SSDI Denial Guide for Claimants in New Hampshire, NH

Introduction: Why SSDI Denials Matter in New Hampshire

Thousands of New Hampshire residents rely on Social Security Disability Insurance (SSDI) to replace lost wages when a serious medical condition prevents them from working. According to the Social Security Administration (SSA), roughly two-thirds of initial SSDI applications are denied nationwide each year. New Hampshire statistics track closely with the national average, meaning many Granite Staters will need to navigate the complex federal appeals system to obtain benefits. This guide explains—in plain English—how that system works, why claims are denied, and what unique resources are available to disability claimants across the state, from Manchester to the North Country. Although the SSA is a federal agency, the practical steps you take and the professionals you consult are deeply local. Understanding the rules, deadlines, and avenues for help in New Hampshire can make the difference between a successful appeal and losing the benefits you have earned.

Understanding Your SSDI Rights

Who Is Eligible?

SSDI is a federal insurance program funded by payroll taxes under Title II of the Social Security Act. To qualify, you must:

• Meet the federal definition of disability found in 42 U.S.C. § 423(d)(1)(A): a medically determinable impairment expected to last at least 12 months or result in death, preventing substantial gainful activity (SGA).

• Have sufficient work credits based on age. Most adult workers need 20 credits earned in the past 10 years. Special rules apply if you are younger than 31.

• File within statutory deadlines. Under 20 CFR 404.603, applications must be timely, and appeals follow strict filing periods explained below.

Key Procedural Rights

Every claimant is entitled to:

• Written notice of any determination (20 CFR 404.904).

• The right to examine and copy their claim file before a decision (20 CFR 404.911).

• Representation by an attorney or qualified non-attorney of their choice at every stage, with fees capped by federal law and subject to SSA approval (42 U.S.C. § 406).

• Impartial adjudication by an Administrative Law Judge (ALJ) if reconsideration is unsuccessful.

Knowing these rights can empower you to challenge an unjust denial effectively.

Common Reasons SSA Denies SSDI Claims

The SSA often cites one or more of the following issues when denying benefits:

• Medical Insufficiency: Records do not document functional limitations in enough detail or frequency. SSA may say your condition is not “severe” or will not last 12 months.

• Substantial Gainful Activity (SGA): Earnings exceed the monthly threshold ($1,550 for non-blind claimants in 2024). Working above SGA typically results in automatic denial.

• Lack of Treatment Compliance: Missing follow-up appointments or failing to adhere to prescribed therapy can undermine credibility.

• Insufficient Work Credits: Workers with part-time histories or interrupted employment may not meet the insured status test.

• Administrative Errors: Misfiled paperwork or missed deadlines during the initial application can cause technical denials.

Understanding the exact basis for your denial—found in the SSA’s “Notice of Disapproved Claim”—allows you to gather the correct evidence for your appeal.

Federal Legal Protections & Regulations

Statutes and Regulations You Must Know

Several key federal laws and regulations guard your rights:

• 20 CFR 404.1520: Sets out the SSA’s five-step sequential evaluation used to determine disability.

• 20 CFR 404.909: Establishes the 60-day deadline to request reconsideration after an initial denial.

• 42 U.S.C. § 405(g): Provides the right to judicial review in U.S. District Court after exhausting administrative remedies.

• 20 CFR 404.1740: Requires representatives to act with integrity and competence; violators can be suspended or disqualified.

Time Limits for Appeals

You typically have 60 days from the date you receive any adverse decision to appeal to the next level. The SSA presumes you receive the notice five days after the date on the letter (20 CFR 404.901). Missing a deadline can force you to start over, losing critical back-pay.

Burden of Proof

During initial and reconsideration stages, the burden is on the claimant to prove disability. Once you establish an inability to perform past work, the burden shifts to the SSA to show other jobs exist in significant numbers (20 CFR 404.1560). Understanding this shift helps frame your evidence strategy.

