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Frequently Asked Questions:

FAQ Division Index

 

 

 


Bureau of Disability Adjudication:
 

I received a notice from the Social Security Administration that my Social Security Income case is being reviewed. What does this mean?

The Social Security Administration reviews every SSI case from time-to-time to ensure that individuals receiving checks should continue to receive them. The review also determines if individuals are receiving the correct amount.

 

I understand that to get Social Security Disability Insurance benefits the disability must be expected to last at least a year. Does this mean that you must wait at least a year after being disabled before receiving benefits?

No. File as soon as possible after becoming disabled and benefits begin after a five month waiting period. The waiting period begins with the month the Social Security Administration decides your disability began.

 

Is there a limit on Social Security Disability Insurance (SSDI) benefits?

No. You will continue to receive a disability benefit as long as your condition keeps you from working. Your case, however, will be reviewed periodically to see if there has been any improvement in your condition and whether you are still eligible for benefits. If you are still eligible when you reach 65, your disability benefits will be automatically converted to Social Security retirement benefits.

 

Is there a TTY/TDD number to call the Social Security Administration ?

Yes, call toll free to (800) 325-0778

 

What does the Bureau of Disability Adjudication do?

The Bureau of Disability Adjudication evaluates applications from individuals with permanent disabilities to determine if they are eligible for federal Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

 

What is SSI?

Supplemental Security Income (SSI) pays benefits to people 65 or older, or blind, or have a disability and don’t own much or have a lot of income. SSI isn't just for adults. Monthly checks also can go to disabled and blind children.

 

 


Bureau of Services to the Blind and Visually Impaired:
 

Do employees with disabilities have good safety records?

Yes. A DuPont survey found that supervisors ranked their employees with disabilities higher on safety issues than their non-disabled peers. U.S. Department of Labor studies support this finding.

 

Do employees with disabilities perform as well as employees without disabilities?

A Harris pole found that almost 90 percent of workers with disabilities received "good" or "excellent" performance ratings from their managers. They also felt that employees with disabilities do their jobs as well as -- or better than other employees in similar jobs. As with all employees, it is important to match abilities, interest and experience with job requirements.

 

Is it expensive to make adjustments to the work place to accommodate employees with disabilities?

Generally, no. A 1994 study found that nearly 20 percent of accommodations cost nothing, while another 50 percent cost less than $500. In addition, the Internal Revenue Code provides significant tax deductions to businesses that make their facilities and equipment accessible to people with disabilities.

 

Where are BSBVI offices located?

 

 

 

 


Bureau of Vocational Rehabilitation:

 

If I am not disabled, where else may I look for employment services in Nevada?

 

What are my responsibilities?

Rehabilitation is not something that is done to you. The success of your plan is dependent upon your participation and follow through. You will need to work closely with your counselor in choosing an employment goal, type of services, service providers and search for employment opportunities. You can aid in your vocational rehabilitation by keeping scheduled appointments, by staying in touch with your counselor, and by working diligently toward achieving your vocational goal.

 

What is the purpose of Vocational Rehabilitation programs?

Vocational rehabilitation programs provide services to eligible individuals with disabilities to help them become employable and be productive in the workplace.

 

What kinds of services may be available to help me become employable?

  • Assessment for determining eligibility and vocational rehabilitation needs

  • Counseling and guidance

  • Physical and mental restoration services

  • Vocational and other training services

  • Supported employment

  • Transportation and other services necessary for you to participate fully in your rehabilitation program

  • Telecommunication, sensory and other technological aids and devices

  • Rehabilitation technology

  • Job placement and job retention services

  • Employment follow-up and post employment services

 

Where are Bureau of Vocational Rehabilitation offices located?

 

Who will assist me in my goal to become employed?

Once determined eligible for service, a counselor will be assigned to provide information, resources, counseling and choices related to your strengths, resources, priorities, and concerns so that you can prepare for or maintain gainful employment.

 

 

 

 


Client Assistance Program:
 

 

   
 

Do I need to go to an office and complete paperwork to get assistance from CAP?

General questions can be answered by e-mail or telephone. If you wish to have CAP investigate a complaint, the process can be started by telephone. CAP cannot begin an investigation until they receive your signed permission form. The forms are available in our office; via mail or fax; or on our Web site at www.NVDETR.org.  Stay in contact with your CAP representative during the investigation process by phone, e-mail, or any other available method. If an in-person meeting is necessary, we can accommodate your request.

 

 

I have a good counselor who is trying to get me what I need. There just seems to be so many "roadblocks." Can CAP help?

In most cases, the CAP can review your case and help identify barriers specific to your case. The CAP also identifies trends and makes recommendations for changes in the system.

