SSDI Denial Appeal Guide – New Hampshire, New Hampshire

Introduction: Why SSDI Denials Matter to New Hampshire Residents

The Social Security Disability Insurance (SSDI) program is a critical lifeline for thousands of workers across New Hampshire, New Hampshire who can no longer maintain substantial gainful employment due to serious medical conditions. According to the Social Security Administration (SSA), nearly two-thirds of initial SSDI applications nationwide are denied. Granite Staters are no exception. If you received an unfavorable notice from the SSA, you may feel overwhelmed—especially if you are also confused about the difference between Supplemental Security Income (SSI) and SSDI. This guide focuses on SSDI denial appeals but explains key distinctions so you can chart the most effective path forward. In keeping with federal law and local practice, we slightly favor the claimant’s perspective, emphasizing how you can preserve your rights at every stage of the appeals process.

This article provides:

• A clear overview of SSDI eligibility compared with SSI

• Common reasons initial claims are denied in New Hampshire

• Citations to authoritative federal regulations, including 20 C.F.R. §§ 404.1505 and 404.900

• Step-by-step instructions for all four SSA appeal levels

• Local resources—Manchester Hearing Office details, New Hampshire field offices, and links to medical providers

• Guidance on when to consult a New Hampshire disability attorney

All facts are drawn from publicly available SSA data, the Code of Federal Regulations (CFR), the Social Security Act, or published federal court decisions. If a statement could not be verified, it has been omitted.

Understanding Your SSDI Rights (and How They Differ From SSI)

SSDI Basics

SSDI is an insurance program funded by payroll taxes under Title II of the Social Security Act. You earn work credits—up to four per year—based on your covered earnings. For most adult workers, 20 credits earned in the 10 years before disability onset are required (SSA — Qualify for SSDI). If approved, you may receive:

• Monthly cash benefits determined by your lifetime earnings record

• Medicare coverage after a 24-month waiting period (for most claimants)

• Dependent benefits for eligible spouses and children

SSI Basics

SSI, authorized by Title XVI of the Social Security Act, is a needs-based program. It does not require work credits; instead, you must demonstrate limited income and resources. Although New Hampshire administers a state supplement, the federal base payment rate in 2024 is $943 per month for individuals (SSA, Cost-of-Living Adjustment Notice 2024). Both SSI and SSDI use the same medical standard for disability, but their financial rules differ sharply.

Why Distinguishing SSI From SSDI Matters in Appeals

Confusion between the two programs can lead to avoidable denials—especially when applicants submit incomplete financial information. For example, an individual may be ineligible for SSI because household assets exceed the $2,000 resource limit yet fully qualified for SSDI based on earnings record. Understanding which program you qualify for—and pursuing the correct appeals process—protects your benefits and avoids wasted time.

Common Reasons SSA Denies SSDI Claims in New Hampshire

While each case is unique, patterns emerge in both federal data and New Hampshire hearing statistics reported by the SSA’s Office of Hearings Operations (OHO). The most frequent denial rationales include:

Insufficient Medical Evidence (20 C.F.R. § 404.1510)

Claimants often fail to submit longitudinal treatment records or neglect to obtain specialist opinions that document functional limitations.

Ability to Perform Past Relevant Work

Under **20 C.F.R. § 404.1520(f)**, the SSA may find you can still perform work you performed in the past 15 years.

Substantial Gainful Activity (SGA)

Earning above the monthly SGA threshold ($1,550 for non-blind individuals in 2024) generally results in denial.

Lack of Duration

Disabilities must last—or be expected to last—at least 12 months or result in death (20 C.F.R. § 404.1509).

Non-Medical Technical Denials

For instance, not meeting the “insured status” work-credit requirement, late filings, or withholding requested forms (e.g., SSA-827 authorization).

Knowing these pitfalls empowers you to strengthen your medical file and procedural compliance before you reach the hearing stage.

Federal Legal Protections & Regulations

Key Statutes and Regulations

• Social Security Act §§ 205(b) and 1631(c)(1) — Guarantee claimants the right to a hearing and judicial review.

• 20 C.F.R. § 404.900 — Outlines the four-level administrative review process: Reconsideration, ALJ Hearing, Appeals Council, Federal Court.

• 20 C.F.R. § 404.970 — Governs Appeals Council review standards.

• 20 C.F.R. § 404.1512 — Explains a claimant’s burden to provide medical and other evidence.

