SSDI Denial Appeal Guide for New Hampshire, NH

Introduction: Why This Guide Matters to New Hampshire Claimants

About 10.8 million Americans receive Social Security Disability Insurance (SSDI) benefits, yet the Social Security Administration (SSA) denies roughly two-thirds of initial applications nationwide. If you live in New Hampshire, NH and recently received a denial letter, you are not alone and you are not without options. The Granite State’s rugged landscape and widespread rural areas often make it difficult for claimants to access medical specialists, gather complete treatment records, or attend SSA examinations on short notice. Understanding New Hampshire-specific procedures, federal appeal deadlines, and where to get local help can dramatically improve your odds of success. This evidence-based guide—slightly biased toward protecting disability claimants—walks you step-by-step through why claims are denied, how the federal appeals system works, and when to involve an experienced New Hampshire disability attorney.

Understanding Your SSDI Rights

SSDI Basics

SSDI is a federal insurance program funded through payroll (FICA) taxes. If you have earned enough quarters of coverage and become unable to engage in substantial gainful activity (SGA) because of a medically determinable impairment expected to last at least 12 months or result in death, you are entitled to apply for benefits under Title II of the Social Security Act.

Key Rights Guaranteed by Federal Law

• Timely Notice: 20 CFR §404.904 requires the SSA to provide written notice with an explanation of any determination.
• Right to Representation: Under 42 U.S.C. §406 and 20 CFR §404.1705, you may appoint an attorney or qualified non-attorney representative at any stage.
• Four-Level Appeal Process: 20 CFR §404.900 guarantees a sequential review: Reconsideration, Hearing by an Administrative Law Judge (ALJ), Appeals Council review, and Federal Court.
• Due Process Protections: The Fifth Amendment and rulings such as Richardson v. Perales, 402 U.S. 389 (1971) ensure the right to a full and fair hearing.

Although SSDI is a federal program, each state—including New Hampshire—operates its own Disability Determination Services (DDS) agency under SSA oversight to develop medical evidence and make the initial decision. That means local medical records, employment patterns, and even regional economic factors can influence your case.

Common Reasons SSA Denies SSDI Claims

Understanding why applications fail is the first step toward fixing the problem on appeal.

1. Insufficient Medical Evidence

The DDS needs objective evidence—clinical notes, diagnostic imaging, lab results—to confirm your functional limitations. If treating providers in New Hampshire submit brief or illegible notes, the DDS may decide your condition is non-severe.

2. Residual Functional Capacity (RFC) Misjudgments

Assessors sometimes find a claimant capable of performing past relevant work or other work available in the national economy, especially for individuals under age 50. A carefully prepared physician’s RFC form aligned with SSA factors can rebut these findings.

3. Earnings Above Substantial Gainful Activity (SGA)

If your monthly earnings exceeded the SGA threshold—$1,470 for most claimants and $2,460 for blind individuals in 2023—the SSA presumes you are not disabled. Occasional or sporadic work activity needs context to avoid an erroneous denial.

4. Failure to Follow Prescribed Treatment

20 CFR §404.1530 allows SSA to deny claims if you do not follow treatment without good cause. Document any financial barriers, adverse side-effects, or religious objections to protect your rights.

5. Prior Denial Used as a Shortcut

If you filed a new claim instead of appealing, DDS examiners may adopt prior unfavorable findings under the doctrine of administrative res judicata.

Federal Legal Protections & Regulations

Statutory Foundations

• Social Security Act §223 (42 U.S.C. §423): Defines disability and payment criteria.
• Social Security Act §205 (42 U.S.C. §405): Governs hearings, evidence, and judicial review.

Implementing Regulations

Key sections in the Code of Federal Regulations (CFR) for appeals:

• 20 CFR §404.909 – Requesting Reconsideration.
• 20 CFR §404.933 – Time and place for a hearing before an ALJ.
• 20 CFR §404.968 – Appeals Council review.
• 20 CFR §404.981 – Federal court review.

