SSI vs SSDI: Denial Appeal Guide – New Hampshire, NH

Introduction: Why SSDI Denials Matter in New Hampshire

Receiving a Social Security Disability Insurance (SSDI) denial can be devastating, especially when you live in a smaller state like New Hampshire and depend on every dollar to keep a roof over your head. The Granite State’s aging workforce, seasonal industries, and rural pockets mean many residents rely on disability benefits when illness or injury prevents them from working. According to the Social Security Administration’s (SSA) OASDI State Data 2023, more than 35,000 New Hampshire residents collect some form of disability-based Social Security benefit. However, first-time SSDI applications are frequently denied—nationally, roughly 67% are rejected at the initial stage. If your claim has been refused, you still have robust federal appeal rights, but strict deadlines apply. This guide explains—step by step—how to protect those rights, with a slight but evidence-backed bent toward helping claimants secure the benefits they earned through years of payroll contributions.

Understanding Your SSDI Rights

Who Qualifies for SSDI?

SSDI is an insurance program funded by your FICA (Federal Insurance Contributions Act) taxes. To qualify, you must:

• Have a medically determinable impairment expected to last at least 12 months or result in death (20 C.F.R. § 404.1505).

• Prove you cannot engage in substantial gainful activity (SGA) because of that impairment.

• Show sufficient “work credits,” which vary by age (generally 20 credits earned in the 10 years before disability onset).

SSDI differs from SSI (Supplemental Security Income). SSI is a needs-based program for low-income individuals, while SSDI is insurance that you paid into. Understanding which program you applied for—and whether you may be eligible for both—helps you craft a stronger appeal.

Key Federal Protections

Two core federal laws guard your access to benefits:

• Social Security Act § 223(d) (42 U.S.C. 423(d))—defines disability and work history requirements.

• Social Security Act § 205(b) (42 U.S.C. 405(b))—guarantees due-process hearings after an adverse SSA determination.

Together with the Code of Federal Regulations Subpart J, these statutes give you the right to a multi-level administrative appeal, representation by counsel, and federal court review.

Common Reasons SSA Denies SSDI Claims

Understanding why claims fail helps you fix weaknesses on appeal. SSA denial notices typically cite one or more of the following:

• Insufficient medical evidence—missing diagnostic tests, specialist notes, or objective findings.

• Ability to perform past relevant work—SSA found you can still do work you performed in the last 15 years (20 C.F.R. § 404.1520(f)).

• Ability to adjust to other work—for claimants under age 50, SSA may conclude you can transition to lighter work using the Medical-Vocational Guidelines.

• Failure to follow prescribed treatment without good cause (20 C.F.R. § 404.1530).

• Technical issues—not enough recent work credits, application filed after insurance status expired, or earnings above SGA level ($1,550/mo for non-blind individuals in 2024).

In New Hampshire, denials also stem from claimants receiving care at multiple small clinics that do not transmit electronic records efficiently to SSA’s Disability Determination Services (DDS) in Concord. Knowing this systemic issue lets you obtain and submit complete records yourself.

Federal Legal Protections & Regulations

The Four-Level Administrative Appeal

The SSA’s published rules, primarily 20 C.F.R. § 404.900, outline four sequential appeal steps:

• Reconsideration—file within 60 days (plus 5 mailing days). A new DDS team reviews your file.

• Administrative Law Judge (ALJ) Hearing—request within 60 days of a reconsideration denial. Hearings for New Hampshire residents are assigned to the Manchester Office of Hearings Operations (OHO); video hearings are also available.

• Appeals Council Review—within 60 days of an ALJ decision, you may ask the Council in Falls Church, Virginia, to review legal or factual errors (20 C.F.R. §§ 404.967–404.981).

• Federal District Court—within 60 days of Appeals Council denial or dismissal, you can file a civil action in the U.S. District Court for the District of New Hampshire under 42 U.S.C. § 405(g).

Each level allows you to submit new evidence, challenge SSA exam results, and call witnesses. Missing any deadline almost always ends your claim, so mark your calendar the day a denial arrives.

Representative Rights & Attorney Fees

Under SSA’s representative regulations, you may appoint an attorney licensed in any U.S. state, including New Hampshire. Fees are typically capped at 25% of back benefits, not to exceed $7,200 (adjusted periodically). The fee must be approved by SSA, ensuring transparency.

Steps to Take After an SSDI Denial

1. Read the Denial Notice Carefully

The notice lists medical exhibits, work history rationale, and the 60-day deadline. Highlight every factual statement you disagree with.

2. File a Written Request for Reconsideration

Use SSA Form 561 or MySSA online. In New Hampshire, paper requests should be mailed or delivered to your local field office (addresses below) to avoid mailing delays from rural areas.

3. Collect Missing Medical Evidence

Ask your physicians for narrative letters linking your symptoms to functional limitations (e.g., inability to stand more than 20 minutes). SSA regulations (20 C.F.R. § 404.1513) allow evidence from treating nurse practitioners and physician assistants; this is helpful because many New Hampshire towns lack specialty physicians.

4. Track Prescribed Treatments and Compliance

If you missed appointments due to cost, document that you lacked insurance or transportation. Good cause exceptions under 20 C.F.R. § 404.1530(b) can preserve your claim.

5. Prepare for the ALJ Hearing Early

• Request your electronic folder (E-Folio) from SSA to review all exhibits.

• Draft a pre-hearing brief citing the Medical-Vocational Rules (Grid Rules) that most favor your age, education, and residual functional capacity.

• Locate vocational witnesses who can explain why your work skills do not transfer to sedentary jobs common in New Hampshire, such as telemarketing.

6. Maintain Consistent Treatment

Even a gap of three months can hurt your claim. If cost is an issue, consider charitable programs at Dartmouth Health, Catholic Medical Center, and the Harbor Care Health & Wellness Clinic in Nashua.

When to Seek Legal Help for SSDI Appeals

While you may represent yourself, statistics show claimants with attorneys win at higher rates—especially at the ALJ level. Consider hiring counsel if:

• You have multiple impairments and need help coordinating medical records.

• You receive a partially favorable decision and must contest onset dates.

• Your case involves substance use, a closed period of disability, or complex vocational evidence.

• You cannot travel easily to the Manchester SSA hearing office and need a video appearance arranged.

New Hampshire attorneys must be licensed by the New Hampshire Supreme Court’s Office of Bar Admissions. If your appeal proceeds to federal court, counsel must also be admitted to the U.S. District Court for the District of New Hampshire (Local Rule 83.2).

Local Resources & Next Steps

Key SSA Field Offices in New Hampshire

Manchester SSA Office 1100 Elm St., Suite 201, Manchester, NH 03101 Concord SSA Office 70 Commercial St., Suite 100, Concord, NH 03301 Nashua SSA Office 175 Amherst St., Suite 2, Nashua, NH 03064 Portsmouth SSA Office 80 Daniel St., Room 110, Portsmouth, NH 03801

Call ahead (800-772-1213) or check SSA’s office locator for hours and appointment requirements.

State & Non-Profit Support

New Hampshire Governor’s Commission on Disability—advocacy and accommodation guidance. New Hampshire Legal Aid—may assist low-income applicants with paperwork. Granite YMCA Social Services—transportation to medical appointments.

Checklist Before You File Your Appeal

• Mark your 60-day deadline on a calendar.

• Request and review your full SSA file.

• Update medical records and obtain supportive doctor statements.

• Complete SSA Form 827 (Authorization to Disclose Information).

• Submit the appeal online or at a local office—and keep proof of submission.

Legal Disclaimer: This guide provides general information for New Hampshire residents. It is not 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.