SSDI Denial Appeal Guide – New Hampshire, NH

Introduction: Why SSDI Denials Matter in New Hampshire, NH

The Social Security Disability Insurance (SSDI) program is a crucial lifeline for more than 30,000 New Hampshire residents who can no longer work because of serious medical conditions. Yet, the Social Security Administration (SSA) initially denies roughly 65% of first-time applications nationwide, and New Hampshire claimants are not immune. If you recently received a denial letter from the SSA’s Disability Determination Service (DDS) in Concord, the clock is already ticking. This guide explains your federal rights, the four-level appeals process, and the local resources that Granite Staters can use to protect their benefits.

This material favors claimants by highlighting every procedural protection Congress and the SSA offer, but it remains strictly factual, citing only authoritative sources such as 20 CFR §§404.900–404.999, 20 CFR §404.1505, and Sections 205(b) and 223(d) of the Social Security Act. Whether you live in Manchester, Nashua, or a rural North Country town, the same federal rules apply—but local knowledge often makes the difference in a successful SSDI appeal.

Understanding Your SSDI Rights

The Legal Basis for SSDI

SSDI is authorized under Title II of the Social Security Act. Section 223(d) defines “disability” as the inability to engage in any substantial gainful activity (SGA) due to a medically determinable impairment expected to last at least 12 months or result in death. Claimants earn insured status by paying FICA taxes; your work credits do not disappear simply because the SSA initially thinks you can still work.

Key Rights Every New Hampshire Claimant Should Know

• Written Notice: Under Section 205(b) of the Act, you are entitled to a written explanation of any adverse decision.

• Representation: You may hire a licensed New Hampshire attorney or a qualified non-attorney representative. The SSA caps representative fees at 25% of retroactive benefits or $7,200, whichever is lower (20 CFR §404.1720).

• Appeal Deadlines: 60 days from the date you receive an adverse notice, with a rebuttable presumption that you received it 5 days after mailing (20 CFR §404.909).

• Evidence Submission: You may submit additional medical and vocational evidence at every stage, but earlier is better to avoid “good-cause” hurdles (20 CFR §404.935).

Knowing these rights empowers you to challenge an unfair denial, request your complete claims file, and hold the SSA to its own regulations.

Common Reasons SSA Denies SSDI Claims

Medical Insufficiency

The SSA may state that your medical evidence fails to prove a severe impairment. Often, primary-care notes, imaging studies, or specialist opinions are missing. In New Hampshire, lengthy wait times at Dartmouth Health or Catholic Medical Center can delay needed records, so proactive follow-up is essential.

Residual Functional Capacity (RFC) Determinations

DDS physicians decide you can perform past relevant work or adjust to other work in the national economy. Yet these paper-review opinions sometimes overlook functional limitations documented by your treating physicians.

Substantial Gainful Activity (SGA)

If you earn more than $1,550 per month (2024 non-blind SGA amount), the SSA will automatically deny your claim. New Hampshire seasonal workers—like ski-area employees—may unknowingly cross this threshold in busy months.

Technical Errors

• Insufficient Work Credits: You generally need 20 quarters of coverage in the past 10 years.

• Duplicate Applications: Filing a new application instead of appealing an old denial resets critical back-pay dates.

• Missed Deadlines: Failing to appeal within 60 days is a frequent but avoidable reason for denial.

Recognizing why claims are denied guides you in gathering corrective evidence before you appeal.

Federal Legal Protections & Regulations

Core Regulations Claimants Should Cite

• 20 CFR §404.1505 – Defines disability and severity standards.

• 20 CFR §§404.900–404.999 – Lays out the four-level administrative appeals process.

• 20 CFR §404.1512 – Explains claimant’s burden of submitting evidence.

• 20 CFR §404.970 – Governs Appeals Council review criteria.

How These Rules Protect You

The regulations impose due-process safeguards: impartial adjudicators, the right to a de novo hearing, and written findings of fact. For example, Hearings, Appeals and Litigation Law Manual (HALLEX) I-2-5-34 requires an Administrative Law Judge (ALJ) in the SSA’s Manchester hearing office to recuse if bias exists. Federal courts have reversed ALJ decisions that ignore these mandates, such as in the First Circuit’s opinion in Seavey v. Barnhart, 276 F.3d 1 (1st Cir. 2001).

Steps to Take After an SSDI Denial

1. Re-Read Your Notice of Disapproved Claim

Confirm the date on the first page; that triggers the 60-day deadline. Check whether the SSA denied on medical or technical grounds.

2. File a Request for Reconsideration

This is the mandatory first appeal level. Use Form SSA-561 and submit it to your local field office—often the Manchester SSA Office, 1100 Elm St, Manchester, NH 03101. Keep a time-stamped copy.

3. Gather Additional Evidence

• Request updated treatment notes from Dartmouth Hitchcock Medical Center and Elliot Hospital.

• Obtain functional capacity evaluations or neuropsychological testing if applicable.

• Secure written Medical Source Statements from treating specialists, using SSA Form HA-1151 if heading to hearing level.

4. Prepare for the ALJ Hearing

If reconsideration is denied, file Form HA-501 within 60 days. The Manchester Office of Hearings Operations handles all New Hampshire hearings. Expect an 8–10 month wait, so submit evidence early to comply with the five-day rule in 20 CFR §405.331.

5. Appeals Council and Federal Court

The Appeals Council in Falls Church, VA reviews ALJ decisions. If they deny review, you have 60 days to file a civil action in the U.S. District Court for the District of New Hampshire in Concord.

When to Seek Legal Help for SSDI Appeals

Although you may represent yourself, statistics show claimants with representation are more likely to win approval at the ALJ stage. A 2017 GAO study found representation doubled success rates. New Hampshire attorneys must be licensed by the New Hampshire Bar Association and comply with SSA’s fee-approval process. Look for lawyers who regularly appear before ALJs in Manchester and are familiar with regional vocational experts.

Local Resources & Next Steps

Key SSA Offices

• Manchester Field Office: 1100 Elm St, Manchester, NH 03101 • Phone: 866-690-1723

• Nashua Field Office: 175 Amherst St, Nashua, NH 03064 • Phone: 888-397-9791

• Concord Field Office: 70 Commercial St, Suite 100, Concord, NH 03301 • Phone: 888-397-9798

Medical Documentation Sources

• Dartmouth Hitchcock Medical Center, Lebanon, NH

• Elliot Hospital, Manchester, NH

• Portsmouth Regional Hospital, Portsmouth, NH

Community Support

Granite State Independent Living (GSIL) offers peer counseling and advocacy. The Disability Rights Center – NH provides legal resources for low-income residents facing benefit issues.

Authoritative Resources for Further Reading

SSA – Disability Benefits Overview Electronic Code of Federal Regulations – 20 CFR Part 404 SSA Program Operations Manual System (POMS) NH Department of Health & Human Services – Disability Services

Conclusion

SSDI denials are discouraging but far from final. By understanding federal regulations, meeting strict deadlines, and leveraging New Hampshire-specific resources, you improve your odds of receiving the benefits you have earned through years of work. A skilled disability attorney can develop medical evidence, cross-examine vocational experts, and ensure that the SSA follows its own rules.

Legal Disclaimer: This guide provides general information for New Hampshire residents and is not legal advice. Consult a licensed New Hampshire attorney for advice on 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.