 

 

Is the agency required to follow the CAP recommendations?

The CAP was created to help eliminate barriers you may encounter when dealing with rehabilitation service providers that receive federal funding. The CAP and service providers are governed and funded by the same federal law, and are expected to work in a coordinated effort. If a disagreement can not be resolved between the CAP and the service provider, a formal appeals process is available.

 

 

Tips to help you get services and avoid problems

  • Know and understand your rights and responsibilities;

  • Keep a folder of all program materials and paperwork;

  • Take notes when you attend meetings and document telephone contacts;

  • Do not sign anything if you do not understand it;

  • Any agreed upon service, equipment or money should be put in writing;

  • Many problems are the result of misunderstandings, discuss problems with your counselor or the counselor’s supervisor;

  • Be patient.

 

 

What can I do if I disagree with a decision that is made regarding my eligibility for services?

Federal law gives you the right to a Formal Appeal process where an impartial hearing officer reviews your case. Before the formal hearing, you have the option to meet with a representative of the service providers administration in an Administrative Review to discuss your concern and hopefully find an agreeable solution. The CAP is available to offer you with more information about this process and provide technical assistance. Most issues can be resolved without having to go through the Formal Appeal process or the Administrative Review process. If necessary, the CAP is able to intervene with the provider on your behalf.

 

 

What does the CAP do for you?

  • Inform and advise you of your rights and responsibilities under the Federal Rehabilitation Act and the Title I (employment section) of ADA;

  • Help you to resolve problems or disagreements with service providers;

  • Provide assistance if you decide to appeal a decision concerning your eligibility for services.

 

 

What is the CAP?

The Client Assistance Program (CAP) is the liaison to help ensure that all eligible Nevadans with disabilities receive services as provided by the federal Rehabilitation Act.

 

 

 


Employment Security Division:

 

 

How do I apply for the Work Opportunity Tax Credit Program or the Welfare-to-Work Tax Credit Program?

Contact the Nevada WOTC Unit at (775) 684-0321, or FAX at (775) 687-1073, and request an employer packet be mailed to you.

 

How much does it cost to use the services provided by the Employment Security Division?

There is no charge.

 

I am moving to Nevada, how can I look for work?

 

I want a state job

  • You can look for Nevada state jobs by calling the State Personnel job hotline at
    (775) 684-0160.

  • Or check the Nevada State Personnel web page.

 

Is my employer supposed to give advance notice of layoff?

You can check the WARN Act to see if your employer was required to give advance notice.

 

Where is my Unemployment Insurance benefit check?

The Employment Security Division's automated QuickClaim system allows you to file weekly continued claims or inquire about your last two benefit checks, and Unemployment Insurance benefit balance. You must have a touch tone telephone to use this system. In Las Vegas call (702) 486-0350. In Northern Nevada call (775) 684-0350.  You can also check on your Unemployment benefits using the Internet Claims System.

 

 

 

 


Nevada Equal Rights Commission:
 

How do I file a charge against my employer?

The Nevada Equal Rights Commission provides three ways to begin the process of filing a discrimination complaint against your employer. Individuals can mail in inquiries, walk-in to the main office at 1515 East Tropicana Ave., Suite 590, Las Vegas, Nevada –or they can call at (702) 486-7161 and speak to an intake investigator.

 

How long does it take the Nevada Equal Rights Commission to complete an investigation?

The complexity of the issues and allegations raised in your charge determines, to a great extent, the amount of time necessary to investigate your charge. The level of cooperation the investigator receives from both you and the employer during the course of the investigation is also an important factor in the length of time necessary to complete your investigation. We attempt to complete every investigation in as short a period of time as is absolutely necessary.

 

If I file charges against my boss, will they be notified and when will they be notified that I filed?

In NERC's initial inquiry into your allegations, you may be issued some forms to complete. Once those forms are completed and returned to the commission, they will be date stamped and entered into the appointment system with the NERC intake officer. Once that appointment is kept, and if charges are taken, framed and signed by you, the whole package is reviewed by the chief investigator for accuracy. Once that is done, the charge package is then processed to inform the employer (respondent) that charges have been made and accepted. That notification letter is the very first indication to the employer that charges have been brought against them and at the same time they are cautioned against taking retaliation towards the person filing the charges.

 

If I file charges against my employer, and they are notified, can they fire me for bringing charges?

The unfortunate answer is yes, however, it is a practice that is not looked favorably upon and will be held against them when the case comes before the investigator.

 

What are the appropriate steps to take if I feel I have been sexually harassed?

