Quick answer. A health insurance denial can almost always be appealed, and the process has two stages: an internal appeal (you ask your insurer to reconsider, with a reviewer who was not part of the first decision) and, if that fails, an external review by an independent organization with no ties to your insurer. For ACA and most employer plans you have at least 180 days to file the internal appeal (65 days for Medicare Advantage; 120 days for Original Medicare), and the deadline is printed on your denial notice. External review is free under the federal process. Most denials are never appealed — which is exactly why appealing is worth it.
You opened the letter and your stomach dropped: the medication, scan, or procedure your doctor ordered has been denied. It feels final. It usually is not. The hardest part of appealing is not the writing — it is knowing the steps and not missing the deadline. This guide walks through both.
First: many denials are a documentation problem, not a verdict
A denial rarely means your doctor was wrong. In ACA marketplace plans in 2024, only about 5% of in-network denials were for “lack of medical necessity”; far more were administrative or for a missing prior authorization or referral. Many denials, in other words, come down to information the plan simply did not have in front of it — a missing record, an unmet documentation requirement, a coding mismatch, or a step the plan wanted tried first.
That is also why appeals succeed as often as they do: the appeal is your chance to supply the documentation the first reviewer never saw. A denial decided on an incomplete file often reverses once the file is complete — the clinician's notes, the record of treatments already tried, the guideline that supports the request. Some denials are genuine benefit exclusions or clinically appropriate decisions, and an appeal will not change those. But you cannot tell which kind you are holding until you read the reason and answer it with the right documentation.
Does appealing actually work?
Often enough to be worth the effort — though the odds depend on your plan and which stage you reach. Here is the honest picture, by plan type:
| Stage / plan | How often denials are overturned |
|---|---|
| Medicare Advantage prior authorization (2024) | About 81% of appeals were overturned in full or part — but only about 1 in 9 denied requests were ever appealed. |
| ACA marketplace, internal appeal (2024) | Insurers upheld about two-thirds, so roughly a third of internal appeals were overturned. |
| External independent review | About half are overturned in the patient's favor (KFF found 47% nationally; Pennsylvania's state program reports about 50%). |
The thread running through all of it: fewer than 1 in 100 denied marketplace claims are ever appealed. The opportunity is real precisely because so few people use it.
Step 1: Read the denial letter — and the deadline
Your denial notice is also your roadmap. Find three things:
- The reason. A code or short phrase such as “not medically necessary,” “step therapy required,” or “non-formulary.” Your appeal has to answer this specific reason. (Not sure what the reason code means? The EOB Explainer and our guide to EOB codes decode it.)
- The deadline to file. This is the date that quietly kills most appeals. Note that it is different from the insurer's deadline to decide — this is your window to submit.
- Where to send it. Usually a fax number, mailing address, or member-portal upload.
| Your plan type | Deadline to FILE an internal appeal |
|---|---|
| ACA marketplace and most employer plans (commercial and self-funded) | At least 180 days from the date of the denial notice. |
| Medicare Advantage | 65 days from the plan's determination notice. |
| Original Medicare (Parts A and B) | 120 days from your Medicare Summary Notice. |
Mark the deadline on your calendar the day the notice arrives. For reference, once you file, the insurer generally must decide a commercial internal appeal within 30 days before-service, 60 days after-service, or 72 hours if it is urgent.
Step 2: File the internal appeal
The internal appeal asks your insurer to look again — and federal rules require the reviewer to be someone who was not involved in the original denial, with appropriate clinical training when medical judgment is at issue. You (or your clinician's office) submit a written appeal that answers the denial reason directly. If a delay could seriously jeopardize your health, ask for an expedited appeal, decided as fast as your condition requires and generally within 72 hours — and you can run the internal appeal and external review at the same time in urgent cases.
Not sure how to word it?
The Patient Appeal Generator helps you draft a clear, evidence-based appeal letter from your denial reason and details — in the language insurers respond to. You can upload your denial letter to start.
Open the Patient Appeal GeneratorStep 3: Build your evidence
Strong appeals are built on documentation. Gather:
- A copy of the denial notice.
- Your clinician's visit notes from when the treatment was ordered.
