SSDI Appeal Guide | Benefits Lawyers New Hampshire, NH

Introduction: Why an SSDI Denial in New Hampshire, NH Is Not the End

If you live in the Granite State and recently opened a letter from the Social Security Administration (SSA) that began with, “We have determined that you do not qualify…,” you are not alone. In recent fiscal years, nearly two-thirds of initial Social Security Disability Insurance (SSDI) applications filed by New Hampshire residents were denied, according to publicly available SSA state-level workload data. The good news is that federal law gives you several opportunities to challenge that decision, and New Hampshire’s Disability Determination Services (DDS) must follow the exact same federal regulations as any other state. Understanding those rules—and how to use them to your advantage—can dramatically improve your chances on appeal. This guide offers a claimant-friendly yet strictly factual explanation of the SSDI appeals process, key federal regulations, common reasons for denial, and local resources such as the Manchester Office of Hearings Operations (OHO) and field offices across the state. Whether you live in Manchester, Nashua, Portsmouth, or the North Country, you will find step-by-step instructions, critical deadlines, and tips on when to involve a New Hampshire-licensed attorney. Armed with the right information, you can transform a disappointing denial into a successful appeal.

Understanding Your SSDI Rights

Federal Benefits, Federal Rules

SSDI is a federal program authorized by Title II of the Social Security Act and administered nationwide by the SSA. Because it is federal, the core legal standards do not change from state to state. Two of the most important rules you should know are:

• 20 C.F.R. § 404.1520 — Establishes the five-step “sequential evaluation” the agency must use to decide every disability claim.

• 20 C.F.R. §§ 404.900–404.999 — Outlines the four-level administrative review process: (1) Reconsideration, (2) Hearing by an Administrative Law Judge (ALJ), (3) Appeals Council review, and (4) Federal court.

You also have a statutory right to a hearing under Social Security Act § 205(b) (42 U.S.C. § 405(b)), where you can present evidence, bring witnesses, and cross-examine SSA experts.

Key Deadlines

• 60 days from the date you receive the denial (SSA presumes you receive it five days after the mailing date) to request Reconsideration.

• 60 days after a Reconsideration denial to request an ALJ hearing.

• 60 days after an ALJ decision to request Appeals Council review.

• 60 days after the Appeals Council decision to file a lawsuit in the U.S. District Court for the District of New Hampshire.

Missing a deadline can cause your case to be dismissed, so mark your calendar immediately after receiving any SSA decision.

Common Reasons SSA Denies SSDI Claims

Technical (Non-Medical) Denials

• Insufficient Work Credits. In 2024, most adults must have at least 20 “quarters of coverage” earned in the last 10 years. If you lack credits, DDS never even looks at your medical evidence.

• Excess Substantial Gainful Activity (SGA). Earning more than $1,550 per month (blind: $2,590) disqualifies you. SSA checks paystubs and IRS data before evaluating disability.

• Failure to Cooperate. Missing consultative exams or not providing requested records can trigger a denial under 20 C.F.R. § 404.1518.

Medical Denials

• Impairment Not “Severe”. At Step Two, DDS decides your condition does not significantly limit basic work activities for 12 months.

• Does Not Meet or Equal a Listing. Step Three compares your condition to the Listing of Impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1.

• Residual Functional Capacity (RFC) Allows Past Work. Step Four finds you can still perform jobs you have done in the last 15 years.

• Other Work Exists. Step Five uses the Medical-Vocational Guidelines (“Grid Rules”) to decide you can adapt to other work in the national economy.

Understanding the exact reason for your denial will guide the evidence you need to gather for appeal.

Federal Legal Protections & Regulations

Sequential Evaluation Process (20 C.F.R. § 404.1520)

Every decision maker—DDS examiner, medical consultant, ALJ—must answer the same five questions in order. Skipping a step violates due process. If the agency misapplied a step, that alone can be grounds for reversal on appeal.

Right to Representation

Under 20 C.F.R. § 404.1700, you have the right to appoint an attorney or qualified non-attorney representative at any stage. Representative fees are generally limited to 25% of past-due benefits or $7,200 (2023 cap) unless your attorney petitions for more.

Evidentiary Rules

• 20 C.F.R. § 404.1513 — Lists acceptable medical sources whose opinions can establish an impairment.

• 20 C.F.R. § 404.1519a — Governs consultative examinations ordered by SSA.

• 20 C.F.R. § 404.1520c — Details persuasiveness factors (supportability & consistency) ALJs must analyze when weighing medical opinions.

