Skip to content
USA Info Hub
Health insurance & careHow to13 min read · verified

How to appeal a denied insurance claim

A denial is a first-pass decision, often automated, and you have a legal right to have it reviewed — including by someone outside the insurer. Most people never appeal, which is precisely why appealing works.

Short answer

Read the denial letter for the stated reason and the appeal deadline, then file an internal appeal in writing with your insurer. If that fails, request an independent external review, whose decision binds the insurer. Medicare, Medicaid and marketplace coverage each have their own separate appeal tracks with their own deadlines.

A denied claim feels like a verdict. It is closer to a first draft. Health claims in particular are processed at enormous volume against coding rules and coverage criteria, and a large share of denials arise from something procedural — a code that did not match a diagnosis, a missing prior authorisation, a provider recorded as out of network, a service billed under the wrong place-of-service. None of that reflects a judgement about whether you needed the care.

You have specific legal rights here, and they are stronger than most people realise. For most health plans, federal law guarantees an internal appeal to the insurer and then an independent external review by someone who does not work for them and whose decision the insurer must follow. That second stage is the one with real force, and it is the one most people never reach.

The reason it works is uncomfortable but worth stating plainly. Only a small fraction of denials are ever appealed. An appeal is the point at which a human being reads your specific case for the first time, usually with a clinician involved, and applies the plan's own criteria to your actual circumstances rather than to a claim record. That is a meaningfully different process from the one that produced the denial.

Property and casualty claims — home, auto, renters — work on an entirely different system, with no federal external review, and are policed by your state insurance department instead. The tactics that work there are different, and the page covers both.

Why claims get denied, and why the reason matters more than the fact

Denials fall into categories, and the category determines the strategy. Administrative denials are the largest group: a wrong or outdated procedure code, a diagnosis code that does not support the procedure billed, missing information, a duplicate submission, or a claim filed after the plan's filing deadline. These are the easiest to overturn because nothing substantive is in dispute.

Eligibility denials say the plan did not cover you on that date, or that the service is excluded by the policy. Sometimes this is simply wrong — coverage that had started, a dependent recorded incorrectly, a plan change that had not propagated — and sometimes it is an exclusion you did not know about.

Network denials say the provider was out of network. These are worth scrutinising, because provider directories are frequently inaccurate, hospital-based clinicians such as anaesthetists and radiologists are often out of network at in-network facilities, and federal protections now restrict surprise billing in several of those situations.

Prior authorisation denials say approval was required before the service and was not obtained. If it genuinely was not obtained, appeal on the basis that the care was medically necessary and, in urgent cases, that obtaining authorisation first was not practicable.

Medical necessity denials are the substantive category. The insurer accepts you are covered but says this service, at this intensity, for this condition, is not warranted under its criteria. These are the hardest and the most worth fighting, because they turn on clinical judgement and the appeal is where your clinician's judgement finally gets read.

Experimental or investigational denials say the treatment is not established. These are frequently overturned at external review, because independent reviewers apply the evidence base rather than the insurer's internal list, and lists lag published evidence.

Before appealing, call the provider's billing office as well as the insurer. A significant share of denials are resolved by the provider simply resubmitting with a corrected code, which takes days rather than the weeks an appeal takes. Ask specifically whether the denial is a coding issue they can rebill.

Ask the insurer for the specific plan language and clinical criteria relied on. You are generally entitled to the documents used to decide your claim, and requesting them serves two purposes: it tells you what you must rebut, and it establishes that the criteria were actually applied.

Read the denial letter properly

Find the explanation of benefits and the denial letter, and distinguish them. An explanation of benefits is not a bill and is not always a denial; it shows what was billed, what the plan paid and what it attributes to you. The denial letter is the document that states a decision and triggers appeal rights.

Locate the stated reason and the denial code. Insurers use standardised reason and remark codes, and the code is more precise than the plain-language summary. If the letter does not explain it in terms you can act on, call and ask them to explain the specific code in writing.

Locate the appeal deadline and write it in your calendar immediately, with a reminder two weeks before. This is the most consequential line in the letter. Deadlines are measured from the date of the denial notice and are enforced; missing one can end your rights regardless of the merits.

Check whether an expedited appeal is available. Where a delay would seriously jeopardise your health or your ability to regain function, plans must offer an expedited process running in days rather than weeks, and it can run alongside a request for external review in urgent cases.

Gather your evidence: the denial letter, the explanation of benefits, itemised bills, the relevant medical records, the referral or authorisation if there was one, and your plan's summary of benefits and coverage. Request the full plan document if the summary does not settle the question.

