Your deadline
At least 180 days from when you RECEIVED the denial, under 29 CFR 2560.503-1(h)(3)(i). Your plan may allow more and may not allow less. The federal floor runs from RECEIPT, but plans often count from their own printed date — so work from the PRINTED date and you are safe under either reading.
This is not everyone’s clock. Medicaid or CHIP, Medicare, TRICARE, VA health care and a church or government employer plan run on different rules. Do not assume the number above is yours.
Work out your own deadlineWhat to do
Copy the four fields off your denial letter first
Claim number, date of the decision, the exact stated reason, and the appeal deadline. Everything else follows from these.
Work out your own deadline
Count forward from the date of the decision using the number of days your letter states. The federal floor for a group health plan is at least 180 days from receipt, so a letter stating less than that is worth questioning.
Answer the reason you were actually given
If it says not medically necessary, argue the criteria. If it says excluded, argue the exclusion. Answering the wrong one wastes the level.
Attach clinician letters that quote the plan's criteria
Ask your clinicians to reference the plan's own standard by name and state how you meet each element.
File on time even if it is thin, then supplement
The deadline is fixed and your evidence is not. A filed appeal can be added to with dated supplements as clinical letters and records arrive; an appeal you held back to perfect cannot be rescued after the deadline.
Send it so you can prove it arrived
Certified mail, the plan's portal with a saved confirmation, or fax with a transmission report. Keep the proof with the letter.
The letter
[Your name] · [Member ID] · [Claim or reference number] · [Today's date]
To: [Plan or insurer appeals address from your denial letter]
Re: Appeal of adverse benefit determination dated [date of decision], claim [number]
I am appealing the denial of coverage for [procedure or service, with CPT codes if you have them], denied on [date of decision] for the stated reason [quote the reason from the letter, word for word].
[If any part of this was already approved, say so here, before any argument: On [date] you approved [what] as [medically necessary / covered]. That determination is not in dispute. What is in dispute is [the one remaining question]. This narrows the appeal to a single issue and it is their own finding, not your claim.]
I am requesting: (1) that the determination be reversed and the service approved; (2) a copy of all documents, records, internal rules, guidelines, and clinical criteria relied on in making this determination; (3) the credentials and specialty of the reviewer who made it; and (4) if the determination is not reversed, that you identify specific in-network providers within [distance] of my home who can schedule this procedure within [number] business days, giving the provider name, confirmed availability, and a scheduled date rather than a directory listing.
The determination should be reversed because [state your reason: the criteria are met and here is how; or the exclusion does not apply to this plan or this service; or the reviewer lacked relevant expertise].
Enclosed: [letters from clinicians, clinical records, the plan's own criteria, prior authorization correspondence].
If any part of this appeal is denied, please treat this letter as also requesting external review and provide the instructions and deadline for it.
[Signature] · [Phone] · [Address]
Both stay on your device. Neither one sends anything to this site.
If waiting would harm you
Lead with the ground the plan cannot dispose of in one line. Under 29 CFR 2560.503-1(m)(1)(i)(B) a claim is urgent if the delay would subject you to severe pain that cannot be adequately managed without the care you are seeking — and under (m)(1)(iii), where a physician with knowledge of your condition determines the claim is urgent, it SHALL BE TREATED as urgent. That is not the plan’s judgement to substitute.
So the sentence to add near the top is: I am requesting an expedited appeal under 29 CFR 2560.503-1(m)(1)(i)(B) because delay would subject me to severe pain that cannot be adequately managed without the requested care, and my treating physician has so determined — see the enclosed statement. Then enclose two lines from your clinician saying exactly that.
A lost surgical date is worth naming SECOND, not first. It is real, and it is also the ground a reviewer can downgrade in a sentence as an administrative inconvenience rather than a medical one — which costs about thirty days. Scheduling harm supports the argument; severe pain and the physician determination are the argument.
Plan-type note: the provision above is the ERISA claims regulation, so it governs employer, marketplace and individual plans. Medicaid and Medicare both have expedited routes of their own, on their own clocks — ask for expedited handling by the name your programme uses.
Common questions
- How many days do I have?
- At least 180 days from receipt for a group health plan, under 29 CFR 2560.503-1(h)(3)(i). Your plan may give more but not less. Medicaid fair hearings are much shorter and run on state rules.
- Do I need a lawyer for this?
- Not for a first internal appeal on medical necessity. For a blanket exclusion, get help early.
Where to go next
Sources for the legal points on this page
- The ACA appeal framework: internal appeal, then binding external review
Federal — non-grandfathered group health plans and issuers · effective in force
29 CFR 2590.715-2719 — (b)(2)(ii)(B) urgent-care 72 hours, (b)(2)(ii)(F)(1) deemed exhaustion, (c)(2)(xi) state external review binding, (d)(2)(i) four-month federal external review window, (d)(2)(iv) immediate coverage on reversal; 29 CFR 2560.503-1 — (c)(2) no more than two appeals before civil action, (h)(3)(i) 180 days from receipt, (h)(3)(ii) independent reviewer, (h)(3)(iii) health professional on medical judgment
Status: settled · source-checked 2026-08-06 · primary source verified: 2026-08-06