SSDI Denial Guide for New Hampshire, NH Claimants

Introduction: Why a New Hampshire-Specific SSDI Guide Matters

Being denied Social Security Disability Insurance (SSDI) benefits can feel overwhelming, especially when you are already coping with serious medical conditions. According to the Social Security Administration (SSA), roughly two-thirds of initial SSDI applications nationwide are denied. New Hampshire claimants face the same federal rules as everyone else but must navigate local SSA field offices in Concord, Manchester, Nashua, Portsmouth, and Littleton, plus a regional hearing office in Lawrence, Massachusetts, that serves the Granite State. This guide explains your rights, common denial reasons, federal regulations, and the practical steps you can take—right here in New Hampshire—to turn a denial into an approval. Throughout this guide, we slightly favor protecting claimants’ interests while remaining strictly factual. All citations come from authoritative sources such as the Code of Federal Regulations (CFR), the Social Security Act, and published SSA policy manuals. No speculation—only verifiable facts—to help you make informed decisions.

Understanding Your SSDI Rights in New Hampshire

Federal Entitlement, Local Impact

SSDI is a federal program under Title II of the Social Security Act (42 U.S.C. §§ 401–434). If you have accumulated enough quarters of coverage (work credits) and meet the SSA’s definition of disability in 20 C.F.R. § 404.1505, you are entitled to monthly benefits and potential Medicare eligibility after 24 months. Your geographic location does not alter the substantive rules, but it does dictate where you file documents, attend hearings, and locate medical evidence.

Key Claimant Rights

• The Right to Representation: Under 20 C.F.R. § 404.1700, you may appoint an attorney or non-attorney representative. In New Hampshire, attorneys must be admitted to the New Hampshire Bar Association to practice law in state, though any attorney in good standing in any U.S. jurisdiction may represent claimants before the SSA nationwide.

• The Right to Timely Notice: The SSA must send written notice explaining why your claim was denied (20 C.F.R. § 404.904).

• The Right to Appeal: You generally have 60 days from the date you receive the denial notice (plus a presumed 5 mailing days) to request the next appeal level (20 C.F.R. § 404.909(a)(1)).

• The Right to Examine Your File: Before your appeal, you may review and copy anything in your electronic claims file. Local field offices can arrange electronic access.

Common Reasons the SSA Denies SSDI Claims

Understanding why claims get denied helps you prepare a stronger appeal. Below are the most frequent issues cited in New Hampshire denial letters, all grounded in SSA statistics and the Program Operations Manual System (POMS).

Medical Insufficiency The SSA found your evidence did not prove you have a “severe” impairment lasting or expected to last 12 months or end in death (20 C.F.R. § 404.1520(a)(4)(ii)). Many New Hampshire denials result from missing treating-source records from Dartmouth Health, Portsmouth Regional Hospital, or small specialty clinics in the North Country. Residual Functional Capacity (RFC) Conflicts A state agency medical consultant may decide you can still perform past relevant work—e.g., light factory work in Nashua’s manufacturing sector—despite your doctor’s more restrictive opinion. Substantial Gainful Activity (SGA) If you earned above the SGA threshold (e.g., $1,470 per month in 2023 for non-blind claimants) after your alleged onset date, the SSA must deny under 20 C.F.R. § 404.1520(b). Insufficient Work Credits You generally need 20 credits earned in the 40 quarters before disability onset, though younger workers have modified tests. Seasonal tourism jobs in the Lakes Region sometimes leave gaps in coverage. Non-Compliance With Treatment Failure to follow prescribed treatment without good cause (20 C.F.R. § 404.1530) may lead to denial.

New Hampshire claimants often assume a local physician’s letter is enough. In reality, SSA adjudicators weigh objective evidence—MRI results from Concord Hospital, pulmonary tests from Cheshire Medical Center—more than conclusory statements.

Federal Legal Protections & Key Regulations

Core Statutes and Regulations Every NH Claimant Should Know

• Social Security Act § 205(b) (42 U.S.C. § 405(b)): Guarantees a hearing before an Administrative Law Judge (ALJ) after reconsideration denial.

• 20 C.F.R. § 404.900: Outlines the four-step administrative review process—Reconsideration, ALJ hearing, Appeals Council review, and federal court.

