SSDI Denial Appeals Guide – New Hampshire, NH

Introduction: Why This Guide Matters to New Hampshire Claimants

Every year, hundreds of Granite Staters apply for Social Security Disability Insurance (SSDI) only to receive a denial letter from the Social Security Administration (SSA). According to SSA data, initial approval rates in the Boston Region—which covers New Hampshire—hover around 35%, meaning roughly two out of every three applicants must appeal to get the benefits they earned. If you live in Manchester, Nashua, Concord, or anywhere else in New Hampshire, understanding the appeals process is crucial. This 2,500-plus–word guide explains your rights, deadlines, and local resources so you can protect yourself and your family.

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Understanding Your SSDI Rights

Who Qualifies for SSDI?

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

• Insured status: sufficient work credits under 20 CFR 404.130.

• Severe impairment expected to last ≥12 months or result in death, per 20 CFR 404.1505.

• Inability to perform substantial gainful activity (SGA), defined in 20 CFR 404.1572.

If SSA denies your claim at any stage, you retain the right to appeal through a four-step process mandated by federal law (20 CFR 404.900).

Key Federal Rights

• Due Process: 42 U.S.C. §405(b) guarantees notice and an opportunity to be heard.

• Representation: You may hire an attorney or qualified non-attorney at any point; fees are capped by 20 CFR 404.1728.

• Evidence Submission: Under 20 CFR 404.1512, claimants can submit medical records, opinions, and witness statements.

Common Reasons SSA Denies SSDI Claims

Medical Insufficiency

SSA may decide the medical evidence does not show a severe impairment that lasts 12 months. Common pitfalls include missing diagnostic tests, outdated treatment records, or failure to follow prescribed therapy (20 CFR 404.1530).

Work and Earnings Issues

Earning above the SGA level—$1,550 per month in 2024 for non-blind applicants—results in a technical denial regardless of medical severity.

Insured Status Lapses

If your “Date Last Insured” has passed, SSA can deny on technical grounds. Many New Hampshire applicants are unaware they must prove disability before that date.

Insufficient Documentation of Functional Limitations

New Hampshire doctors often keep concise notes. Without detailed functional capacity descriptions, Disability Determination Services (DDS) may underrate your limitations.

Federal Legal Protections & Regulations

The appeals framework is grounded in federal law:

• Reconsideration (20 CFR 404.907–916): A new DDS team reviews your file. Deadline: 60 days from receipt of the denial letter.

• Administrative Law Judge (ALJ) Hearing (20 CFR 404.929–961): A live or video hearing before an ALJ. You can request subpoenas for medical witnesses (20 CFR 404.950(d)).

• Appeals Council (20 CFR 404.967–982): Reviews legal or factual errors.

• Federal District Court (42 U.S.C. §405(g)): File a civil action in the U.S. District Court for the District of New Hampshire—usually in Concord—within 60 days of Appeals Council denial.

Throughout, you keep the right to submit additional evidence up to five business days before the ALJ hearing (20 CFR 404.935).

Steps to Take After an SSDI Denial

1. Read the Denial Letter

SSA’s “Notice of Disapproved Claim” explains why you were denied. Note the “date received”; SSA presumes you got the letter 5 days after the mailing date (20 CFR 404.901).

2. File a Timely Appeal

You have 60 days (plus the 5-day mailing presumption) to appeal. File online via SSA’s Appeal Portal or submit SSA-561 to your local office.

3. Collect Missing Evidence

Order updated records from Dartmouth Health, Elliot Hospital in Manchester, Portsmouth Regional, or other New Hampshire facilities. Ask treating physicians to complete SSA-3373 (“Function Report”) and, if possible, a Residual Functional Capacity (RFC) form.

4. Track Deadlines

Use certified mail or MySSA receipts. Missed deadlines generally require “good cause” to reopen (20 CFR 404.911).

5. Prepare for the ALJ Hearing

• Review the electronic folder (e-FOLDERS) via your representative or local SSA field office terminals.

• Draft a pre-hearing brief citing Listing impairments under 20 CFR Pt 404, Subpt P, Appx 1.

• Arrange for vocational or medical experts if needed.

When to Seek Legal Help

While claimants may self-represent, statistics published by SSA’s Office of the Inspector General show higher allowance rates for represented claimants. A new hampshire disability attorney can:

• Cross-examine vocational experts for transferable skills issues.

• Obtain narrative RFC reports from Dartmouth Hitchcock specialists.

• Draft Appeals Council arguments citing First Circuit precedent such as Averill v. Astrue, 574 F. Supp. 2d 73 (D.N.H. 2008).

Attorneys must be licensed by the New Hampshire Bar Association and registered with SSA’s Appointed Representative Services (ARS).

Local Resources & Next Steps

SSA Field Offices in New Hampshire

Manchester SSA Office 1100 Elm St., Manchester, NH 03101 • Phone: 866-759-2970 Nashua SSA Office 175 Amherst St., Nashua, NH 03064 • Phone: 888-397-9798 Concord SSA Office 70 Commercial St., Concord, NH 03301 • Phone: 888-397-9793

ODAR/Office of Hearings Operations (OHO)

New Hampshire ALJ hearings are held at the Manchester Hearing Office (1750 Elm St., Suite 303, Manchester, NH 03104). Average wait times are about nine months, per SSA’s latest Hearing Office Locator.

State and Community Resources

New Hampshire Bar Association Lawyer Referral – Find licensed SSDI attorneys. NH Department of Health & Human Services – Vocational rehab and Medicaid waivers. ServiceLink Aging & Disability Resource Centers – Free counseling on public benefits.

Financial Survival Tips During the Appeal

Consider applying for state Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition Assistance Program (SNAP) through NH Easy. If assets are limited, apply for Supplemental Security Income (SSI) concurrently.

Legal Disclaimer

This guide provides general information for New Hampshire residents. It 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.