SSDI Attorney Guide: Denial Appeals in New Hampshire, NH

Introduction: Why SSDI Denials Happen in New Hampshire

Receiving a denial letter from the Social Security Administration (SSA) can be overwhelming, especially if you live in New Hampshire and rely on Social Security Disability Insurance (SSDI) to cover basic living expenses. According to SSA data, more than 60% of initial SSDI applications nationwide are denied. New Hampshire residents are not immune to this trend, despite the state’s reputation for high-quality medical care at facilities such as Dartmouth Hitchcock Medical Center in Lebanon and Concord Hospital. The good news is that a denial is not the end of the road. Federal law gives every claimant the right to appeal, and many New Hampshire applicants ultimately succeed when they follow the correct procedural steps and present compelling medical and vocational evidence.

This comprehensive guide explains the appeals process from start to finish, rooted in federal statutes like Section 205(b) of the Social Security Act and regulatory provisions such as 20 C.F.R. §§ 404.900–404.999. While the focus is on New Hampshire-specific resources and statistics, the underlying legal framework applies nationwide. We favor the claimant’s perspective by highlighting practical strategies to strengthen your claim, emphasizing thorough documentation, and recommending when to consult a qualified New Hampshire disability attorney.

Understanding Your SSDI Rights

Eligibility Basics

SSDI is a federal insurance program funded by payroll taxes. To qualify, you generally must:

• Have paid Social Security taxes long enough to earn sufficient work credits (20 C.F.R. § 404.130).

• Prove a medically determinable impairment that prevents substantial gainful activity (SGA) and is expected to last at least 12 months or result in death (20 C.F.R. § 404.1509).

• Meet the duration and recency of work tests that vary by age.

The Sequential Evaluation Process

The SSA evaluates every claim using a five-step sequential analysis:

• Are you engaging in SGA?

• Is your condition “severe” under SSA rules?

• Does your impairment meet or equal an SSA Listing?

• Can you perform your past relevant work?

• Can you do other work that exists in significant numbers in the national economy?

If the answer is unfavorable at any step, your claim is denied unless later evidence changes the outcome.

Your Right to Due Process

Under Section 205(b) of the Social Security Act and U.S. Supreme Court precedent (Califano v. Yamasaki, 442 U.S. 682 (1979)), you are entitled to a full and fair hearing after an adverse determination. This includes:

• Reasonable notice of adverse actions.

• The right to examine evidence in your file.

• The right to submit additional evidence.

• The right to representation by an attorney or other qualified advocate.

Common Reasons the SSA Denies SSDI Claims

1. Insufficient Medical Evidence

Many claimants do not submit comprehensive medical records or fail to follow prescribed treatment. 20 C.F.R. § 404.1512 places the burden of proof on the claimant to furnish evidence of disability.

2. Substantial Gainful Activity

If you earn more than the SGA limit (updated annually—SSA SGA Chart), the SSA will assume you can work, regardless of your medical condition.

3. Short-Term or Non-Severe Impairments

Conditions expected to improve in less than 12 months typically do not qualify, per 20 C.F.R. § 404.1505.

4. Failure to Cooperate

Ignoring SSA requests for additional documentation or skipping Consultative Examinations (CEs) can lead to denial under 20 C.F.R. § 404.1518.

5. Prior Denial Without New Evidence

Submitting a new application without new and material evidence often results in a “technical denial.”

Federal Legal Protections & Key Regulations

Statutes and Regulations You Should Know

• Social Security Act § 205: Establishes hearing and review rights.

• 20 C.F.R. § 404.900: Outlines the administrative review process.

• 20 C.F.R. § 404.1520: Describes the five-step sequential evaluation.

• 20 C.F.R. § 404.911: Addresses “good cause” for missing deadlines.

• 42 U.S.C. § 405(g): Provides judicial review in U.S. District Court.

Appeal Deadlines

You generally have 60 days (plus 5 for mailing) from the date you receive a denial to request the next level of appeal (20 C.F.R. § 404.909 & § 404.933). Missing a deadline without good cause can forfeit your right to further review.

Attorney Representation Rules in New Hampshire

Disability representatives must comply with SSA’s Fee Agreement process (20 C.F.R. § 404.1725) and—if they are attorneys—be in good standing with the New Hampshire Bar Association. Non-attorney representatives may practice before the SSA only if they meet SSA approval standards.