The first thing is to complain to the supervisor of the person that is harassing you and or the person in charge of Human Resources or Employee Relations. Those leaders in the management area of your job, are required to look into your allegations and take whatever measures are necessary to make it stop! If, after a reasonable time, nothing is being done to make the actions stop and or they continue, you should then contact the Nevada Equal Rights Commission and file a charge. The only time this is not the best way to handle such a situation is when the person sexually harassing you is the "BIG" boss or OWNER. In those incidences, contact us directly.

 

What are the hours of operation?

The Nevada Equal Rights Commission’s satellite offices in Henderson, and Reno operate from 8 a.m. to 5 p.m. Monday through Friday; the main headquarters in Las Vegas is open 7 a.m. to 6 p.m. Monday through Friday; all offices are closed weekends and legal holidays.

 

What does "Right to Work" mean?

"Right to Work", Under NRS 613.250 Agreements prohibiting employment because of non-membership in labor organization prohibited. No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization or shall the state, or any subdivision thereof or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization. (1953)

 

What is discrimination?

The basic dictionary definition of discrimination is: the act or ability of making or perceiving differences and distinctions. A showing of favoritism in treatment. However, the word has a different and more precise definition for the Nevada Equal Rights Commission. We use the definition as; different treatment given or received because of a person’s race, color, religion, age, sex, national origin, and or disability.

 

What types of discrimination complaints are handled by the Nevada Equal Rights Commission?

The Nevada Equal Rights Commission investigates charges of violations of Title VII law in the workplace: different treatment based on the protected categories of age, race, color, religion, sex (gender and/or orientation, and national origin. In some cases, the Nevada Equal Rights Commission also investigates violations of the Americans with Disability Act and the Equal Pay Act. Specifically, our charter to operate is found in the Nevada Revised Statutes, Chapter 233 & 613.

 

Where do I go if I feel I am being paid less than a co-worker that is doing the same job I am and we both started on the job at about the same time?

If this is a situation of different genders doing the same job, same requirements, etc., and are being paid differently, the Nevada Equal Rights Commission can accept a charge under the Equal Pay Act and process it under that statute and Title VII as gender discrimination. Otherwise, contact the U.S. Department of Labor.

 

 

 

 


Rehabilitation Division:

 

What does the Rehabilitation Division do?

The Rehabilitation Division is the designated state unit for the Vocational Rehabilitation program. It also coordinates and oversees three diverse program units that serve people with disabilities.

Rehabilitation Administration and the Vocational Rehabilitation programs also work with the Nevada State Rehabilitation Council. The council works both in partnership with and as an advisory body to the Rehabilitation Division.

 

 

 

 


Unemployment Insurance
 

How do I file my Unemployment Insurance claim?

How you file for Unemployment Insurance benefits will depend on where you live.

  • If you do not live in Nevada, you must contact the Employment Service agency in your state for filing instructions.

  • If you live in Southern Nevada, all claims are now processed by telephone through our new QuickClaim center at (702) 486-0350.

  • If you live in Northern Nevada, all claims are now processed by telephone through our new QuickClaim center at  (775) 684-0350.

  • If you live in Rural Nevada, you can reach the QuickClaim center by using the following Toll Free number (888) 890-8211.

After filing your new claim you will use QuickClaim system to file your weekly continued claim.

 

How do I report my wages from part-time work?

When you work during a week that you are claiming unemployment, you are required to report wages in the week you earned them, not the week they are paid.  For example, if you work Monday the 1st, Tuesday the 2nd and Wednesday the 3rd, you would report those wages for the week ending Saturday the 6th, even if you are not paid until the following Friday, the 12th. 

 

What wages are used to determine my eligibility?

Wages paid during the "base period" of a claim are used to determine weekly and maximum benefit amounts payable.  The base period changes every calendar quarter (approximately January 1, April 1, July 1 and October 1).  The base period does not include the current calendar quarter, nor the calendar quarter that immediately precedes the current quarter.

 

Where is my check?  I filed my claim and have not received it.

You must make sure that we have your correct mailing address.  Unemployment checks can not be forwarded through the Post Office.  If you move, immediately contact your call center at the number shown to report your address change, so your checks are not returned to us as undeliverable.  If your check is lost in the mail, we can not stop payment on the check for 15 working days from the date of issue.

 

Who pays for unemployment benefits?

Unemployment benefits are paid for through payroll taxes contributed by the employer.  Certain non-profit employers may qualify to reimburse the state for any benefits charged to them in lieu of paying a tax on gross payroll.

 

Why are my checks being held up during adjudication?

