New Hampshire DHHS Fair Hearing: How to Appeal a Medicaid Denial
You Have 30 Days
Every DHHS denial, termination, or reduction notice includes a right to a Fair Hearing. The written request must be received by the Administrative Appeals Unit within 30 calendar days of the mail date printed on the Notice of Decision. For a procedural closure caused by missing verifications, the case can be reopened without a new application if the missing information is provided within 30 days of closure.
If the notice terminates existing benefits and you want coverage to continue while the appeal is pending, file within 10 days of the notice date or before the effective date of closure, as applicable. That distinction matters for someone on QMB whose Part B premium and billing protections are about to disappear.
What a Fair Hearing Is
A Fair Hearing is an administrative proceeding conducted by the DHHS Administrative Appeals Unit (AAU). It's not a courtroom trial. An impartial hearing officer reviews the facts, hears from both the applicant and the DHHS caseworker, and issues a written decision.
Hearings are conducted by telephone or in person at a designated regional office. The hearing officer reviews the case and issues a written decision.
How to Request a Fair Hearing
By email: Send the request to [email protected]. Include the applicant's name, case number (printed on the Notice of Decision), the date of the denial, and a brief explanation of why you believe the decision is wrong.
By mail: Write to the DHHS Administrative Appeals Unit at the address printed on the denial notice. Include the same information.
By phone: Call 1-844-275-3447 (1-844-ASK-DHHS) with procedural questions. The hearing request itself must be submitted in writing to the AAU and received within the deadline.
Keep a copy of the written request and proof that the AAU received it within the deadline.
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Common Reasons to Appeal
Not every denial is wrong, but several common scenarios are worth challenging:
Income or resource miscalculation. DHHS didn't properly apply the $20 general income disregard, or counted a retroactive Social Security Fairness Act payment as a resource during its nine-month exclusion even though it was kept in a separate account without commingling. The payment counts as unearned income in the month received.
Missing documents. You submitted verifications, but they weren't processed in time — lost in the Centralized Scanning Unit, misrouted on NH EASY, or received after the deadline because of mail delays. If you have proof of timely submission (NH EASY timestamps, certified mail receipt), this is a strong appeal.
COLA-related cutoff. A January or February denial based on income exceeding the threshold solely because of the annual Social Security cost-of-living adjustment. DHHS policy requires holding cases open during the January-March gap — if they closed it instead, the appeal should succeed.
Asset miscount. A resource was counted that should have been excluded — home equity, a primary vehicle, burial funds under $1,500, or a retirement account in periodic payment status.
Preparing for the Hearing
Gather everything:
- The original Notice of Decision
- All documents you submitted with the application or renewal
- Proof of timely submission (timestamps, mail receipts)
- A current Social Security benefit statement showing gross income
- Current bank statements
- Any correspondence with the caseworker
Write a brief summary of why the decision is incorrect. Be specific: "The notice lists gross unearned income of $1,365 but does not reflect the $20 general income disregard, which would reduce countable income to $1,345, below the single QMB limit of $1,350."
Getting Help
ServiceLink (New Hampshire's SHIP program) provides free counseling and can help you understand whether a denial is worth appealing. They cannot represent you at the hearing but can help organize your case.
603 Legal Aid offers free legal assistance to eligible New Hampshire residents. For seniors facing benefit termination, 603 Legal Aid may assign an attorney to represent them at the Fair Hearing — at no cost.
If the deadline is days away and you're not sure whether to appeal, file the request now and sort out the details later. Filing preserves your rights; missing the deadline eliminates them.
Our New Hampshire Medicare Savings Programs & Extra Help Guide includes Fair Hearing request templates, a timeline tracker, and a checklist of documents to bring to the hearing.
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Download the New Hampshire — Medicare Savings Program Eligibility Checklist — a printable guide with checklists, scripts, and action plans you can start using today.