Get a letter of medical necessity from the treating clinician. This is the single highest-value item in a medical necessity appeal. It should state the diagnosis, what was tried before and why it failed or was inappropriate, the clinical reasoning for this specific treatment, and the expected consequence of not receiving it — with references to guidelines where they exist.

Start a log: date, who you spoke to, their reference number, what was said, what they agreed to send. Insurers work from their own call records and a specific date-and-reference log is what turns 'someone told me it was approved' into something actionable.

Never rely on a phone call alone. Confirm every material conversation in writing, send appeals by a method that produces proof of delivery, and keep copies of everything you send.

The internal appeal, then external review

File the internal appeal in writing, following the plan's stated process and within its deadline. Keep the letter short and structured: who you are and the claim number, what was denied, the reason given, why that reason is wrong, what you are enclosing, and what outcome you want.

Rebut the stated reason directly rather than arguing generally. If the denial says the service was not medically necessary under a named criterion, address that criterion. If it says prior authorisation was missing, address whether it was obtained, whether it was required, or why it could not be obtained in time. An appeal that does not engage with the actual reason usually produces the same decision again.

Attach the letter of medical necessity and the supporting records. Do not assume the reviewer has your file — send what supports your case, indexed, with the key passages marked.

Note that you may appoint an authorised representative, which can be a family member, an advocate or the treating clinician's office. Provider billing departments deal with this daily and will frequently pursue an appeal on your behalf if asked, because they want the claim paid too.

Plans must decide internal appeals within set timescales that differ for services not yet received, services already received, and urgent cases. If the deadline passes without a decision, that failure can itself entitle you to move to external review.

If the internal appeal fails, request external review. This is the stage with genuine independence: the case goes to an independent review organisation whose clinicians do not work for the insurer, and the decision binds the insurer. Depending on your state and plan type the review is run by the state insurance department or through a federal process.

External review deadlines are separate and typically run from the final internal denial. Do not let the disappointment of losing the internal appeal absorb the window for the external one — this is the commonest way people lose a case they would have won.

For self-funded employer plans, which cover a very large share of workers, the regulator is the federal Department of Labor rather than your state insurance department, and the external review route runs federally. Ask your HR or benefits department whether the plan is self-funded or fully insured, because it determines who to escalate to.

If the external review upholds the denial, remaining options are narrower: a complaint to your state insurance department or the federal regulator, negotiation with the provider on the bill itself, financial assistance or charity care policies at non-profit hospitals, and in some circumstances litigation. Ask the hospital's financial assistance office regardless of the appeal outcome, because eligibility is often broader than people assume.

Medicare, Medicaid and marketplace appeals run on separate tracks

Medicare has its own appeals structure with multiple escalating levels, beginning with a redetermination and rising through reconsideration, a hearing before an administrative law judge at the Office of Medicare Hearings and Appeals, the Medicare Appeals Council and finally federal court. Each level has its own deadline and its own form.

Which route applies depends on which part of Medicare is involved. Appeals under Original Medicare differ from appeals within a Medicare Advantage plan, and prescription drug coverage under Part D has its own process including coverage determinations and exceptions requests.

There are specific fast-track rights worth knowing. If you are told that hospital care or skilled nursing, home health or hospice services are ending and you disagree, there is an immediate review process that can be triggered before discharge, and the notice you are given explains how. These are time-critical and measured in a day or two.

Medicaid appeals are run by states within federal rules, and the central right is the fair hearing — an administrative hearing before an official who did not make the original decision. Where benefits are being reduced or terminated, requesting a hearing within a short window can keep them in place while the appeal is decided, which is one of the most valuable procedural rights in the whole system.

Marketplace coverage appeals are two different things and people conflate them. Appealing a denied medical claim goes to your insurer and then to external review. Appealing a marketplace eligibility decision — about whether you can enrol, what subsidy you qualify for, or a special enrolment period — goes to the marketplace itself under a separate process with its own form and deadline.

Employer plan appeals depend on whether the plan is fully insured or self-funded, as above. Self-funded plans are governed by federal benefits law, which sets out claim and appeal procedures and the right to receive the documents used to decide your claim.

In all of these systems, ask for the decision and the reason in writing every time. Administrative appeals turn on the record, and a reason given verbally that is never documented cannot be rebutted at the next level.

Home, auto and other property claims: a different system entirely

Property and casualty insurance has no federal internal-appeal-then-external-review structure. It is regulated at state level by insurance departments, and the escalation path runs through the insurer's complaint process and then to that department.

Start by getting the denial in writing with the specific policy provision relied on. Insurers must generally explain which exclusion or condition they are applying, and 'not covered' without a citation is not a usable answer. Read the policy language yourself — exclusions are narrower than summaries suggest, and the distinction between, say, sudden water discharge and gradual seepage decides many claims.