If a situation which requires adjudication is present, benefit payments are withheld until the determination has been made that a person is eligible to receive benefits under law.  This prevents an overpayment of unemployment compensation.  Overpaid unemployment benefits must be refunded to the state.  If eligible, payment is made for all eligible weeks filed in a timely manner, so continue filing weekly claims throughout the adjudication process.

 

 

 

 


Unemployment Insurance Taxes:
 

Are Cafeteria and 401k plans reportable wages?

Yes. Amounts deducted from employees' gross salaries to pay for these items are wages. If, however, the employer makes a matching contributions to an employee's 401k plan, the amount contributed by the employer is not wages.

 

How can I control my tax costs?

There are a number of things you can do to help control your costs, all of which impact your reserve ratio or the Unemployment Insurance Trust Fund. Generally, the higher your reserve ratio, the lower your taxes will be:

  • Pay your taxes on time. This is a factor used in your reserve ratio calculation. (Timely payment also ensures full credit against your Federal Unemployment Tax.)   

  • Respond to division notices timely, honestly, and accurately. Whether benefits are paid, and how much, are often determined by employer responses. Without sufficient facts, the division must act on whatever information is available. Benefits paid in error will likely impact your future tax rates.

  • If you feel a determination from the division is in error, file a timely appeal and attend all hearings.

  • Review your benefit charges and tax rate notices carefully for errors.

  • Keep accurate, written personnel records of your employees' performance and conduct. Be particularly specific when responding to the division regarding reasons for separations.

  • Offer job openings to unemployed workers, if possible. This reduces overall cost and possibly your individual tax rate. Take advantage of our free Nevada JobConnect services.

  • Avoid layoffs whenever feasible. Workers could possibly be used temporarily in a part-time position or in some other capacity. Contact other employers in your industry for possible job openings.

  • Notify the division if an unemployed claimant refuses suitable work, or any other instance you think an individual is abusing the system.

 

If an employee quits or is fired, can he draw benefits?

If the division determines that the employee either quit without good cause or was fired for misconduct in connection with his work from his last employer, or in some cases his next to last employer, he will be disqualified (See page 39 of the Nevada Unemployment Compensation Program employer handbook for further information.) Accurate employer records and participation in the benefits process are vital to the division's ability to make the correct decision.

 

How is my tax rate determined?

New employers pay Unemployment Insurance (UI) taxes at a rate of 2.95 percent of taxable wages until they are eligible for experience rating. There is an additional tax of .05 percent for the Career Enhancement Program (CEP).

Once you are eligible for experience rating, your rate is determined by two factors:

  • Your reserve ratio, which is a measure of your previous experience with unemployment (See page 17 of the Nevada Unemployment Compensation Program employer handbook); and

  • The reserve ratio schedule in effect. The administrator establishes, by regulation, the schedule to be in effect for each calendar year. Changes to the schedule are made according to the trust fund balance, economic conditions, and forecasts. The law provides for an annual test of the trust fund for a guideline. The balance should be sufficient to pay benefits for one full year, disregarding any additional income (Department of Labor recommends sufficient funds to pay benefits for 1 2 years).

The regulation is filed pursuant to the Administrative Procedure Act and the Nevada Open Meeting Law, upon the recommendation of the Employment Security Council. A meeting is held with the council during October of each year, and a public hearing is held in November; both are open to the public.

 

I have written agreements with my workers that they are independent contractors. Doesn't that exempt them from unemployment tax?

A written contract does not necessarily establish Independent Contractor status. In fact, any agreement by an individual which waives his rights to benefits is void (NRS 612.700). And while the written contract provisions may be considered in any determination, the conditions described in NRS 612.085 must also be met in fact. (See page nine of the Nevada Unemployment Compensation Program Employer Handbook regarding independent contractors and Unemployment Compensation Law.)

 

I'm a base period employer. One of my workers quit without good cause, yet my experience record is still charged with part of his benefits. Why should I be charged, when I had no control over his leaving?

The law provides for disqualification for voluntary quits and misconduct, if it was the reason for the separation from his last employer. If the worker quit or was discharged from a base period employer who was not the last employer, he may still receive benefits. In general, benefits are charged proportionately to base period employers regardless of reason for separation. However, if one of the employers paid 75 percent or more of the wages, he will be charged for all of those benefits (other base period employers are not charged at all) unless he can prove that the worker quit without good cause or was discharged for misconduct.

 

I'm an officer and sole shareholder of a subchapter S corporation. Why should I have to pay taxes on myself? I'll never be able to draw benefits.

A corporation is a separate legal entity and thus a separate employing unit under Nevada Unemployment Compensation Law. Therefore, any individual performing services for wages is an employee of the corporation. Subchapter S status pertains to Federal Income Tax laws and has no bearing on state law. Unemployment compensation is an insurance program; and while the likelihood of drawing benefits may be less than in other situations, it is still possible, if all other requirements are met.

