SSI and SSDI Denial Guide – New Hampshire, New Hampshire

SSDI and SSI Denials in New Hampshire: A Claimant-Focused Guide

Facing a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) denial in New Hampshire can be stressful, especially when your health prevents you from working and you rely on these benefits to meet basic needs. The good news is that most denials can be appealed, and federal law gives you defined rights and clear pathways to challenge an adverse decision. This guide explains the federal standards the Social Security Administration (SSA) must apply, the steps in the appeals process, deadlines you cannot miss, and practical tips tailored to New Hampshire residents. While we slightly favor protecting claimants, everything here is grounded in authoritative sources, including the Social Security Act, the Code of Federal Regulations (CFR), and official SSA guidance.

New Hampshire claimants are served by SSA’s Boston Region (Region I). SSA makes initial disability determinations via a state Disability Determination Services (DDS) unit using federal rules. If your SSDI or SSI claim was denied at any stage, you can appeal through reconsideration, a hearing before an administrative law judge (ALJ), Appeals Council review, and then federal court in the United States District Court for the District of New Hampshire under 42 U.S.C. § 405(g). Deadlines are short—generally 60 days from when you receive a denial notice—so acting promptly is critical.

Throughout this guide, we cite controlling legal standards and point you to official resources so you can verify the rules yourself. You’ll also find tips for securing medical evidence, communicating with your doctors, and preparing for each appeal stage. When in doubt, consider consulting a licensed New Hampshire attorney or a qualified representative to protect your rights and meet every filing deadline.

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Authoritative Resources

SSA: How to Appeal a Decision20 CFR 404.1520: Five-Step Sequential Evaluation20 CFR 404.909: Reconsideration and Time LimitsSSA Office Locator (Find NH Field Offices)New Hampshire Supreme Court: Bar Admissions

Understanding Your SSDI Rights in New Hampshire

SSDI is a federal disability insurance program under Title II of the Social Security Act. To qualify, you must: (1) have insured status based on your work history and earnings; (2) meet the federal definition of disability; and (3) be unable to engage in substantial gainful activity for at least 12 months or expected to result in death. The definition of disability comes from the Social Security Act at 42 U.S.C. § 423(d), and SSA applies it through federal regulations in 20 CFR Part 404, Subpart P.

Key elements of your rights and the claims process include:

• Right to a fair evaluation: SSA must apply the five-step sequential evaluation process for adult disability (20 CFR 404.1520). This framework ensures every claim is reviewed using the same nationwide standards.
• Right to appeal: If SSA denies your claim, you have a right to administrative review through multiple levels (20 CFR 404.900 et seq.; 20 CFR 416.1400 et seq. for SSI). You generally have 60 days from receipt of a decision to appeal to the next level (see 20 CFR 404.909 for reconsideration; 20 CFR 404.933 for ALJ hearings; 20 CFR 404.968 for Appeals Council review). SSA presumes you receive a decision 5 days after the date on the notice unless you show you received it later (20 CFR 404.901).
• Right to representation: You may appoint an attorney or other qualified representative at any stage (20 CFR 404.1705). Representatives’ fees must be approved by SSA (42 U.S.C. § 406(a); 20 CFR 404.1720–404.1725).
• Right to review and submit evidence: You can review your file and submit medical and other evidence. For hearings, SSA has a “5-business-day rule” for submitting evidence (20 CFR 404.935), though exceptions exist for good cause.
• Right to a written decision with reasons: Denial notices must explain the basis for the decision, your appeal rights, and deadlines.

SSI, a separate program under Title XVI of the Social Security Act for individuals with limited income and resources, uses the same medical disability standard for adults but different nonmedical (financial) rules. If you applied for both SSDI and SSI (a “concurrent” claim), each program is decided under its own eligibility criteria, but the medical evaluation is coordinated.

