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Overview
Benefit Accuracy Measurement (BAM) program is a quality control program required by the U.S. Department of Labor (DOL). Under this program, BAM auditors review unemployment benefit claims to help identify errors and prevent fraud in the unemployment benefits program. The results of these audits allow TWC to evaluate the accuracy of benefit payments and improve the integrity and efficiency of the unemployment benefits system.
Each week, TWC selects a sample of unemployment benefit claims for the BAM audit. Unemployment benefit claims are selected at random and are not the result of any action, or inaction, by the claimant or employer. BAM auditors collect new information necessary to determine eligibility and make an independent assessment on whether benefits were properly paid or denied according to federal and state law and policy.
Audit Notification and Participation
Each week, claims are randomly selected and reviewed to determine accuracy of claims once they have been either paid or denied benefits. The audit does not indicate the claimant or employer did anything wrong or there is a problem with the claim. The BAM audit is simply a way to review the quality of the actions performed on the claim.
If selected for a BAM audit, an auditor will contact you by phone or mail to complete the BAM questionnaire.
Claimant Required Action
If selected, you are required to complete and return the questionnaire and respond to any inquires or requests for information, even if you are currently working, were denied benefits, or no longer wish to file for benefits. Claimants who do not participate in the audit will have their benefits suspended or past weeks may be disallowed, which could result in an overpayment. (Reference 20 CFR §602.21)
Information Required for Audit
The type of information requested in a BAM audit will vary depending on whether the claim selected has paid benefits or denied benefits. To qualify for benefit payments, you must have sufficient prior wages, be unemployed through no fault of your own, be able to and available for work as well as actively seeking work. The BAM auditor will contact you and provide specific details about the audit.
Audits are conducted by phone, fax, mail, or email. If the audit is on a claim that paid benefits, the auditor will review all prior determinations on the claim. The auditor will look at eligibility issues, including any job separation(s), ability or availability issues, or additional pay such as severance or a pension. If you worked while receiving unemployment, you must provide earnings information for the weeks you worked.
You will be asked to provide a log of your work search activities for a specific week. Make sure you include a list of all actions you took to look for work. See the Unemployment Benefits Work Search Guidelines for information on acceptable work search activities. Include detailed information so the auditor can verify your activities. You can download a work search log or create your own log. If you create your own log, it must include the same information that is on our version.
Document your activities by including specific details about the work search contact, especially telephone numbers with area codes. Be sure to include:
- Date of the work search activity
- What you did (for example: searched for work at a Workforce Solutions office, applied online for a job, participated in a job fair, applied in person for an opening)
- Type of job you are seeking
- Employer names, addresses and phone numbers including area codes
- Name of the person you contacted, if applicable, and the method of contact (for example: mail, e-mail, fax, phone)
- Result of your activity (for example: submitted job application, sent a résumé, interviewed, hired, not hired, no reply, other)
How the BAM Program Impacts Current Benefits
The audit determines whether an unemployment claim was properly paid or denied benefits. If selected, you are required to participate in the audit to be eligible for benefits. In some cases, if the wages used to calculate your benefit amount is incorrect, an adjustment may be made which could affect your claim. The BAM audit will not change a prior decision on eligibility issues such as a job separation, severance pay, reporting to TWC, or other requirement.
The program is intended to reduce improper payments in the future by encouraging both claimants and employers to submit accurate information on the claim application.
You can assist TWC by participating in the BAM audit and promptly providing the requested information. You will be asked to provide general employment information that is required by DOL, details on your job separation, any other eligibility issues, and work search activities for the selected week.
The BAM program is not meant to function as an appeal to a determination. If you disagree with a determination on a claim, you should follow the instructions for How to Appeal a Decision- Claimant.
Contact Information
If selected for a BAM audit, you should respond directly to the auditor who is assigned the case. If you are unsure who to contact, call the Benefit Accuracy Measurement Department at 512-475-0633 or email BAM@twc.texas.gov.
Fax your completed questionnaire to 512-475-1182, or mail to:
TWC Benefit Accuracy Measurement
101 E. 15th St, Rm 302
Austin, TX 78778-0001
Authority for Audit
The federal regulatory authority for the BAM program comes from 20 C.F.R. 602. The program is administered by TWC’s Benefit Accuracy Measurement department. Employers are required to maintain employment and payroll records that will allow TWC to conduct the duties required for the BAM audit. Claimants are required to respond to the agency when requested and provide records of work search efforts. There are penalties for refusing or failing to keep records required by the department, or for knowingly making false statements or reports. Records must be made available for an inspection by an auditor at any reasonable time.