Steps to Take After an SSDI Denial

1. Read the Denial Notice Carefully

SSA denial letters specify why you were denied and state the deadline for appeal. Identifying the exact deficiency—medical, vocational, or technical—helps frame your strategy.

2. File a Request for Reconsideration

In New Hampshire, the first appeal step is Reconsideration. You can submit Form SSA-561 either online or at your local field office (e.g., Manchester Office, 1100 Elm Street, Suite 103, Manchester, NH 03101). Provide updated medical records and statements from treating physicians.

3. Request an Administrative Law Judge (ALJ) Hearing

If Reconsideration is denied, file Form HA-501 within 60 days to obtain a de novo hearing before an ALJ. New Hampshire cases are generally heard at the Lawrence, Massachusetts hearing office, which serves most of Northern New England.

4. Appeals Council Review

The Appeals Council in Falls Church, Virginia reviews ALJ decisions for legal or procedural error. Submit a written request within 60 days, citing specific issues such as misapplication of 20 C.F.R. § 404.1520 or ignoring medical opinion evidence.

5. Federal Court Litigation

If the Appeals Council denies review or issues an unfavorable decision, you can file a civil action in the U.S. District Court for the District of New Hampshire in Concord within 60 days (42 U.S.C. § 405(g)). While success rates vary, federal review can be valuable if legal errors occurred.

6. Produce and Organize Evidence

Key evidence includes:

• Objective medical tests (MRI, CT scans, blood panels).

• Treating physicians’ statements with specific functional limitations.

• Work history records and earnings statements.

• Third-party statements from family, employers, or vocational experts.

When to Seek Legal Help for SSDI Appeals

Why an Attorney Can Increase Your Odds

According to SSA statistics, claimants with representation are more likely to win at hearings. A skilled New Hampshire disability attorney can:

• Identify missing evidence and order targeted medical evaluations.

• Prepare you for ALJ questions about daily activities and symptom severity.

• Cross-examine vocational or medical experts who testify at your hearing.

• Draft persuasive legal briefs grounded in 20 C.F.R. and pertinent federal case law (e.g., Avery v. Secretary of HHS, 797 F.2d 19 (1st Cir. 1986)).

• Negotiate on-pay status and expedite critical cases when warranted.

Attorney Fees Are Contingent

SSA caps standard attorney fees at the lesser of 25% of past-due benefits or $7,200 (as of 2022) per 20 C.F.R. § 404.1730. No fee is due if you do not win back benefits, making legal help financially accessible.

Local Resources & Next Steps

New Hampshire SSA Field Offices

Manchester Office 1100 Elm St., Suite 103 Manchester, NH 03101 Phone: 866-690-1947 Nashua Office 175 Amherst St. Nashua, NH 03064 Phone: 888-397-9796 Portsmouth Office 80 Daniel St., Room 200 Portsmouth, NH 03801 Phone: 866-363-3744

Disability Determination Services (DDS)

New Hampshire DDS, part of the NH Department of Health & Human Services, evaluates medical eligibility during initial and reconsideration stages:

21 South Fruit St., Suite 30 Concord, NH 03301 Phone: 603-271-3317

Free or Low-Cost Medical Clinics

Timely medical treatment is vital. Claimants without insurance can explore:

Dartmouth Hitchcock Medical Center Financial Assistance Program

• Manchester Community Health Center

• Goodwin Community Health in Somersworth

Vocational Rehabilitation

The NH Vocational Rehabilitation Program helps disabled residents re-enter the workforce, which can bolster a closed-period disability claim.

Additional Authoritative Resources

SSA: How to Appeal a Decision Electronic Code of Federal Regulations Part 404 Social Security Act § 205

Conclusion

A denial from the SSA is discouraging but not definitive. New Hampshire residents have robust rights under federal law to appeal and present new evidence. By understanding common pitfalls, adhering to strict deadlines, and leveraging local medical and legal resources, you substantially improve your chance of securing the benefits you deserve.

Disclaimer: This article provides general information only and does not constitute legal advice. For advice specific to your situation, consult a licensed New Hampshire attorney.

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