Common Reasons SSA Denies SSDI Claims

Even meritorious New Hampshire claims can be denied initially. Understanding common denial reasons helps you target your appeal effectively:

• Insufficient medical evidence: SSA needs objective evidence from acceptable medical sources detailing your diagnoses, symptoms, clinical findings, imaging/lab results, treatment history, and functional limitations. Missing records, infrequent treatment, or gaps can lead to denial (20 CFR 404.1512 outlines evidence requirements).
• Residual functional capacity (RFC) not restrictive enough: SSA assesses what you can still do despite impairments (RFC). If SSA finds you can perform past work (Step 4) or, considering your age, education, and work experience, can do other work in the national economy (Step 5), the claim is denied (20 CFR 404.1520; 20 CFR 404.1545 for RFC).
• Earnings above substantial gainful activity (SGA): If your work activity is above SGA, SSA will find you not disabled at Step 1. The SGA concept is set by regulation (20 CFR 404.1571–404.1576), with monthly amounts that SSA updates periodically; confirm current figures on SSA’s website.
• Noncompliance or failure to cooperate: Missing consultative examinations, not providing requested records, or failing to attend interviews can result in denials for insufficient evidence (20 CFR 404.1517–404.1519t on consultative exams; 20 CFR 404.1512 on evidence).
• Impairment(s) not severe or not expected to last 12 months: At Step 2, SSA denies claims if impairments are not severe or fail the duration requirement (20 CFR 404.1520(a)(4)(ii), 404.1509).
• Does not meet or equal a Listing: If your condition does not meet or medically equal the criteria in the Listing of Impairments (20 CFR Part 404, Subpart P, Appendix 1), SSA proceeds to RFC analysis; many denials occur here if the record does not document listing-level criteria.

Take denials as a signal to strengthen the record. For example, ask your treating specialists for detailed longitudinal notes, obtain imaging reports, and consider a functional assessment that aligns with SSA’s medical-vocational factors, including age categories (20 CFR 404.1563) and the Medical-Vocational Guidelines (20 CFR Part 404, Subpart P, Appendix 2).

Federal Legal Protections and Regulations That Apply to Your Appeal

Your SSDI appeal rights are grounded in federal statutes and regulations that apply equally to New Hampshire residents:

• Definition of disability: 42 U.S.C. § 423(d); 20 CFR 404.1505 sets the regulatory definition for Title II claims.
• Five-step sequential evaluation: 20 CFR 404.1520 governs the evaluation of adult disability claims.
• Evidence and developing the record: 20 CFR 404.1512 requires you to submit all evidence that relates to your disability; SSA also develops the record and may order consultative exams (20 CFR 404.1517–404.1519t).
• Administrative review process: 20 CFR 404.900–404.999 explains the four-step administrative review: reconsideration (20 CFR 404.909), hearing before an ALJ (20 CFR 404.929 and 404.933), Appeals Council review (20 CFR 404.967–404.981), and judicial review under 42 U.S.C. § 405(g).
• Deadlines and date of receipt: “You have 60 days to appeal” typically means 60 days from receipt, and SSA presumes you receive a notice 5 days after its date (20 CFR 404.901). Good cause standards for late filing appear in 20 CFR 404.911.
• Submitting evidence for hearings: You must submit or inform SSA about written evidence no later than 5 business days before the hearing (20 CFR 404.935), subject to good-cause exceptions.
• Right to representation and fees: You can appoint a representative (20 CFR 404.1705). Fees must be approved by SSA (42 U.S.C. § 406(a); 20 CFR 404.1720–404.1725). SSA’s fee agreement process caps standard fees subject to periodic updates; confirm current limits on SSA’s site.
• Medical-vocational rules: Age, education, and transferable skills are considered at Step 5 (20 CFR 404.1563–404.1568 and the Medical-Vocational Guidelines at 20 CFR Part 404, Subpart P, Appendix 2).

These protections ensure that, even if your initial decision is negative, you have multiple chances to present evidence and obtain a legally sound decision. Knowing the legal framework lets you advocate for the evidence SSA requires and the findings that the Act and regulations support.

Steps to Take Immediately After an SSDI Denial

Time is your most valuable asset once you receive a denial in New Hampshire. To protect your appeal:

