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  1. #1
    Join Date
    Dec 2017
    Posts
    1

    Default Is There a Time Limit on Investigation of Grants of Unemployment Benefits

    My question involves workers compensation law for the state of: TEXAS

    A friend of mine was laid-off last year (2016) and she applied for and was approved for Unemployment. She received her benefits and all was well until over a year later she applied for extended benefits but was denied and was disqualified for her previous benefits. This happened more than a month after the expiration of her benefit year. The issue is whether she received an incentive payment for the signing of a waiver for claims against her employer or if the payment was severance from the employer. She has appealed twice without success.

    I want to help and need to find out how long does the TWC have to re-examine an approved unemployment claim for disqualification?

    If they had not approved her for UI last year because of this she would have just waited the specified time and then collected UI. But now she is still unemployed and has no earnings to qualify for UI if se loses this case.

    Please help.

    Thanks,
    dcay

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,368

    Default Re: Texas Compensation Determination and Denial Time Limit

    You're asking how long the unemployment agency has to recognize that benefits were issued in error, and either recover overpayment or decline further payments until a prior overpayment is recouped? An unemployment overpayment is a debt owed to the state, so there is no statute of limitations on recovery of the debt; and the Texas Workforce Commission is legally mandated to try to recoup all overpayments.

  3. #3
    Join Date
    Jan 2015
    Posts
    859

    Default Re: Texas Compensation Determination and Denial Time Limit

    If your friend has not worked again since she filed for benefits in 2016, she would probably not have been able to draw again after her benefit year ended, even if she had not been determined to have been overpaid on the original claim. In order to set up a new claim after the old claim is exhausted and the benefit year has passed, a person must have re-earnings, which means she would have had to go back to work for a covered employer and again be unemployed through no fault of her own. She could file a new claim, but she could not draw it until she had the re earnings required.

    Once your friend had drawn out all the weeks she was qualified for at the time, there would be no extensions of benefits, as there are no federal extensions in effect at this time. A maximum of 26 weeks is all anyone can get in a benefit year. Then when the benefit year expired, she could file a new claim, and would perhaps have a new claim to set up, based on past quarters of work but she would not be able to draw it unless she has re-established her eligibility by working again for a covered employer. So that she was determined to be overpaid was not the only thing that interfered with her being able to draw again after the benefit year expired. it's more a matter of whether she has worked again and has re-earnings.

    As to how long the agency has to determine that the claim was overpaid or issued in error, they have the rest of recorded time. There's no statute of limitations on agency fraud or how long they have to determine if it was fraud. If your friend does not repay the overpayment, then years from now, (if they haven't done anything else to recover the money like garnish her wages) if she has worked again and then tried to file for unemployment insurance, she'd find that any money she sets up to draw and qualifies for in unemployment will be recouped at that time until she has paid off this overpayment from the 2016 claim. Those overpayments never go away, even if they're waived or not collected upon aggressively.

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