Statute of Limitations for Appeals

You generally have 60 days from the date you receive a denial notice to request the next level of review. The SSA presumes you receive its notice within five days of the mailing date (20 C.F.R. § 404.901). Extensions require “good cause,” such as hospitalization or delayed mail.

Right to Representation

Under 20 C.F.R. § 404.1705, you may appoint an attorney or qualified non-attorney representative. Fee agreements are capped at 25 % of past-due benefits or $7,200, whichever is less, unless the representative petitions for a higher amount—and only if approved by the SSA.

Federal Case Law Influencing New Hampshire Claims

The U.S. District Court for the District of New Hampshire and the First Circuit Court of Appeals have issued precedents on treating-physician weight, symptom credibility, and vocational testimony. For example, in Gendron v. Astrue, 2010 WL 4721614 (D.N.H. 2010), the court remanded because the Administrative Law Judge (ALJ) failed to address material medical opinions. Familiarity with such cases can bolster your argument on appeal.

Steps to Take After an SSDI Denial

1. Reconsideration

Deadline: 60 days. Submit SSA-561 and any new evidence. Reconsiderations are handled at the Disability Determination Services (DDS) level in Concord, New Hampshire.

• Provide updated treatment notes—especially post-decision diagnoses.

• Address any technical issues, such as missing work-history details.

2. ALJ Hearing in Manchester

If Reconsideration is denied, request a hearing (SSA-501). Hearings for New Hampshire residents are typically held:

Manchester OHO

1750 Elm Street, Suite 303

Manchester, NH 03104 The ALJ will take testimony from you, medical experts, and vocational experts. You may present new evidence up to five business days before the hearing (20 C.F.R. § 404.935).

3. Appeals Council

If the ALJ decision is unfavorable, file Form HA-520. The Appeals Council in Falls Church, Virginia, reviews written arguments. You cannot introduce new evidence unless it relates to the period on or before the ALJ decision and is new, material, and reasonably late (20 C.F.R. § 404.970(b)).

4. Federal District Court

Finally, you may file a civil action in the U.S. District Court for the District of New Hampshire (42 U.S.C. § 405(g)). The lawsuit must be filed within 60 days of the Appeals Council decision. Federal judges review whether the decision is supported by substantial evidence and adheres to proper legal standards.

When to Seek Legal Help for SSDI Appeals

Although you can self-represent, statistics consistently show that claimants represented by attorneys or qualified advocates are more likely to win benefits (U.S. Government Accountability Office report). In New Hampshire, licensed attorneys must be admitted to the New Hampshire Bar Association and remain in good standing. Your representative can:

• Obtain and organize medical evidence in SSA-preferred formats

• Prepare you and lay witnesses for ALJ questioning

• Cross-examine vocational and medical experts

• Draft persuasive legal briefs citing relevant CFR sections and case law

Signs You Need Immediate Counsel

• An imminent hearing date without complete evidence

• Complex medical conditions (e.g., combined physical and mental impairments)

• Past criminal convictions that may trigger credibility scrutiny

• Prior work in skilled occupations that the SSA may deem transferable

Local Resources & Next Steps

New Hampshire SSA Field Offices

• Manchester: 1100 Elm St, Suite 203, Manchester, NH 03101

• Nashua: 175 Amherst St, Suite 2, Nashua, NH 03064

• Concord: 70 Commercial St, Suite 100, Concord, NH 03301

• Littleton: 177 Main St, Littleton, NH 03561

Key Medical Providers Often Cited in Disability Claims

• Dartmouth Health, Lebanon — tertiary referral center for complex cases

• Elliot Hospital, Manchester — orthopedic and neurology departments

Community Assistance

Disability Resource Center of NH NH Association of Retarded Citizens

Action Checklist

• Mark your 60-day deadline on a calendar.

• Request complete medical records from every treating source.

• File the correct appeal form (SSA-561, SSA-501, HA-520, or civil complaint).

• Consult a New Hampshire disability attorney if any legal or evidentiary issues arise.

Conclusion

SSDI denials can feel like a dead end, but federal law provides robust appeal rights. By acting promptly, gathering comprehensive evidence, and seeking knowledgeable representation, you dramatically increase your odds of success. Keep this guide handy as you navigate each level of review, and remember: the SSA’s initial decision is not the final word.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice about your specific 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.