• Mark your calendar: Note the date on the denial letter and add 5 days (the mailing presumption under 20 CFR 404.901). Your 60-day appeal window is measured from the date of receipt. If you can prove you received the notice later than the 5-day presumption, keep the envelope and any corroborating evidence. File as early as possible. Request reconsideration (first appeal level): File online or at your local SSA office. See SSA’s Appeal a Decision. For SSDI, reconsideration is governed by 20 CFR 404.909. For SSI, see 20 CFR 416.1409. Include any new medical evidence and explain what SSA got wrong.- Close the evidence gaps: Ask your treating providers for complete records covering onset through present. Request imaging and specialist reports directly. Seek a detailed medical source statement addressing your functional limitations relevant to work activities (sitting, standing, lifting, reaching, attendance, persistence, social interaction, and off-task time). Cite objective findings that align with your symptoms.
• Document symptoms and limitations: Keep a symptom diary. Be specific about frequency, duration, and functional impact. Consistency between your statements and clinical records helps credibility.
• Prepare for a hearing: If reconsideration is denied, request an ALJ hearing within 60 days (20 CFR 404.933). The ALJ independently reviews your case. You can submit additional evidence, testify, and cross-examine vocational or medical experts. Remember the 5-business-day evidence rule (20 CFR 404.935).
• Appeals Council review: If the ALJ denies your claim, request Appeals Council review within 60 days (20 CFR 404.968). The Appeals Council can deny review, remand, or issue a decision. Focus on legal errors, lack of substantial evidence, or new and material evidence for good cause.
• Federal court: If the Appeals Council denies review or issues an unfavorable decision, you can file a civil action within 60 days in the United States District Court for the District of New Hampshire under 42 U.S.C. § 405(g). The court reviews whether SSA applied the correct law and whether the decision is supported by substantial evidence.

Throughout each stage, keep SSA notified of address changes, respond promptly to requests, and retain copies of everything you submit. If you miss a deadline, you may request an extension for “good cause” (20 CFR 404.911), but extensions are not guaranteed, so timely filing is essential.

When to Seek Legal Help for SSDI Appeals in New Hampshire

While many claimants pursue appeals on their own, representation can be valuable—especially at the hearing level and beyond—because the issues involve complex vocational factors, medical expert testimony, and application of detailed regulations. Consider seeking help if:

• You have multiple or rare conditions and need help explaining how they combine to limit work capacity.
• Your case hinges on the Medical-Vocational Guidelines or borderline age categories (20 CFR 404.1563).
• Vocational evidence is critical (e.g., transferable skills or job numbers) and cross-examination of experts may be decisive.
• You face procedural hurdles, such as late evidence submission, prior denials, or onset-date disputes.

Who can represent you? Attorneys licensed in any U.S. jurisdiction and qualified nonattorney representatives may represent you before SSA (20 CFR 404.1705). In New Hampshire, only lawyers admitted by the New Hampshire Supreme Court may hold themselves out as New Hampshire attorneys. You can verify admissions and review bar admission rules through the New Hampshire Judicial Branch’s official resources: New Hampshire Supreme Court: Bar Admissions.Fees must be approved by SSA (42 U.S.C. § 406(a); 20 CFR 404.1720–404.1725). The standard fee-agreement process caps fees up to an SSA-published limit and requires approval before a representative can be paid from your past-due benefits. Confirm the current cap on SSA’s website.

Local Resources and Next Steps for New Hampshire Claimants

SSA field offices in New Hampshire. SSA operates field offices across the state, and your local office is your first point of contact for applications, appeals, and document submission. To find the closest office and confirm hours or services, use the official locator: SSA Office Locator. You can also begin appeals online via SSA’s Appeal a Decision.Regional administration. New Hampshire is served by SSA’s Boston Region (Region I), which oversees local operations, including hearings and field office services. The regional framework does not change your federal rights but helps explain where your case is processed.

Disability Determination Services (DDS). After you apply, a state DDS unit reviews your medical evidence and makes the initial and reconsideration determinations using federal rules. If DDS schedules a consultative examination, attend as requested and submit any additional records promptly.

Hearings and beyond. If you request a hearing, your case will be scheduled by SSA’s hearings operation serving New Hampshire. Your hearing notice will identify the assigned office and whether your hearing is in person, by video, or telephone. Always keep your contact information current to receive scheduling notices.

Federal court in New Hampshire. If you proceed to judicial review, you will file in the United States District Court for the District of New Hampshire pursuant to 42 U.S.C. § 405(g). This is a legal review, not a new hearing; the court examines whether the decision is supported by substantial evidence and whether correct legal standards were applied.