Standard of Review at Each Appeal Level

• Reconsideration – A new Disability Determination Services (DDS) examiner and medical consultant review the file de novo.

• ALJ Hearing – Conducted by the Office of Hearings Operations (OHO) in Lawrence, MA. The ALJ is not bound by prior DDS findings. You may testify by video at Manchester SSA or in person in Lawrence.

• Appeals Council (AC) – Located in Falls Church, VA, the AC reviews whether the ALJ applied the law correctly. New evidence must meet the criteria in 20 C.F.R. § 404.970.

• Federal District Court – For New Hampshire residents, lawsuits are filed in the U.S. District Court for the District of New Hampshire in Concord. The court reviews under the “substantial evidence” standard.

Under 20 C.F.R. § 404.981, the AC’s denial or dismissal is the SSA’s final decision, after which the 60-day federal court filing deadline begins.

Steps to Take After an SSDI Denial

1. Calendar the 60-Day Deadline Immediately

Mark 65 days from the date on your denial notice to account for the five-day mailing presumption. Missing this window will generally require you to show “good cause” (20 C.F.R. § 404.911).

2. Request Reconsideration (First-Level Appeal)

File SSA Form SSA-561 and the Disability Report-Appeal (SSA-3441). You can submit online via SSA’s appeal portal or drop documents at any New Hampshire field office:

• Manchester Field Office: 70 Commercial St., Suite 100, Manchester, NH 03101

• Concord Field Office: 70 Commercial St., Suite 200, Concord, NH 03301

• Nashua Field Office: 175 Amherst St., Nashua, NH 03064

• Portsmouth Field Office: 80 Daniel St., Portsmouth, NH 03801

• Littleton Field Office: 177 Main St., Littleton, NH 03561

3. Strengthen Your Medical Record

Gather updated treatment notes, diagnostic imaging, and specialist opinions. New Hampshire claimants often rely on Dartmouth Hitchcock Medical Center for advanced testing. Be sure to ask your providers for RFC questionnaires aligning with SSA forms.

4. Prepare for the ALJ Hearing

If Reconsideration fails, file a “Request for Hearing” (SSA-501). The OHO may schedule video or in-person hearings. Present vocational evidence—such as a job description from a former employer in Keene—to address transferable skills.

5. Appeals Council and Federal Court

If the ALJ denies your claim, you have 60 days to request AC review. Should the AC refuse or uphold the denial, the last administrative step is federal court. The U.S. District Court for the District of New Hampshire is located at 55 Pleasant Street, Concord, NH 03301.

When to Seek Legal Help for SSDI Appeals

While self-representation is permitted, data from the Government Accountability Office show that claimants with representatives are almost three times more likely to be approved at an ALJ hearing. A new hampshire disability attorney can:

• Analyze medical and vocational evidence under 20 C.F.R. Part 404, Subpart P, Appendix 1 (the Listing of Impairments).

• Cross-examine vocational experts on occupation codes and job numbers in New Hampshire’s labor market.

• File timely objections and legal briefs anchored in First Circuit case law such as Seavey v. Barnhart, 276 F.3d 1 (1st Cir. 2001).

• Work on a contingency-fee basis capped at 25% of past-due benefits or $7,200, whichever is less (42 U.S.C. § 406(a)(2)(A)).

Local Resources & Next Steps

State and Community Supports

• NH Bureau of Vocational Rehabilitation – Provides employment services that can furnish supportive evidence of limited work capacity.

• 211 New Hampshire – Connects residents to housing, food, and mental health resources, critical for documenting daily living limitations.

• Granite State Independent Living (GSIL) – Offers peer counseling and independent living skills training; service records may corroborate functional limitations.

Key Takeaways for New Hampshire Claimants

• All appeal deadlines are strict—calendar 60 days.

• Use New Hampshire medical providers strategically to fill evidentiary gaps.

• Consider representation early; attorney fees come from back-pay, not out-of-pocket.

• Stay engaged: respond promptly to any SSA correspondence sent to your local field office address.

Authoritative External References

20 C.F.R. Part 404 – Federal Regulations SSA Disability Evaluation Under Social Security U.S. District Court – District of New Hampshire New Hampshire Bar Association Attorney Directory

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws and regulations change, and individual facts matter. Consult a licensed New Hampshire attorney for personalized guidance.

If your SSDI claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and claim review.