Steps to Take After an SSDI Denial

1. Request Reconsideration (Within 60 Days)

Submit SSA-561 and updated medical evidence. In New Hampshire, reconsideration cases are processed by the Disability Determination Services (DDS) office located in Concord:

NH Disability Determination Services 21 South Fruit Street, Suite 30, Concord, NH 03301

2. Prepare for the Administrative Law Judge Hearing

If DDS upholds the denial, demand an ALJ hearing using form HA-501. Hearings for New Hampshire residents are usually held at the Manchester Hearing Office (1750 Elm Street, Suite 303, Manchester, NH 03104). Key preparation tips:

• Request your electronic folder (e-folder) early.

• Submit all evidence at least five business days before the hearing (20 CFR 405.331).

• Line up witnesses—vocational, medical, or personal—who can attest to limitations.

3. Appeals Council Review

If the ALJ rules against you, file a Request for Review (HA-520) with the Appeals Council in Falls Church, VA, within 60 days. The Council may:

• Affirm the ALJ decision,

• Reverse it and award benefits, or

• Remand the case for a new hearing.

4. Federal Court Action

Lastly, sue the Commissioner of Social Security in the U.S. District Court for the District of New Hampshire, located in Concord. Under 42 U.S.C. § 405(g), you have 60 days from the Appeals Council’s denial to file. A New Hampshire-licensed attorney must handle court representation.

When to Seek Legal Help for SSDI Appeals

Although you may represent yourself, the data show claimants with legal representation are statistically more likely to succeed, particularly at the ALJ stage. Attorneys typically work on contingency fees capped at 25% of retroactive benefits or $7,200—whichever is less—subject to SSA approval.

Indicators that you need a lawyer:

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

• Past denials for non-medical reasons such as alleged work activity.

• DOB approaching a “borderline age” category, which can change vocational outlook.

• Need for subpoenas or cross-examination of vocational experts.

New Hampshire attorneys must be licensed by the New Hampshire Supreme Court Office of Bar Admissions and comply with RSA 311. Check credentials through the New Hampshire Bar Association Member Directory.

Local Resources & Next Steps

Social Security Field Offices in New Hampshire

Manchester SSA Office 1100 Elm St., Manchester, NH 03101 | Phone: 866-414-0428 Concord SSA Office 70 Commercial St., Concord, NH 03301 | Phone: 888-397-9798 Nashua SSA Office 175 Amherst St., Nashua, NH 03064 | Phone: 877-444-0134

Medical Documentation Sources

Comprehensive, longitudinal records carry significant weight. Claimants often gather evidence from:

• Dartmouth Health (Lebanon) – Level I trauma center with extensive specialty clinics.

• Catholic Medical Center (Manchester) – Cardiology and orthopedic expertise.

• Portsmouth Regional Hospital – Behavioral health and rehabilitation services.

Vocational & Community Supports

NH Vocational Rehabilitation – Employment assessments useful for residual functional capacity arguments. New Hampshire Legal Assistance – Limited free representation for low-income residents.

• Granite State Independent Living – Peer support and independent living skills.

Leveraging these resources can bolster both medical and functional evidence, strengthening your claim at every level.

Conclusion

Facing an SSDI denial in New Hampshire can feel overwhelming, but federal law provides a clear, multi-level appeal path and numerous protections for claimants. By understanding the common reasons for denial, adhering to strict deadlines, gathering detailed medical and vocational evidence, and—when appropriate—securing experienced legal representation, you maximize your chances of success. Remember: every appeal stage has its own rules, but the core principle remains the same—proving that your medical condition prevents substantial gainful activity. Act promptly, stay organized, and do not hesitate to seek help.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed New Hampshire attorney regarding 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.

Authoritative Sources:

SSA – The Appeals Process eCFR – 20 CFR Part 404 U.S. District Court, District of New Hampshire SSA – Substantial Gainful Activity Amounts