Knowing these rules lets you target weaknesses in DDS reasoning—especially if the agency ignored a treating specialist’s opinion without performing the required supportability and consistency analysis.

Steps to Take After an SSDI Denial

1. Read the Notice Carefully

The denial letter (Form SSA-L443) includes a “reasons” section and a technical explanation. Highlight each reason as it dictates what evidence you need.

2. File a Timely Reconsideration

Submit Form SSA-561 and SSA-3441 (Disability Report – Appeal) online or at your local field office. New Hampshire has seven SSA field offices. The largest is:

Manchester SSA Office 1100 Elm St., Suite 100 Manchester, NH 03101 Phone: 1-888-397-9796 (TTY 1-800-325-0778)

Mail or upload any new medical records, MRIs, lab results, or functional capacity evaluations that post-date your initial application.

3. Prepare for the ALJ Hearing

If Reconsideration is denied—statistically likely, as NH reconsideration allowance rates hover around 12%—request a hearing (Form HA-501). Hearings for New Hampshire residents are scheduled at:

Office of Hearings Operations – Manchester 1000 Elm St., Suite 1001 Manchester, NH 03101 Phone: 1-877-298-2072

ALJ hearings may be in-person, by phone, or via Microsoft Teams. You can submit pre-hearing briefs citing medical evidence and federal regulations. Consider obtaining written statements from treating physicians that address specific functional limitations (e.g., cannot stand more than 10 minutes, needs to elevate legs).

4. Appeals Council Review

If the ALJ rules against you, file Form HA-520. The Appeals Council in Falls Church, Virginia, reviews legal errors, policy compliance, and new evidence. Success rates are low (~13%), but a well-argued brief pointing to misapplication of the Grid Rules or improper evaluation of medical opinion evidence can win a remand.

5. Federal Court

The final administrative decision can be appealed to the U.S. District Court for the District of New Hampshire in Concord. You must file a civil action within 60 days. Court review is limited to whether the SSA decision is supported by “substantial evidence” and free of legal error, but federal judges do reverse or remand when ALJs overlook critical evidence.

When to Seek Legal Help for SSDI Appeals

While claimants may self-represent, data from the SSA’s Office of the Inspector General show that represented claimants are more likely to succeed, especially at the ALJ level. An attorney can:

• Obtain missing medical records and prepare a chronology of treatment.

• Cross-examine vocational experts on job numbers and transferable skills.

• Draft legal briefs citing 20 C.F.R. and binding First Circuit or U.S. Supreme Court precedent.

• Ensure compliance with electronic evidence submission and deadline rules under HALLEX I-2-5-13.

New Hampshire attorneys must be licensed by the New Hampshire Bar Association and in good standing. They can practice before SSA nationwide after filing Form SSA-1696. Fee agreements are generally contingent—no win, no fee—subject to the 25%/$7,200 cap.

Local Resources & Next Steps

New Hampshire DDS

The state’s Disability Determination Services is located within the New Hampshire Department of Education in Concord. Although DDS makes the initial decision, they are bound by SSA regulations and oversight.

Major Medical Facilities Familiar With SSA Forms

• Dartmouth Hitchcock Medical Center – Lebanon.

• Elliot Hospital – Manchester.

• Concord Hospital – Concord.

These facilities have medical records departments accustomed to producing documentation required by SSA, often within 10–14 days.

Statewide Disability Statistics

According to SSA’s 2022 data, approximately 41,000 New Hampshire residents receive SSDI, representing 3% of the state population—below the national average of 4.3%. This lower rate underscores the importance of a strong, well-documented appeal.

Other Assistance Programs

• NH Vocational Rehabilitation – May provide job retraining if SSA finds you capable of other work.

• NH Medicaid for the Disabled – Can offer medical coverage while appeals are pending, subject to income and resource limits.

Conclusion

A denial notice is frustrating, but it is not the final word. Federal statutes, regulations, and decades of court precedent give New Hampshire claimants multiple opportunities to prove disability. By understanding the sequential evaluation, meeting every deadline, and submitting targeted medical evidence, you dramatically improve your odds on appeal. When in doubt, consult an experienced new hampshire disability attorney who knows the ALJs, vocational experts, and medical providers in your region.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney regarding your specific situation.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.

Further Reading:

SSA – How to Appeal a Decision 20 C.F.R. § 404.1520 – Sequential Evaluation U.S. District Court – District of New Hampshire New Hampshire Bar Association – Lawyer Referral