SSDI Attorney Guide for New Hampshire, New Hampshire

SSDI Attorney Guide for New Hampshire, New Hampshire

If you live in New Hampshire and your Social Security Disability Insurance (SSDI) claim was denied, you are not alone—and you have strong appeal rights under federal law. The Social Security Administration (SSA) denies many first-time applications, but denials do not end your eligibility. With timely appeals, strong medical evidence, and a clear understanding of the rules, many New Hampshire claimants ultimately win benefits.

This guide is tailored to SSDI denials and appeals for New Hampshire, New Hampshire residents. It explains why claims are commonly denied, the legal standards the SSA must apply, strict deadlines (generally 60 days at each stage), and practical steps you can take to protect your claim. It also covers how the SSA evaluates medical and vocational evidence, when to seek legal help, and how to locate SSA services that serve New Hampshire.

New Hampshire claimants often balance medical care at community clinics and hospital networks with work histories in industries like manufacturing, healthcare, education, and services. No matter your background, the federal disability standard is the same across all states. However, your hearing may be scheduled through regional SSA operations serving New Hampshire, and your federal court case—if necessary—would be filed in the federal district where you reside. This guide favors protecting claimants’ rights while remaining strictly factual and based on authoritative sources.

Key Takeaways for New Hampshire Claimants

• You generally have 60 days to appeal at each stage (reconsideration, hearing, Appeals Council, and federal court), plus a presumed five days for mailing, unless the SSA proves earlier receipt. See 20 CFR 404.909, 404.933, 404.968, and 20 CFR 422.210.
• Disability is defined by federal law (Social Security Act §223(d), 42 U.S.C. §423(d)) and evaluated using the five-step process (20 CFR 404.1520).
• You have the right to representation in your SSDI appeal (20 CFR 404.1705) and to review the evidence and present witnesses at your hearing (20 CFR 404.950).
• SSA field offices serve New Hampshire residents; use the SSA Office Locator to find the nearest office by ZIP code.

Understanding Your SSDI Rights

SSDI is a federal program that pays monthly benefits to insured workers who are unable to engage in substantial gainful activity (SGA) due to a medically determinable impairment expected to last at least 12 months or result in death. The statutory definition comes from the Social Security Act §223(d), codified at 42 U.S.C. §423(d). Your application is judged by uniform federal standards, not state rules, but New Hampshire residents interact with local SSA field offices and the regional hearing system.

Insured Status and Work Credits

To qualify for SSDI, you must have enough recent work credits under 20 CFR 404.130 and related provisions. The number of credits required depends on your age and work history. The SSA checks your earnings record to confirm you are “insured.” Even if you are medically disabled, a lack of insured status can lead to denial of SSDI benefits.

The Federal Definition of Disability

Under 42 U.S.C. §423(d), disability means the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment(s) expected to result in death or last at least 12 months. The SSA applies a five-step sequential evaluation found in 20 CFR 404.1520:

• SGA: Are you performing substantial gainful activity?
• Severity: Do you have a severe impairment that significantly limits basic work activities?
• Listings: Does your impairment meet or equal the medical criteria in the Listing of Impairments (20 CFR part 404, subpart P, appendix 1)?
• Past Work: Given your residual functional capacity (RFC), can you do your past relevant work (20 CFR 404.1560)?
• Other Work: Considering your RFC, age (20 CFR 404.1563), education, and work experience, can you adjust to other work that exists in significant numbers in the national economy?

At steps four and five, RFC (20 CFR 404.1545) is crucial. The SSA evaluates the most you can still do despite your limitations. For claims filed on or after March 27, 2017, medical opinions are evaluated for persuasiveness rather than given controlling weight (20 CFR 404.1520c). Evidence can include treatment records, imaging, lab results, and medical opinions (20 CFR 404.1513). You bear a duty to submit or inform SSA about all evidence known to you that relates to your disability (20 CFR 404.1512).

Your Right to Representation

You may have an attorney or qualified non-attorney representative at any stage of the SSDI process (20 CFR 404.1705). Representatives can help develop the medical record, prepare written arguments, and present your case at a hearing. Any representative’s fee generally must be approved by the SSA (20 CFR 404.1720; Social Security Act §206, 42 U.S.C. §406).

