Working While on SSDI: New Hampshire, NH Guide

Introduction: Why This Guide Matters to New Hampshire Claimants

Receiving a Social Security Disability Insurance (SSDI) denial can feel overwhelming, especially when you live in a smaller state such as New Hampshire (NH). According to the Social Security Administration’s (SSA) latest Annual Statistical Report, roughly 46,000 Granite Staters rely on SSDI benefits.^1 Yet initial approval rates nationwide hovered at 36% in 2023, and New Hampshire’s numbers tracked close to that average. The good news is that denials are not the end of the road. NH residents have robust federal appeal rights, and most successful appeals happen only after the reconsideration or hearing stage. This comprehensive 2,500-plus-word guide explains how to protect your rights, continue working when possible, and navigate every step of the appeals process from Manchester to the White Mountains.

Whether you filed online from Concord or mailed an application from Portsmouth, the rules are identical because SSDI is a federal benefit. Still, understanding local SSA offices, New Hampshire hearing locations, and state-specific resources can make a decisive difference. We cite only authoritative sources—SSA Program Operations Manual System (POMS), 20 C.F.R. Part 404, the Social Security Act, and published federal cases—to keep your strategy fact-based and persuasive.

Understanding Your SSDI Rights

The Federal Safety Net, Localized

SSDI is administered nationally under Title II of the Social Security Act. If you have worked sufficient quarters and now face a severe, medically determinable impairment expected to last at least 12 months or result in death (42 U.S.C. § 423(d)), you have a right to apply. Importantly, you also have a right to:

• A written notice explaining any unfavorable decision (42 U.S.C. § 405(b)(1)).

• Request reconsideration within 60 days of receipt (SSA presumes you receive a letter five days after the date on the notice).

• Be represented by an attorney or qualified representative at every level of appeal (20 C.F.R. § 404.1705).

• Continue to work within strict earnings limits—called Substantial Gainful Activity (SGA)—without automatically forfeiting your claim.

Working While Your Claim Is Pending

Many New Hampshire residents take part-time or seasonal jobs, particularly in tourism and retail. Fortunately, federal rules encourage attempts to work:

• Trial Work Period (TWP): Under 20 C.F.R. § 404.1592, you may test your ability to work for up to nine non-consecutive months in a rolling 60-month window while still receiving benefits—if you are already entitled to SSDI.

• Extended Period of Eligibility (EPE): Even after a successful TWP, you can receive any month’s benefit where your countable earnings fall below SGA, for 36 consecutive months.

• SGA Levels for 2024: $1,550 per month for non-blind claimants; $2,590 for statutorily blind claimants.^2 Keep pay stubs; SSA will request them.

Bottom line: attempting to work does not automatically sink your claim, but exceeding SGA will. Document everything and consult a qualified New Hampshire disability attorney before re-entering the workforce.

Common Reasons SSA Denies SSDI Claims

Medical Insufficiency at the Initial Level

Most denials in NH mirror national trends:

• Lack of Objective Evidence: Missing MRI scans, blood work, or recent physician notes.

• Failure to Meet a Listing: 20 C.F.R. Part 404, Subpart P, Appendix 1 contains strict medical criteria. If your evidence falls short, SSA evaluates residual functional capacity (RFC) under 20 C.F.R. § 404.1545.

• Duration Requirement: Condition not expected to last 12 months.

• Substantial Gainful Activity: Earnings over the SGA limit during the alleged onset period.

Technical or Non-Medical Denials

New Hampshire’s workforce is heavy on seasonal jobs and small businesses. That increases risk of:

• Insufficient Work Credits: You generally need 20 credits earned in the 10 years prior to disability onset (20 C.F.R. § 404.130).

• Income Above SGA during the filing period.

• Administrative Errors: Incorrect earnings record, missing signature pages, or misfiled forms.

Requesting and reviewing your certified earnings record from SSA’s my Social Security portal can avoid many technical denials.

Federal Legal Protections & Regulations

Sequential Evaluation Process

All disability claims undergo the five-step test laid out in 20 C.F.R. § 404.1520:

• Are you performing SGA?

• Is your impairment “severe”?

• Does it meet or equal a Listing?