Practical Tips to Strengthen a New Hampshire SSDI Appeal

• Align medical records with the five-step analysis: Ask treating providers to document objective findings, functional limits, and prognosis tied to work-related activities (e.g., sit/stand tolerance, lifting limits, concentration, absenteeism).
• Address Listings directly when applicable: For conditions with well-defined criteria (e.g., certain musculoskeletal, neurological, or mental disorders), outline which listing sections apply and cite the specific clinical findings.
• Show longitudinal consistency: Long-term treatment records that show persistent symptoms and attempts at recommended treatment bolster credibility and RFC limitations.
• Prepare for vocational issues: Be ready to explain why you cannot perform past relevant work (Step 4) and how age, education, and lack of transferable skills limit other work options (Step 5; 20 CFR 404.1560–404.1568; Appendix 2).
• Meet every deadline: Use certified mail or upload portals where available, keep receipts, and track the 60-day windows at each stage.

Detailed Overview of Each Appeal Stage

Reconsideration (First-Level Administrative Appeal)

Deadline: 60 days from receipt of the initial denial (20 CFR 404.909; SSI 20 CFR 416.1409). SSA presumes receipt 5 days after the date on the denial letter (20 CFR 404.901).

What to submit: New medical records, clarifying statements, and provider opinions. If your condition has worsened or you have new diagnoses or imaging, include them. This is also the time to correct misunderstandings from the initial decision and to address any perceived inconsistencies.

Hearing Before an Administrative Law Judge (ALJ)

Deadline: 60 days from receipt of the reconsideration denial to request a hearing (20 CFR 404.933).

What to expect: A de novo review by an ALJ, who is not bound by prior determinations. You can submit evidence, testify, and question witnesses. SSA may call a vocational expert (VE) and sometimes a medical expert (ME). You must submit—or inform SSA about—written evidence no later than 5 business days before the hearing unless you show good cause (20 CFR 404.935).

Strategy: Prepare a prehearing brief that walks the ALJ through the five-step analysis, cites key regulations, and ties specific exhibit pages to your RFC limitations. Anticipate VE hypotheticals and be ready to challenge job-number estimates or transferability assumptions.

Appeals Council Review

Deadline: 60 days from receipt of the ALJ’s decision (20 CFR 404.968).

Scope: The Appeals Council reviews for errors of law, abuse of discretion, findings not supported by substantial evidence, broad policy or procedural issues, or qualifies new and material evidence for good cause. Outcomes include denial of review, remand, or an adverse/favorable decision.

Strategy: Focus on legal and evidentiary errors. For example, cite failure to apply 20 CFR 404.1520 correctly, misapplication of the 5-day evidence rule, or reliance on vocational testimony without adequate foundation. Support arguments with pinpoint citations to the record.

Federal Court (District of New Hampshire)

Deadline: 60 days from receipt of the Appeals Council’s final action to commence a civil action under 42 U.S.C. § 405(g).

Scope: The court reviews the administrative record; it does not take new evidence. The standard is whether the ALJ’s decision is supported by substantial evidence and applies the correct legal standards. Remedies typically include remand for a new hearing or, rarely, reversal with an award of benefits when the record compels that result.

Strategy: Frame issues around regulatory compliance, evidentiary support, and harmful error. Preserve arguments during administrative proceedings to strengthen your judicial review posture.

Special Considerations for Concurrent SSDI/SSI Claims

Many New Hampshire residents file concurrent SSDI and SSI applications. While the disability standard is the same for adults, SSI has means-tested rules for income and resources. Some key points:

• Appeal both determinations: If both are denied, ensure your appeals cover each program. SSI deadlines are in 20 CFR 416.1409 (reconsideration), 416.1433 (hearings), and 416.1468 (Appeals Council).
• Offset and payment differences: SSI payments consider countable income and resources. Even if you win SSDI, SSI may adjust based on your ongoing income or benefits; verify details with SSA.
• Medical evidence is shared: The same medical record typically supports both claims, but keep track of nonmedical eligibility differences and report changes promptly.

Your Rights During the Process

• Notice and access: You have the right to written decisions explaining the basis for denial and your appeal rights, and to access your claims file upon request.
• Representation: You can appoint an attorney or qualified representative at any time (20 CFR 404.1705). SSA must approve representative fees (42 U.S.C. § 406(a); 20 CFR 404.1720–404.1725).
• Evidence submission: You can submit any evidence that relates to your disability (20 CFR 404.1512). For hearings, comply with the 5-business-day rule (20 CFR 404.935) or explain good cause.
• Interpretation and language services: SSA provides interpretation services at no cost when needed to ensure meaningful participation.
• Reasonable accommodation: If you require accommodation due to disability, inform SSA so they can facilitate participation in interviews or hearings.