Your Right to a Hearing and to Review the Evidence

If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). You have the right to appear, testify, present witnesses, and review the evidence used in your case (20 CFR 404.950). Hearings may be conducted by telephone or video in addition to in-person options, subject to SSA procedures.

Common Reasons SSA Denies SSDI Claims

Understanding why claims are denied helps you fix issues on appeal. Common grounds for denial include:

1) Insufficient Medical Evidence

SSA generally needs objective medical evidence from acceptable medical sources (see 20 CFR 404.1513). If records are incomplete, outdated, or lack clinical findings and longitudinal history, an initial denial is common. On appeal, supplement the record with updated treatment notes, diagnostic tests, functional assessments, and specialist opinions.

2) Working Above SGA

If your earnings exceed SGA levels, the SSA may deny at step one of the sequential process. Even part-time work can exceed SGA if earnings are above the monthly threshold. If work attempts are unsuccessful or subsidized, explain that with documentation.

3) Impairment Not Severe or Not Long-Term

If the SSA finds your impairment is not severe or is not expected to last at least 12 months, it will deny at step two. Evidence should establish the duration and functional impact of your impairment across activities like standing, walking, lifting, concentrating, and interacting.

4) Able to Do Past Work or Other Work

Denials often hinge on RFC assessments and vocational findings at steps four and five. The SSA may conclude you can return to past relevant work or adjust to other work. On appeal, you can challenge the RFC, highlight side effects, document flare-ups, and obtain functional capacity evaluations that align with your actual limitations.

5) Insured Status or Date Last Insured Problems

Many SSDI denials occur because the claimant was not insured through the date they allege they became disabled. Verify your Date Last Insured (DLI) and ensure your medical evidence shows disability on or before that date.

6) Noncompliance or Gaps in Treatment

Gaps in care or not following prescribed treatment may undermine your case unless you have good reasons (e.g., inability to afford treatment, side effects). Explain any gaps and provide context from your medical providers.

7) Missed Consultative Examination (CE)

If the SSA schedules a CE and you miss it without good cause, your claim can be denied. If you had a legitimate barrier, notify SSA immediately and request rescheduling with supporting proof.

Federal Legal Protections & Regulations

Your rights and the SSA’s responsibilities are grounded in federal statutes and regulations. Important authorities include:

• Social Security Act §223(d) (42 U.S.C. §423(d)): Federal definition of disability.
• Social Security Act §205(g) (42 U.S.C. §405(g)): Judicial review in federal district court after final SSA decision.
• 20 CFR 404.1520: Five-step sequential evaluation of disability.
• 20 CFR 404.1512 and 404.1513: Evidence responsibilities and categories.
• 20 CFR 404.1545: Residual functional capacity.
• 20 CFR 404.909: Reconsideration request—generally within 60 days.
• 20 CFR 404.933: Request for hearing—generally within 60 days.
• 20 CFR 404.968: Appeals Council review—generally within 60 days.
• 20 CFR 422.210: Civil action in federal court—generally within 60 days of receiving the Appeals Council’s notice.
• 20 CFR 404.901: Time computation and the 5-day mailing presumption.
• 20 CFR 404.1705 and 404.1720: Representation and fees.
• 20 CFR 404.950: Rights at the hearing, including reviewing evidence and presenting witnesses.

These rules apply uniformly to New Hampshire residents. The SSA also issues sub-regulatory guidance, but the CFR and the Social Security Act are the primary controlling authorities.

For claimants in New Hampshire, reconsideration is part of the appeal sequence. After a denial, you should promptly request reconsideration. If denied again, you may seek a hearing before an ALJ, then Appeals Council review, and finally a federal court action under §205(g) if necessary.

Authoritative Resources

SSA: How to Appeal a DecisioneCFR: 20 CFR 404.909 (Reconsideration)eCFR: 20 CFR 404.1520 (Five-Step Evaluation)Social Security Act §205(g) (42 U.S.C. §405(g))SSA Office Locator for Field Offices

Steps to Take After an SSDI Denial

When you receive a denial letter in New Hampshire, act quickly and methodically. The letter explains why the SSA denied your claim and how to appeal. The following steps help you protect your rights.