 

If I have already paid taxes on an employee in another state, then transfer him to Nevada, can those wages be considered when calculating non-taxable wages?

Yes, as long as he continues to work for the same employer.

 

My workers meet all the requirements of an independent contractor for IRS purposes. Doesn't that exempt them from state unemployment taxes?

Not necessarily. (See page nine of the Nevada Unemployment Compensation Program Employer Handbook regarding independent contractors and Unemployment Compensation Law.)

 

Why do employers pay the entire cost of unemployment benefits? Why doesn't the employee contribute?

In a few states, employees do contribute a small share. However, during the formulation of the federal/state system, the consensus of opinion among the states was that this would lead to assertions that the employee has a vested right to the money. But, the intent was to make benefit entitlement contingent only upon certain conditions regarding employment and unemployment. If the employer bears the entire cost, he will more likely participate in the benefit entitlement process in order to control his costs and limit payment to the truly unemployed.

 

Why do I have to report tips separately on my quarterly tax reports?

Tips are included in a claimant’s earnings when determining if he is entitled to benefits and in what amounts. However, the maximum weekly benefit amount changes each year and is equal to 50 percent of the average weekly wage paid to Nevada workers. The law requires that tips be excluded from the calculation of the maximum weekly benefit amount. Reporting tips separately is important for employers, since it reduces overall costs and tax rate.

 

 

 

 


Veterans Services
 

Am I a veteran when I'm released from active duty in the reserves? 

Yes - If you've served at least 180 days of active duty, not counting training.

 

Are the National Guard & Reservist eligible to attend Transition Assistance Program (TAP) classes upon leaving active duty status?

All members of the National Guard and Reserves are eligible to attend TAP classes up to 180 days after they have separated from active duty.

 

Are veterans given priority on hiring when applying for a position with federal contractors?

NO - According to federal regulations (Title 38), veterans are given the opportunity to apply for the position before a non-veteran, but the Federal Contractor can hire the most qualified applicant.

 

How do I apply for city, county, state or federal positions? 

Please come into any of our Nevada JobConnect offices and speak with our knowledgeable career consultants.  Our skilled staff can provide direction where to locate city, county, state and federal job information.  You may also contact these entities directly or search their prospective web sites for application information.

 

How do I get a copy of my “DD2-14 and other military personnel records?

Military veterans and the next of kin of deceased former military members may now use a new on-line military personnel records system to request documents. The National Personnel Records Center is working to make it easier of veterans with computers and Internet access to obtain copies of documents from their military files.  Other individuals with a need for documents must still complete a Standard Form 180 that can be downloaded from the on-line web site.

 

How does priority services affect me as a veteran seeking employment?

Preference is given to eligible veterans and eligible persons with priority given to disabled veterans in the provision of employment and training services.  These services include but are not limited to registration, counseling, referrals to supportive services, job development, etc, which are directed to assist applicants find jobs or training. 

Nevada JobConnect offices observe the following priority:

  • Special disabled veterans

  • Disabled veterans

  • All other veterans and eligible persons; and

  • Non-veterans

 

I am a veteran of the United States military.  I would like to know what services you offer.  I am interested in obtaining information on potential retraining opportunities.

Veterans receive priority services at all Nevada JobConnect offices for training and re-employment services.  Available services include, but are not limited to:

  • Resource centers
  • Labor market information
  • Job search assistance
  • Job search workshops
  • Vocational testing
  • Vocational counseling
  • Retraining opportunities
Veterans may be eligible for vocational training through the Department of Veterans Affairs, under the GI bill and for special disabled Veterans through the Bureau of Vocational Rehabilitation.  Bureau of Vocational Rehabilitation.

 

What benefit will I get from attending a Transitional Assistance Program (TAP) class?

TAP classes are designed to assist in preparing you for the civilian job market by assisting you with Labor Market Information, resume writing, application assistance, how to dress for an interview, interviewing techniques, and salary negotiations.

 

What is the definition of a veteran?

The term “veteran” means a person who--

  • Served on active duty for a period of more than 180 days and was discharged or released with other than dishonorable discharge;

  • Was discharged or released from active duty because of a service-connected disability; or

  • As a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g) 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such a duty with other than a dishonorable discharge.

(Source-Title 38, section 4211.Definitions)

 

Where can I go to receive additional services?

The Department of Labor E-VETS Resource Advisor web site, assists veterans preparing to enter the job market.  It includes information on a broad range of topics, such as job search tools and tips, employment openings, career assessment, education and training, and benefits and special services available to veterans.

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