• Can you perform past relevant work (20 C.F.R. § 404.1565)?

• Can you adjust to other work in the national economy?

At steps 4–5, SSA relies heavily on the Medical-Vocational Guidelines (“Grid Rules”), which take age, education, and transferable skills into account. New Hampshire’s older-than-average population (median age 43.1) may benefit from favorable rules that make it easier for workers over 50 to qualify when limited to sedentary work.

Key Federal Deadlines

• Request for Reconsideration: 60 days from receipt (20 C.F.R. § 404.909).

• Hearing before an Administrative Law Judge (ALJ): 60 days after the reconsideration denial (20 C.F.R. § 404.933).

• Appeals Council Review: 60 days from ALJ decision (20 C.F.R. § 404.968).

• Federal District Court: 60 days after Appeals Council action (42 U.S.C. § 405(g)).

Missing a deadline usually ends your claim unless you show good cause—for example, hospitalization or mental incapacity (20 C.F.R. § 404.911).

Steps to Take After an SSDI Denial

1. Read the Denial Letter Carefully

Every denial notice includes a technical rationale—a multi-page explanation of the medical or technical reasons for the decision. Highlight key statements such as:

• “We did not receive objective evidence after XX/XX/20XX.”

• “You can return to past relevant work as a cashier.”

2. File Form SSA-561 Within 60 Days

Submit a Request for Reconsideration (SSA-561) online or at a New Hampshire SSA field office. If mailing, use certified mail and keep copies.

3. Update Your Medical Records

Forward new treatment notes from Dartmouth-Hitchcock Medical Center, Catholic Medical Center in Manchester, or other providers. SSA will collect records if you list them, but proactive submission prevents delays.

4. Track Your Work Activity

Store every pay stub, W-2, and 1099. If you exceed the monthly TWP or SGA threshold, include an Unsuccessful Work Attempt statement (20 C.F.R. § 404.1574(c)) explaining why you stopped.

5. Prepare for an Administrative Hearing

New Hampshire ALJ hearings are held at the Office of Hearings Operations (OHO) in Manchester:

• Address: 1750 Elm Street, Suite 303, Manchester, NH 03104

• Phone: 1-888-397-9793

You may appear in person or via video teleconference (VTC). Typical wait time from hearing request to decision in NH is 9–12 months, slightly below the national average.

When to Seek Legal Help for SSDI Appeals

Although you may represent yourself, studies published in the Federal Register show attorney-represented claimants are nearly three times more likely to win at the ALJ stage. New Hampshire attorneys are licensed by the NH Supreme Court Office of Bar Admissions and must follow N.H. Rules of Professional Conduct. Federal regulations cap fees at 25% of past-due benefits or $7,200, whichever is less (20 C.F.R. § 404.1730).

Consider hiring counsel when:

• Your condition involves complex medical evidence (e.g., multiple sclerosis, fibromyalgia, mental health).

• You worked above SGA and must argue an Unsuccessful Work Attempt.

• You need to cross-examine SSA’s vocational expert.

Local Resources & Next Steps

SSA Offices in New Hampshire

• Manchester Field Office: 1100 Elm St., Suite 201, Manchester, NH 03101

• Concord Field Office: 70 Commercial St., Suite 100, Concord, NH 03301

• Portsmouth Field Office: 80 Daniel St., Room 210, Portsmouth, NH 03801

Call SSA at 1-800-772-1213 before visiting; some services require appointments.

State & Non-Profit Assistance

ServiceLink Aging & Disability Resource Centers – Benefit counseling and referrals. Disability Rights Center – NH – Free legal advocacy in select cases. New Hampshire Disability Determination Services – The state agency that makes initial decisions for SSA.

Key Takeaways

• File all appeals on time—60-day deadlines are strict.

• Working within TWP limits can preserve your claim; exceeding SGA can derail it.

• Attorney representation greatly improves success rates.

• Use local NH medical providers and SSA offices to keep your file up-to-date.

For further reading, consult these authoritative sources:

20 C.F.R. Part 404 – Federal Disability Regulations SSA Listing of Impairments (Blue Book) SSA Appeals Process Overview

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always 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.