1) Calendar Your Deadline

Appeals are due within 60 days of receipt, with a presumption you received the notice five days after the date on the letter unless you show otherwise. See 20 CFR 404.909 (reconsideration), 20 CFR 404.933 (hearing), 20 CFR 404.968 (Appeals Council), and 20 CFR 422.210 (federal court). Missing a deadline can end your claim unless you establish “good cause” for late filing (20 CFR 404.911).

2) File the Correct Appeal Level

• Reconsideration: File SSA Form SSA-561-U2 or use your online account. This is a fresh review by someone who was not part of the initial decision (20 CFR 404.909).
• Hearing: If reconsideration is denied, request an ALJ hearing (20 CFR 404.933). You can choose options for telephone or video if available.
• Appeals Council: If the ALJ denies your claim, request review by the Appeals Council (20 CFR 404.968). The Council may deny review, remand, or issue a decision.
• Federal Court: After a final SSA decision, file a civil action within 60 days in the appropriate U.S. District Court under 42 U.S.C. §405(g) and 20 CFR 422.210.

3) Strengthen Your Medical Evidence

Winning on appeal often depends on updated, comprehensive medical documentation:

• Obtain recent treatment notes, diagnostic imaging, lab tests, and specialist reports.
• Ask treating providers for detailed functional opinions tied to clinical findings and longitudinal history (20 CFR 404.1520c).
• Document frequency and severity of symptoms, side effects, flares, and functional limits relevant to standing, walking, lifting, concentration, and social interaction.

4) Address RFC and Vocational Issues

Denials at steps four and five are frequently reversed when the RFC is corrected. Provide precise functional details and explain why you cannot meet the demands of past relevant work (20 CFR 404.1560) or other work given your restrictions, age (20 CFR 404.1563), and transferable skills.

5) Prepare for the Hearing

At the hearing stage, you can testify and present witnesses. You have the right to review the evidence (20 CFR 404.950). Prepare a concise narrative of your limitations, activities of daily living, and work history. Identify inconsistencies in the record and correct them with objective support. If the SSA schedules a consultative exam (CE), attend as directed or establish good cause for any rescheduling.

6) Keep SSA Informed

Report changes in address, contact info, medical treatment, and work activity promptly. If you return to work or try part-time work, document accommodations, reduced productivity, or unsuccessful work attempts.

7) Consider Professional Representation

Representatives can gather evidence, prepare pre-hearing briefs, question vocational experts, and ensure deadlines are met. Fees must be approved by SSA (20 CFR 404.1720; 42 U.S.C. §406).

When to Seek Legal Help for SSDI Appeals

If your claim is denied, consider speaking with a representative or attorney early—especially before the ALJ hearing. A knowledgeable advocate familiar with SSA regulations can position your case for the best outcome. For New Hampshire residents, representation can be local or remote, as much of the SSA process (including submissions and some hearings) can be handled electronically, by telephone, or by video subject to SSA procedures.

Key reasons to consult a New Hampshire disability attorney:

• Evidence Strategy: Aligns your medical proof with 20 CFR 404.1520 and the Listing of Impairments.
• Timely Appeals: Ensures the 60-day windows are met (20 CFR 404.909, 404.933, 404.968; 20 CFR 422.210).
• Hearing Preparation: Organizes testimony, handles exhibits, and prepares to address vocational expert opinions.
• Legal Error Identification: Spots harmful errors in ALJ decisions that may warrant Appeals Council review or remand.

Representation before the SSA is governed by 20 CFR 404.1705. If your case requires federal court review under 42 U.S.C. §405(g), your attorney will need to be admitted to practice before the U.S. District Court that covers New Hampshire. In general, an attorney must be admitted to that federal court to file and litigate your case.