Appeal Deadlines

60 days is the statutory deadline (plus five days for mailing) to appeal each adverse action. Missing the deadline usually requires proof of good cause under 20 CFR §404.911.

Attorney Licensing in New Hampshire

Attorneys must be admitted to the New Hampshire Supreme Court to practice law within the state. For federal court appeals, counsel must also be admitted to the U.S. District Court for the District of New Hampshire.## Steps to Take After an SSDI Denial

1. Read the Notice of Disapproved Claim

Your denial letter lists medical and vocational evidence relied upon. Highlight missing records or incorrect work history entries.

2. File a Timely Request for Reconsideration

Use Form SSA-561 or file online. In New Hampshire, send paper appeals to the SSA field office that issued the initial decision. Always obtain proof of delivery.

3. Strengthen the Evidentiary Record

• Get Specialist Opinions: Dartmouth-Hitchcock Medical Center in Lebanon and Wentworth-Douglas Hospital in Dover offer board-certified specialists whose detailed assessments carry weight.
• Update Treatment Notes: Ask your providers to include objective findings, prognosis, and functional limitations in their chart entries.
• Obtain a Treating Source Statement: SSA gives controlling weight to treating physicians under 20 CFR §404.1520c when supported by objective evidence.

4. Prepare for the ALJ Hearing

If Reconsideration fails—as it does for roughly 85 percent of New England claims—request a hearing. New Hampshire claimants typically appear before ALJs from the SSA’s Boston Hearing Office, which manages the Manchester satellite docket. Average wait times fluctuate between 9 and 12 months (see SSA hearing statistics).### 5. Appeals Council and Federal Court

The Appeals Council in Falls Church, VA reviews legal errors and may grant, deny, or remand. Unfavorable decisions can be challenged in the U.S. District Court for the District of New Hampshire in Concord—typically within 60 days of Council action.

When to Seek Legal Help for SSDI Appeals

Advantages of Representation

• Claimants with representatives are nearly three times more likely to be approved at the ALJ level, according to SSA’s Office of Retirement and Disability Policy.
• Fees are contingency-based and capped at the lesser of 25% of past-due benefits or $7,200 (2024 cap) under 42 U.S.C. §406(a).
• Attorneys can cross-examine vocational experts, draft on-the-record (OTR) briefs, and ensure compliance with HALLEX manual provisions.

Signs You Need Professional Help

• Complex medical conditions such as Lyme disease, chronic pain, or mental health disorders requiring detailed RFC evidence.
• Past denials that could trigger administrative res judicata.
• Wage record gaps or questions about date last insured (DLI).

New Hampshire’s small population means fewer local attorneys focus exclusively on SSDI. Begin your search early to avoid rushed representation agreements.

Local Resources & Next Steps

SSA Field Offices Serving New Hampshire

Use the SSA’s Office Locator to confirm the latest addresses and hours for:

• Manchester Field Office (ZIP 03101)
• Concord Field Office (ZIP 03301)

Disability Determination Services (DDS)

New Hampshire DDS is part of the Department of Education’s Bureau of Vocational Rehabilitation, headquartered in Concord. They gather your medical records and may schedule Consultative Examinations (CEs). Always attend CEs or document any legitimate reason for missing them.

State & Non-Profit Resources

U.S. District Court for the District of New Hampshire – for federal appeals filing.Disability Rights Center – NH – offers advocacy and education (does not generally handle SSA cases but can provide referrals).NH Vocational Rehabilitation – may help with work-related accommodations after approval.

Checklist Moving Forward

• Calendar every 60-day deadline.
• Request and review your full claim file (Folio) from SSA.
• Gather updated medical evidence and RFC statements.
• Consider retaining a new hampshire disability attorney early.

If you remain proactive and informed, an initial denial is often just the first step toward eventual approval.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change; consult a licensed New Hampshire attorney for advice about 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.