Understand the common denial reasons: an excluded peril such as flood or earth movement, wear and tear or lack of maintenance rather than sudden damage, late notification, insufficient documentation, disputed valuation, or a policy condition you did not meet such as failing to protect the property from further damage.

Where the dispute is about the amount rather than whether it is covered, most property policies contain an appraisal clause. Each side appoints an appraiser, the two select an umpire, and the resulting decision resolves the valuation. It is faster and cheaper than litigation and is under-used because policyholders do not know it exists.

You can hire your own help. A public adjuster works for you rather than the insurer, for a percentage of the settlement, and is generally worth considering on large or complex property losses. Check they are licensed in your state and be cautious of anyone soliciting immediately after a disaster.

Document everything from the moment of loss: photographs before any cleanup, an itemised inventory, receipts, contractor estimates, and a written record of every conversation. Claims are frequently lost on evidence rather than on coverage, and evidence is only available at the beginning.

Escalate to the state insurance department if the insurer will not engage. Departments take consumer complaints, require the insurer to respond, and monitor patterns of unfair claims handling. Every state has one and the National Association of Insurance Commissioners maintains the directory.

Know the honest limit. If the loss is genuinely excluded — flood damage under a standard homeowners policy is the classic example — no amount of appealing changes it, and the useful action is to understand the gap and buy the separate cover before the next event rather than to keep fighting this one.

Key takeaways

  • For most health plans you have a legal right to an internal appeal and then an independent external review whose decision binds the insurer — the external stage is the one with real force and the one most people never reach.
  • The denial letter must state a reason and a deadline. Rebut the actual reason cited rather than arguing generally, and diarise the deadline the day the letter arrives.
  • Call the provider's billing office as well as the insurer: many denials are coding errors that can be resolved by rebilling in days rather than by appealing over weeks.
  • A letter of medical necessity from the treating clinician, setting out what was tried, why it failed and the consequence of not treating, is the highest-value document in a medical necessity appeal.
  • Home and auto claims have no external review — escalate to the state insurance department, and use the policy's appraisal clause where the dispute is about the amount rather than coverage.

Who to contact

At a glance

Denial letter
Must state the reasonAnd your appeal rights and deadline
Internal appeal
Right for most health plansThe insurer reconsiders its own decision
External review
Independent and bindingReviewer does not work for the insurer
Urgent cases
Expedited track existsDays rather than weeks where health is at risk
Deadlines
StrictSet by plan and law — measured from the denial
Medicare
Five appeal levelsSeparate system with its own timescales
Home and auto
No federal external reviewState insurance department is the escalation
Cost to appeal
NothingOther than time and postage
Questions people also ask

How to appeal a denied insurance claim — FAQ

How long do I have to appeal a denied health insurance claim?

The deadline is stated in your denial letter and runs from the date of that notice. Internal appeal windows are set by law and plan terms, and external review has its own separate deadline running from the final internal denial. Both are enforced regardless of merit, so calendar them immediately and set a reminder two weeks ahead.

What is an external review and is the decision binding?

It is a review of your case by an independent organisation whose clinicians do not work for your insurer, available for most health plans after the internal appeal is exhausted. The decision binds the insurer. Depending on your state and whether the plan is fully insured or self-funded, the review is administered by the state insurance department or through a federal process.

Can I get a faster decision if the care is urgent?

Yes. Where delay would seriously jeopardise your health or ability to regain function, plans must offer an expedited appeal decided in days rather than weeks, and in urgent cases you can request expedited external review at the same time as the internal appeal rather than waiting for it to conclude. Say explicitly that you are requesting expedited review.

Does appealing cost anything?

No. Internal appeals and external review are free to you — the cost is time, postage and getting supporting documentation from your clinician. That asymmetry is the practical argument for appealing any denial that matters, since the reviewer applies the plan's criteria to your specific facts for the first time.

Who regulates my plan if the insurer will not budge?

It depends on the plan type. Fully insured plans and individual coverage are regulated by your state insurance department, and the National Association of Insurance Commissioners maintains the directory. Self-funded employer plans, which cover a large share of workers, are governed federally by the Department of Labor. Ask HR which type your plan is.

How do Medicare appeals work?

Through five escalating levels — redetermination, reconsideration, a hearing before an administrative law judge at the Office of Medicare Hearings and Appeals, the Medicare Appeals Council, then federal court. Each has its own deadline. Medicare Advantage and Part D drug coverage have their own variants, and there are immediate fast-track reviews when hospital or skilled nursing care is ending.

My home insurance claim was denied. What can I do?