Local Resources & Next Steps for New Hampshire Residents

How to Contact SSA in New Hampshire

SSA operates field offices that serve New Hampshire residents. To find your nearest office by ZIP code, use the official SSA Office Locator:

SSA Office Locator (Find Your Local Field Office) You can also contact SSA by phone for appointments and general questions:

• SSA National Toll-Free: 800-772-1213
• TTY: 800-325-0778

SSA hearings for New Hampshire residents are scheduled through the SSA’s hearing operations network. Hearings may be held in person, by video, or by telephone, consistent with SSA procedures and availability. For the latest guidance on appeals and hearing options, see:

SSA: Appeals and Hearing Information

Filing in Federal Court (If Needed)

If the Appeals Council denies review or issues an unfavorable decision, you may file a civil action in federal district court within 60 days of receiving notice (presumed five days after the date on the notice unless shown otherwise). See Social Security Act §205(g), 42 U.S.C. §405(g), and 20 CFR 422.210. Lawsuits are filed in the U.S. District Court for the district where you reside. For New Hampshire residents, this means filing in the federal court serving New Hampshire.

Evidence and Medical Care Coordination

Coordinate with your healthcare providers to ensure your records are complete and current. Ask your providers to document objective findings and functional limitations tied to your diagnoses. This includes limitations in lifting, standing, walking, sitting, concentrating, interacting, and managing persistence and pace—issues the SSA considers when determining RFC (20 CFR 404.1545) and vocational capacity (20 CFR 404.1560).

Detailed Appeal Stages and Deadlines

Reconsideration (20 CFR 404.909)

After an initial denial, file a request for reconsideration within 60 days of receipt. Another adjudicator reviews your claim anew. Submit new evidence, update treatment records, and address any gaps the initial decision cited.

Hearing Before an ALJ (20 CFR 404.933, 404.950)

If reconsideration is denied, request a hearing within 60 days of receipt. At the hearing, you can testify, present witnesses, and challenge vocational expert testimony. You have the right to review and respond to evidence (20 CFR 404.950).

Appeals Council (20 CFR 404.968)

Request Appeals Council review within 60 days of the ALJ decision. The Council may deny review, remand for a new hearing, or issue its own decision. Submitting a focused legal argument identifying ALJ error can improve your chances of remand or reversal.

Federal Court (42 U.S.C. §405(g); 20 CFR 422.210)

If the Appeals Council issues a final decision against you or denies review, you may file a civil action in federal district court within 60 days. The court reviews the administrative record to determine whether the SSA decision is supported by substantial evidence and whether the correct legal standards were applied. Remedies can include remand for a new hearing or, in rare cases, reversal and award of benefits.

Good Cause for Late Appeals (20 CFR 404.911)

If you miss a deadline, you may still be able to appeal by showing good cause. Good cause considers factors like serious illness, records destroyed by accident, incorrect or confusing SSA information, or difficulties in obtaining support documents. Explain the delay clearly and provide evidence.

Strengthening Your SSDI Case in New Hampshire

Medical Opinion Evidence (20 CFR 404.1520c)

For claims filed on or after March 27, 2017, the SSA evaluates medical opinions for persuasiveness, focusing primarily on supportability and consistency. Ask your treating providers to cite specific objective findings that support their opinions and to address common functional domains like sitting, standing, walking, lifting, manipulation, attention, social interaction, and off-task time.

Residual Functional Capacity (20 CFR 404.1545)

RFC is central to steps four and five. Provide documentation that reflects your best and worst days, frequency of flares, and need for unscheduled breaks or absences. Evidence of side effects from medications or therapies should also be included.

Vocational Issues (20 CFR 404.1560 and 404.1563)

Be prepared to discuss the physical and mental demands of your past work, including lifting levels, standing/walking hours, skill levels, and complexity. Age categories (younger person, closely approaching advanced age, advanced age) affect the vocational outcome, particularly under the Medical-Vocational Guidelines.

Listings and Equivalence

If your impairment meets or medically equals a listing in 20 CFR part 404, subpart P, appendix 1, you may be found disabled at step three. If it does not, you can still win at steps four or five based on RFC limitations.

Documentation Tips

• Keep a symptom and activity diary to corroborate fluctuations and functional limits.
• Ensure longitudinal treatment—gaps can be explained but should be documented.
• Submit third-party statements that describe observed limitations and daily challenges.
• Promptly respond to SSA evidence requests and attend any consultative exams.

Frequently Asked Questions for New Hampshire Claimants

How long do I have to appeal?

You generally have 60 days from receiving the denial notice to appeal to the next level. The SSA presumes you received the notice five days after the date on it unless you show otherwise. See 20 CFR 404.909, 404.933, 404.968, and 20 CFR 422.210.

