Key Takeaways
- The Disability Appeals Council (DAC) is the second level of appeal after an Administrative Law Judge (ALJ) denies your Social Security disability claim.
- In New Hampshire, the DAC process follows strict federal guidelines but has local nuances such as hearing office wait times and approval rates.
- You must request a review by the Appeals Council within 60 days of your ALJ decision to preserve your right to appeal.
- If the Appeals Council denies your request or affirms the ALJ’s decision, your next step is to file a lawsuit in the U.S. District Court.
- Understanding the DAC process and deadlines is crucial to avoid losing your chance for benefits.
Understanding the Disability Appeals Council
When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you start with a claim filed at the local Social Security Administration (SSA) office. If your claim is denied initially and again at the reconsideration level, you then request a hearing before an Administrative Law Judge (ALJ). If the ALJ also denies your claim, you are not out of options — the Disability Appeals Council (DAC) is your next step.
The DAC is a federal review body that operates nationally but considers appeals from all states, including New Hampshire. It reviews ALJ decisions for errors of law, factual mistakes, or if there are new, materially relevant medical records that were not before the ALJ. The DAC has the authority to:
- Grant your appeal and reverse or modify the ALJ’s decision,
- Deny your appeal and uphold the ALJ’s decision, or
- Remand the case back to the ALJ for further proceedings.
How the Disability Appeals Council Fits Into the New Hampshire Disability Process
Step-by-Step Appeals Process
1. Initial Application: File for SSDI or SSI benefits.
2. Initial Denial: SSA denies your claim.
3. Reconsideration: Request a review; often denied again.
4. ALJ Hearing: Request a hearing before an Administrative Law Judge.
5. ALJ Decision: If denied, you have 60 days to appeal to the Disability Appeals Council.
6. Disability Appeals Council Review: DAC reviews your appeal.
7. Final Decision: If DAC denies or upholds ALJ, you can file a federal lawsuit.
Important Deadlines
You must request the DAC review within 60 days of receiving the ALJ decision. This deadline is strict and missing it usually means losing your right to appeal.
Requesting a Review from the Disability Appeals Council in New Hampshire
How to File Your Request
In New Hampshire, you file your request for DAC review online through the SSA’s official website, by mail, or by fax. The SSA form you use for this is typically a written letter or a completed Form HA-520-U5 (Request for Review of Hearing Decision/Order), although most applicants simply submit a written request referencing their ALJ decision.
You should include:
- Your full name, Social Security number, and contact information
- A copy of the ALJ decision if available
- A clear statement that you are requesting review by the Disability Appeals Council
- Any new evidence that was not before the ALJ (optional but helpful)
Mailing Address for DAC Requests
Send your request to:
Disability Adjudication and Review
Office of Disability Adjudication and Review
SSA Appeals Council
P.O. Box 17785
Baltimore, MD 21235-7785
Fax: 844-586-2830
What Happens After You Request a Disability Appeals Council Review?
Once your request is received, the DAC will review your case file. DAC staff attorneys and judges examine:
- The ALJ’s decision and reasoning
- The complete administrative record
- Any new evidence submitted
- Whether the ALJ followed SSA rules and regulations
Possible Outcomes of DAC Review
| Outcome | Description | What It Means For You |
|———————–|————————————————————-|———————————————–|
| Grant your appeal | DAC finds errors or new evidence supports benefits | Your case is approved, and benefits awarded |
| Deny your appeal | DAC finds the ALJ decision was correct and denies review | Your ALJ denial stands; you can appeal to federal court |
| Remand | DAC sends case back to ALJ for further review or new hearing| Your case gets another hearing or review with additional evidence |
New Hampshire-Specific Data on Disability Appeals Council
The appeals process timelines and approval rates fluctuate widely by state and hearing office. Understanding these local specifics can help set realistic expectations.
| Metric | New Hampshire (NH) | National Average |
|——————————-|——————————————–|——————————————–|
| Average wait time for ALJ hearing | ~12-14 months (Boston Hearing Office serves NH) | ~12 months |
| DAC Review Average Processing Time | 4-6 months | 4-6 months |
| ALJ Approval Rate | ~50% (varies by case type) | ~55% |
| DAC Grant Rate | Approx. 10-15% of appeals | Approx. 15% |
Data as of 2024 based on SSA.gov and local hearing office reports.
