Texas man begs state for his unemployment benefits. TWC says he missed a deadline

Has the Texas Workforce Commission recovered from its near breakdown during the pandemic? That’s when millions sought unemployment benefits.
That backlog and confusion was almost unavoidable. Nobody was prepared for that.
But the case of Dustin Holzwarth of Aubrey makes me wonder if TWC is still trying to regain its mojo.
Holzwarth was laid off in January from his job doing product support for medical devices. He received two unemployment payments in total. What about the rest?
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He says he called TWC constantly and visited his local TWC office. Staffers told him his paperwork looked good. Stay tuned, he was told.
The money never came.
He says he is owed $9,500.
What caused this? The best The Watchdog can tell is his Social Security number was stolen, which tied things up at first. But that was supposedly cleared up.
The TWC won’t discuss his case with me because of confidentiality rules. But I saw a letter Holzwarth received from Chuck Ross, the TWC fraud division director after the Watchdog’s inquiry.
He wrote Holzwarth that he missed important filing deadlines and didn’t fill out the necessary paperwork.
He also told Holzwarth that he could tell he didn’t open an email that TWC sent denying his claim.
On my request, Holzwarth scoured his computer, its mailboxes and folders. He couldn’t find an email with the denial.
Holzwarth insists he filed claims and somehow his efforts disappeared from his records. I have a few suggestions.
Not receiving unemployment benefits that you are due is among the worst things a state government can do to its wage earners.
One time Holzwarth complained to a TWC staffer: “Hey, I’m not even able to pay for groceries now. I’m depending on other people right now.”
The staffer replied, “Yeah, it’s hard for a lot of people right now. … I’m really sorry to hear that. I can escalate that.”
All he knew was that TWC kept telling him to file claims, even if the money wasn’t coming in. It was almost a fingers crossed move. A charade.
Holzwarth didn’t even consider filing an appeal. After he learned belatedly that he was denied the rest of his money, he didn’t know he should file a claim. He now has done that.
The 14-day period to appeal has long expired. But the rule can be waived.
“That was our biggest frustration,” said Holzwarth’s fiancée, Christie Harris. “We had no one to go to. We had no way of knowing we could appeal because we didn’t know we had been rejected.”
I talked to Dallas employment lawyers about this.
Jennifer Spencer calls TWC “your typical overworked, underfunded agency.”
Cases like Holzwarth’s “happen fairly often. Timely communication is not made.”
Employment lawyer Clark Will’s advice: “Hey, keep trying to go up the ladder. You might find somebody who might take responsibility to help you.”
Holzwarth couldn’t wait any longer. He has three kids. His new job pays a lot less money despite his working more hours, but he says he had no choice.
TWC lists an ombudsman to help with unsolvable claims. Send an email with your name and phone number to [email protected].
The Watchdog’s advice: File a formal appeal. Even if you’re late, ask for compassion. Show your phone bill or other evidence you have during the hearing. Hearings are by phone. You don’t have to go anywhere.
Send a letter to the TWC chairman Bryan Daniel pleading for help — a letter with a return receipt, not an email. Send copies of it to your state legislators since they approve the TWC’s budget.
There are websites where you can search for your lawmakers by your home address. Or you can call your county election office.
Turn up the heat. Involve not only the TWC boss, but the boss’s boss, and the next boss up the line.
Get them to show a little compassion.
Watchdog note: After this story appeared online, the TWC ombudsman examined the case and told Holzwarth he would receive back benefits of $7,500. Turns out TWC was still sending information to the old email address used in the Social Security number scam.
Harris told The Watchdog, “Without your help we wouldn’t have gotten anywhere. We appreciate your willingness to help us when no one else would.”