Can I work while appealing?

Working at or above SGA levels can lead to denial at step one. If you attempt part-time or accommodated work, document reduced productivity, extra breaks, or unsuccessful work attempts to show why the work does not reflect sustained capacity for full-time competitive employment.

Do I need a New Hampshire disability attorney?

You are not required to have an attorney, but many claimants benefit from professional representation. Representatives must meet SSA’s rules (20 CFR 404.1705), and fees require SSA approval (20 CFR 404.1720; 42 U.S.C. §406). If your case goes to federal court under 42 U.S.C. §405(g), your attorney must be admitted to practice before the U.S. District Court that serves New Hampshire.

What if I missed my appeal deadline?

Request an extension immediately and explain why you missed the deadline. SSA can accept late appeals for good cause (20 CFR 404.911).

Keywords to Help You Find Local Help

Claimants often search terms like “new hampshire disability attorney,” “social security disability,” “SSDI appeals,” and the primary optimization phrase “SSDI denial appeal new hampshire new hampshire.” If you search online, verify that any resource or representative clearly references SSA regulations and federal law.

Action Plan for New Hampshire Residents After an SSDI Denial

• Read the denial letter carefully. Identify each reason cited by SSA.
• Note your 60-day deadline. Add five days for mailing unless you can show a different date of receipt (20 CFR 404.901).
• File your appeal immediately. Use SSA’s online system when possible to avoid mail delays.
• Gather medical evidence. Request updated records, test results, and functional opinions from treating sources (20 CFR 404.1513, 404.1520c).
• Document your functional limits. Provide specific examples related to standing, walking, lifting, concentration, and pace.
• Prepare for the hearing (if applicable). You can present witnesses, and you have the right to review the evidence (20 CFR 404.950).
• Consider representation. A qualified representative can help develop the record and meet all deadlines (20 CFR 404.1705; 20 CFR 404.1720).
• If necessary, pursue Appeals Council and federal court. Use 20 CFR 404.968 and 42 U.S.C. §405(g)/20 CFR 422.210 timelines.

Compliance and Ethics

SSA representatives must follow ethical rules, and fee arrangements are overseen by the SSA (20 CFR 404.1720; 42 U.S.C. §406). Submitting all known relevant evidence is required (20 CFR 404.1512). Never withhold adverse evidence; explain it and provide context.

Local Considerations for New Hampshire

While SSDI standards are federal, practical considerations affect New Hampshire claimants:

• Field Office Access: Use the SSA Office Locator to confirm the nearest service location in New Hampshire and its hours.
• Hearing Modalities: Telephone or video hearings may be available; confirm your options when you receive your hearing notice.
• Federal Court Venue: If you advance to court, actions under 42 U.S.C. §405(g) are filed in the federal district serving New Hampshire.
• Licensed Counsel: If you hire an attorney for federal court, ensure the attorney is admitted to that court and licensed by at least one U.S. jurisdiction.

Essential Citations You Can Reference

• Social Security Act §223(d), 42 U.S.C. §423(d) (Definition of Disability)
• Social Security Act §205(g), 42 U.S.C. §405(g) (Judicial Review)
• 20 CFR 404.1520 (Sequential Evaluation)
• 20 CFR 404.1545 (RFC)
• 20 CFR 404.1512 and 404.1513 (Evidence)
• 20 CFR 404.909 (Reconsideration)
• 20 CFR 404.933 (Hearing)
• 20 CFR 404.968 (Appeals Council)
• 20 CFR 422.210 (Judicial Review in District Court)
• 20 CFR 404.901 (Mailing Presumption/Time Rules)
• 20 CFR 404.1705 and 404.1720 (Representation and Fees)
• 20 CFR 404.950 (Hearing Rights)

Keep These Links Handy

SSA Appeal Process Overview20 CFR 404.909 (Reconsideration)20 CFR 404.1520 (Five Steps)Social Security Act §205(g)SSA Office Locator

Legal Disclaimer

This guide provides general information for New Hampshire, New Hampshire residents and is not legal advice. Laws and regulations change, and your situation may be unique. Consult a licensed New Hampshire attorney about your specific case.

Next Step

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