Tips for a Successful Disability Appeals Council Review in New Hampshire
Submit New and Relevant Evidence
The DAC is more likely to grant your appeal if you provide new, material evidence that was not considered by the ALJ. This might include:
- Updated medical records from your treating doctors
- New test results or diagnostic imaging
- Statements from your physicians explaining how your impairments affect your ability to work
Be Clear and Concise in Your Request
Explain why the ALJ decision was incorrect or incomplete. Common reasons include:
- The ALJ did not properly evaluate your medical evidence
- The ALJ failed to follow SSA’s Blue Book listings (see SSA Blue Book for New Hampshire conditions)
- New evidence supports a finding of disability
Understand the DAC is Not a New Hearing
Unlike the ALJ hearing, the DAC does not take new testimony or hold oral hearings. It reviews the existing record plus any new evidence you submit in writing.
What to Do if the Disability Appeals Council Denies Your Appeal
If the DAC denies your request for review or upholds the ALJ denial, your final option is to file a civil lawsuit in the U.S. District Court. This is a federal court located in New Hampshire’s District, typically in Concord or Manchester.
Important Considerations
- You must file your lawsuit within 60 days of the DAC denial.
- This process requires legal knowledge of federal disability law.
- Many claimants benefit greatly from hiring an experienced disability attorney at this stage.
How to Get Help with Your Disability Appeals Council Case in New Hampshire
Navigating the DAC can be confusing and intimidating, especially if you are dealing with serious health issues. Here are some resources for New Hampshire residents:
- Legal Services of New Hampshire: Provides free or low-cost legal help for disability appeals.
- New Hampshire Bar Association Lawyer Referral Service: Connects you with private attorneys experienced in disability law.
- Social Security Advocacy Groups: Organizations like the National Organization of Social Security Claimants’ Representatives (NOSSCR) can help you find qualified advocates.
Summary Table: Appeals Process and Timelines in New Hampshire
| Step | Action | Typical Timeframe | Notes |
|——————————-|——————————-|——————————–|———————————–|
| Initial Application | File claim | Immediate | Done at SSA local office or online|
| Initial Denial | Receive denial | ~3 months | |
| Reconsideration | Request review | ~3 months | Often denied |
| ALJ Hearing | Request hearing | Wait ~12-14 months | Boston Hearing Office serves NH |
| ALJ Decision | Receive decision | 1-3 months after hearing | |
| Disability Appeals Council | Request review (within 60 days) | Review takes 4-6 months | Must submit new evidence if possible|
| Federal Court Lawsuit | File within 60 days of DAC denial | Varies | Requires attorney |
Frequently Asked Questions
1. How long does the Disability Appeals Council take to make a decision in New Hampshire?
The DAC typically takes about 4 to 6 months to review and decide on your appeal after receiving your request.
2. Can I submit new medical evidence during the DAC appeal?
Yes, submitting new and relevant medical evidence can strengthen your appeal. However, the DAC does not hold hearings or accept new testimony.
3. What happens if I miss the 60-day deadline to request DAC review?
Missing the 60-day deadline usually means you lose your right to appeal the ALJ decision, and your case is closed. It is critical to act promptly.
4. Where do I file a federal lawsuit if the DAC denies my appeal?
You file your lawsuit in the U.S. District Court for the District of New Hampshire, typically located in Concord or Manchester.
5. Should I hire an attorney for the DAC appeal or federal court?
While not required, hiring an experienced disability attorney significantly improves your chances of success, especially in federal court.
Final Thoughts
The Disability Appeals Council is a vital step in the Social Security disability appeals process, especially in New Hampshire where wait times and approval rates can vary. If you have received an unfavorable ALJ decision, do not lose hope. Act quickly to request DAC review within 60 days, gather new evidence if possible, and consider the help of a qualified disability attorney to guide you.
Navigating the Social Security disability system is complex and emotionally taxing. You deserve clear, straightforward advice and strong advocacy to ensure your claim is given full and fair consideration. If you are overwhelmed or uncertain about your next steps, reach out to a disability attorney who understands New Hampshire’s unique process and can fight for your benefits.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.