Appeal to the Appeal Tribunal

How to Appeal a Determination

These instructions are for the first step in the appeals process, which is an appeal to the Appeal Tribunal. The first step is to appeal in writing to TWC.

You must appeal in writing within 14 calendar days from the date that we mail you the Determination Notice. The date mailed is located on the top of the Determination Notice form, and the last day you can file an appeal is at the bottom of the form. If the fourteenth day falls on a federal or state holiday, you have until the next business day to file your appeal.

You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to the Appeals Department. The mailing address and fax number are shown on your Determination Notice and listed below. You cannot submit an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Your letter or appeal form should include:

  • Your name
  • Your Social Security Number
  • Your current address
  • The date TWC mailed you the Determination Notice
  • A copy of the Determination Notice, if possible
  • Any dates on which you will not be able to participate in a hearing

Please keep a copy of your appeal for your records.

Mail, fax or deliver your appeal to:

Mail: Appeal Tribunal
Texas Workforce Commission
101 E 15th St, Rm 410
Austin, TX 78778

Fax: 512-475-1135

In person: Workforce Solutions office

Online: Notice of appeal

Accommodations for Your Hearing

Please inform us as early as possible if you need accommodations for the appeal hearing in any of the following areas:

  • If you or your witnesses need interpreters – include needed languages
  • If you or your witnesses have a hearing impairment
  • If you need access to a telephone or fax machine

Appeal Hearing Notification Details

It may take six to eight weeks to receive a hearing information packet with information about your appeal. TWC will mail you the packet five to 10 days before your hearing.

The hearing information packet includes:

  • 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
  • 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

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Appeal to the Commission

If you disagree with the Appeal Tribunal decision, you can appeal it in writing to the Commission.

You must appeal in writing within 14 calendar days from the date TWC mailed you the Appeal Tribunal. The appeal deadline is printed on the coversheet of your appeal decision.

You can submit your written appeal online, in person at your nearest Workforce Solutions office, or by mailing or faxing your appeal letter to Commission Appeals at the address or fax number in the instructions included with your Appeal Tribunal decision and also noted below. You cannot file an appeal by e-mail or over the telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your appeal.

Please keep a copy of your appeal for your records.

Mail, fax or deliver your appeal to:

Mail: Commission Appeals
Texas Workforce Commission
101 E 15th St, Rm 678
Austin, TX 78778

Fax: 512-475-2044

In person: Workforce Solutions office

Online: Notice of appeal

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Motion for Rehearing

You may request a rehearing within 14 days of the date TWC mailed you the Commission decision. TWC will grant the Motion for Rehearing only if you can show these three things:

  • Important new information about your case
  • A compelling reason why you did not present this information earlier
  • Why you think this information could change the outcome of your case

You can submit your written Motion for Rehearing online, in person at your nearest Workforce Solutions office, or by mailing or faxing your letter to Commission Appeals at the address or fax number in the instructions included with your Commission decision. You cannot file a Motion for Rehearing by e-mail or telephone. If you choose to fax the information, keep the paperwork that indicates successful transmission of your Motion for Rehearing.

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Appeal to a Civil Court

You may appeal to a civil court between 15 and 28 days after the date TWC mailed you the Commission decision. You must have completed all the appeal steps available through TWC, except the optional Motion for Rehearing, before appealing to a civil court. The instructions for submitting an appeal to a civil court are included with the Commission decision.

If you ask for a rehearing and the Commissioners deny it, you can still appeal that decision to a civil court.

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Continuing Payment Requests During the Appeal Process

You are responsible for meeting all of your unemployment benefits requirements during the entire appeal process.

It is very important that you continue submitting your payment requests on schedule. We can pay you only for the weeks in which you submitted timely payment requests and met all the other requirements. Continue submitting payment requests until you return to work full-time.

See Ongoing Eligibility Requirements for Receiving Unemployment Benefits for your other ongoing requirements.

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Change Your Address

It is important that you keep your mailing address up to date because we will mail the hearing information packet and appeal decision to the address in our records. Be sure to change your address with us as needed to ensure that you receive notices.

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Resources

Submit Appeal – Appeal Tribunal

Check Appeals Status - Appeal Tribunal

Submit Appeal – Commission Appeals

Check Appeals Status - Commission Appeals

Last Verified: August 20, 2013

Auxiliary aids and services are available upon request to individuals with disabilities.
Deaf, hard-of-hearing or speech-impaired customers may contact Relay Texas: 800-735-2989 (TTY) and 711 (Voice). Equal opportunity is the law.

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