationto anyone.

Keep It A Secret

The Texas Workforce Commission (TWC) has published a short manual with guidelines so that you know your rights and responsibilities when applying for and receiving unemployment benefits from the State of Texas.I am not a state employee and this is not an official reading of the Unemployment Benefits Handbook (UBH); this is something I am doing to help disseminate this important information at a time when a record number of people are applying for employment benefits.I have broken the book into nineteen easy to digest episodes, plus one introducing me and the concept for the podcast.Please read the handbook yourself to verify what you hear here, and visit the TWC website at https://www.twc.texas.gov/ for the most up-to-date and complete information.Thank you, and best wishes on your job search!

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TWC Unemployment Benefits Handbook

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