Get the specific policy provision they are relying on in writing, then read the policy language yourself. Use the appraisal clause if the dispute is about the amount rather than coverage, consider a licensed public adjuster on large losses, and escalate to your state insurance department, which requires the insurer to respond and tracks unfair claims handling.

Read next

Sources & provenance

Facts verified

  1. 1.Appealing an insurance company decision OfficialHealthCare.gov, CMSUsed for: The two-stage right to internal appeal and external review, and what denial letters must contain
  2. 2.Internal appeals OfficialHealthCare.gov, CMSUsed for: How to file an internal appeal, decision timescales and the expedited route
  3. 3.External review OfficialHealthCare.gov, CMSUsed for: Independent review organisations, the binding effect of decisions and state versus federal administration
  4. 4.Rights and protections OfficialHealthCare.gov, CMSUsed for: Underlying consumer protections including appeal rights and network-related billing protections
  5. 5.Marketplace appeals OfficialHealthCare.gov, CMSUsed for: The separate process for appealing eligibility and enrolment decisions rather than claims
  6. 6.Claims and appeals OfficialMedicare, CMSUsed for: Medicare's multi-level appeal structure and how it differs by Medicare part
  7. 7.Filing an appeal OfficialMedicare, CMSUsed for: How to start a Medicare appeal and the deadlines at each level
  8. 8.Your Medicare rights OfficialMedicare, CMSUsed for: Fast-track review rights when hospital or skilled nursing care is ending
  9. 9.Office of Medicare Hearings and Appeals OfficialDepartment of Health and Human ServicesUsed for: The administrative law judge stage of the Medicare appeals process
  10. 10.Consumer resources RegulatorNational Association of Insurance CommissionersUsed for: How state insurance regulation works and what departments do with consumer complaints
  11. 11.State insurance departments RegulatorNational Association of Insurance CommissionersUsed for: Directory of the state regulators that handle escalated claim disputes
  12. 12.How to file a homeowners claim IndustryInsurance Information InstituteUsed for: Property claim documentation, adjuster process and where disputes typically arise
  13. 13.Facts + Statistics: Homeowners and renters insurance StatisticsInsurance Information InstituteUsed for: Claim frequency and cause data showing which property losses are most disputed
  14. 14.Get help with medical bills OfficialUSAGovUsed for: Assistance routes when a bill stands after appeals are exhausted
  15. 15.Your rights under HIPAA — medical records RegulatorDepartment of Health and Human ServicesUsed for: Right of access to your own records, which are the evidence base for a medical necessity appeal
  16. 16.How to file a complaint about a company's products or services OfficialUSAGovUsed for: Escalation routes beyond the insurer, including state regulators and attorneys general

Not a source — AI-assisted analysis on this page

  • AI-assisted analysis — the appeal system depends on almost nobody appealingThe characterisation of the appeal system's economics — that denials are cheap to issue and appeals expensive to defend, so the denial threshold depends on a low appeal rate — is our analysis. CMS and HealthCare.gov document the internal appeal and external review rights, deadlines and binding effect; NAIC documents state regulator complaint handling; neither frames appeal rates as structurally load-bearing. We deliberately quote no percentage for how many denials are appealed, because published estimates differ by dataset, plan type and year. The recommendation to treat a first denial as an opening position is ours, not published guidance.

Internal appeal and external review rights, deadlines, expedited routes and the binding effect of independent review are drawn from HealthCare.gov and CMS. Medicare's appeal levels, fast-track discharge reviews and the administrative law judge stage come from Medicare.gov and the HHS Office of Medicare Hearings and Appeals. State regulator escalation and the directory of insurance departments come from the NAIC. Property claim handling and dispute patterns come from the Insurance Information Institute. Right of access to medical records comes from HHS. No appeal deadlines, decision timescales, appraisal costs, public adjuster percentages or reversal rates are quoted, because they vary by plan type, state and year and are revised — take current figures from your denial letter, your plan documents and your state insurance department. Whether your employer plan is fully insured or self-funded determines which regulator applies, and only your employer can confirm that. One passage is marked as AI-assisted analysis. Nothing here is legal, medical or insurance advice.

Facts on this page are taken from the sources listed above — U.S. federal agencies, state governments, regulators and official statistical releases. Comparisons, judgments and "which option suits whom" conclusions are AI-assisted analysis written over those sources; they are marked in the text and listed as an AI-analysis entry in the sources, not attributed to any authority. Rates, thresholds, fees and processing times change, often at the start of a calendar or tax year; figures are current as of the review date shown and should be confirmed with the responsible agency before you rely on them. A great deal of American law is state law — where a rule differs by state, this site says so.