How New Hampshire Location Affects Your Case

SSDI and SSI are federal programs, so the legal standards and appeal structure are uniform nationwide. However, several practical factors are local to New Hampshire:

Field office logistics: Your local New Hampshire SSA field office is your primary in-person resource for filing, submitting documents, and asking procedural questions. Use the SSA Office Locator for accurate office information, hours, and services.- Regional oversight: The Boston Region manages SSA operations covering New Hampshire. This affects where your case is processed and where hearings may be scheduled, but not the federal legal standards.

• Federal court venue: If your case proceeds to court, you will file in the United States District Court for the District of New Hampshire, under the federal judicial review statute (42 U.S.C. § 405(g)).

Checklist: Building a Strong New Hampshire SSDI Appeal

• Calendar each deadline and keep the envelope from SSA notices (for mailing-date proof).
• Request complete medical records from all treating sources; track what you requested and received.
• Ask your treating physician(s) for a detailed functional capacity statement tied to objective findings.
• Submit updated evidence early and confirm receipt; follow 20 CFR 404.935 for hearing-stage submissions.
• Prepare testimony focusing on functional limits, consistency over time, and treatment adherence.
• Anticipate vocational issues: past work demands, transferable skills, and job-number reliability.
• Consider representation, especially before the hearing and on judicial review.

FAQs for New Hampshire Claimants

How long do I have to appeal an SSDI denial?

Generally, 60 days from when you receive the decision. SSA presumes you receive it 5 days after the date on the notice unless you can show later receipt (20 CFR 404.901, 404.909, 404.933, 404.968). File as early as possible and keep proof of filing.

Do I have to stop working completely to qualify?

Not necessarily, but if your earnings exceed substantial gainful activity (SGA) thresholds, SSA will likely find you not disabled at Step 1 (20 CFR 404.1571–404.1576). Check current SGA amounts on SSA’s official site.

What if I miss a deadline?

You can request an extension for good cause (20 CFR 404.911), but approval is not assured. Provide detailed reasons and supporting documentation.

Can I hire a New Hampshire attorney?

Yes. Attorneys admitted by the New Hampshire Supreme Court may practice law in New Hampshire. You may also be represented by attorneys licensed in other states or qualified nonattorney representatives before SSA (20 CFR 404.1705). All fees are subject to SSA approval (42 U.S.C. § 406(a); 20 CFR 404.1720–404.1725). Verify New Hampshire admissions via the state’s official resources: NH Bar Admissions.### What evidence is most persuasive?

Objective medical findings linked to specific functional limitations, consistent longitudinal treatment records, and well-supported opinions from treating specialists that tie symptoms to work-related limitations often carry significant weight. Organize submissions to mirror the five-step framework (20 CFR 404.1520) and, where applicable, the Listings (Appendix 1 to Subpart P of Part 404).

Step-by-Step Filing Tools for New Hampshire Residents

Locate your field office: Use the SSA Office Locator to confirm your nearest New Hampshire office and its current hours.File your appeal online: Start at SSA: Appeal a Decision and follow the instructions for reconsideration or hearing requests.- Compile evidence: Ask each provider for complete records; track what you receive; submit early and verify SSA’s receipt. For hearing-level cases, follow 20 CFR 404.935 or state your good cause if you cannot meet the 5-day deadline.

• Consider representation: If you choose an attorney or qualified representative, file the appointment form, ensure they have full access to your file, and discuss a strategy aligned with 20 CFR 404.1520 and the Medical-Vocational Guidelines.

Conclusion

SSDI and SSI denials are not the end of the road for New Hampshire claimants. Federal law gives you multiple opportunities to present evidence and correct errors, from reconsideration through federal court. Protect yourself by filing on time, aligning your evidence with the five-step analysis, and seeking professional help where needed. Always rely on official rules and authoritative sources to guide your decisions.

Legal Disclaimer

This guide provides general information for New Hampshire residents and is not legal advice. Laws and regulations change, and application to your specific facts may differ. Consult a licensed New Hampshire attorney or qualified representative for advice about your situation.

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