- A record of treatments already tried and why they did not work (this answers “step therapy” denials).
- Relevant labs, imaging, and the clinical guidelines that support the treatment — your clinician's office can supply these.
Two pieces carry the most weight, and both come from your clinician's office:
- A Letter of Medical Necessity — the clinical narrative explaining why this treatment is right for you. It is often the single most powerful document in an appeal. (See how a Letter of Medical Necessity works.)
- A peer-to-peer review — a direct call between your clinician and the insurer's medical reviewer, often the fastest way to clear a denial that came down to missing context. (See the Peer-to-Peer Review Coach.)
Step 4: External (independent) review
If the internal appeal is upheld, you have the right to an external review by an independent review organization (IRO) that is not employed by or affiliated with your insurer — and, as the numbers above show, external reviewers overturn roughly half of the denials that reach them.
- Deadline: generally at least four months after the final internal denial to request it.
- Timeline: a standard decision within about 45 days; an expedited decision within 72 hours for urgent cases.
- Who runs it: many states run their own process; where a state does not, the federal process administered by MAXIMUS Federal Services applies.
- Cost: the federal process is free; some state or IRO processes charge a small fee capped at $25, refunded if you win.
The denial letter that upholds your internal appeal must explain how to request external review.
Step 5: If you are still denied
Appeals are a ladder, not a single shot. If both an internal appeal and an external review uphold the denial, more doors remain:
Your state insurance commissioner
File a complaint with your state's department of insurance, which regulates fully insured commercial plans and can review whether the denial followed the rules.
The U.S. Department of Labor (EBSA)
Self-funded ERISA plans are federally regulated; complaints go to the DOL's Employee Benefits Security Administration. Your employer's benefits team is also a lever, since the employer designs the plan.
The CMS appeal levels
Medicare Advantage has five levels — plan reconsideration, an independent review entity, an administrative law judge, the Medicare Appeals Council, and federal court. Each opens only after the one before it, so keep meeting the deadlines.
Many state attorneys general also accept consumer health-insurance complaints. And under federal rules, denial and appeal notices must be available in non-English languages spoken by 10% or more of the population in your county — ask for a translation at no cost if you need one.
Tools that may help
- Patient Appeal Generator — draft a clear, evidence-based appeal letter
- Medical Necessity Letter Generator — build the clinician letter to attach
- Peer-to-Peer Review Coach — help your clinician prepare for the reviewer call
- EOB Explainer — decode the denial reason on your statement
- Prior Authorization Requirements & Criteria — look up the plan's criteria you need to meet
- GLP-1 Insurance Navigator — for GLP-1 medication denials specifically
Frequently asked questions
How long do I have to appeal an insurance denial?
It depends on your plan, and the exact date is on your denial notice. ACA marketplace and most employer plans give you at least 180 days to file an internal appeal; Medicare Advantage gives you 65 days from the determination notice; Original Medicare gives you 120 days from your Medicare Summary Notice. Calendar it the day the notice arrives.
Does appealing a denial actually work?
Often enough to be worth it, and it varies by plan and stage. For Medicare Advantage prior-authorization denials in 2024, insurers overturned about 81% of the appeals filed (though only about 1 in 9 were appealed). For ACA plans in 2024, insurers overturned roughly a third of internal appeals, and external reviewers overturned about half of the cases that reached them. Most denials are never appealed, so the opportunity is real.
What is the difference between an internal appeal and an external review?
An internal appeal asks your insurer to reconsider, using a reviewer not involved in the first decision. If that is denied, an external review sends your case to an independent organization with no ties to your insurer. The federal external-review process is free and is run by MAXIMUS Federal Services where a state process does not apply; you generally have at least four months after a final internal denial to request it.
Can I get a faster decision if my situation is urgent?
Yes. When a delay could seriously jeopardize your health, you can request an expedited appeal — decided as fast as your condition requires and generally within 72 hours — and you can pursue the internal appeal and external review at the same time. Ask your clinician's office to mark the request urgent and explain why.
Do I only get one appeal?
No. Appeals are a ladder. Commercial and ACA plans offer an internal appeal and then an independent external review. Medicare Advantage has five levels (plan reconsideration, an independent review entity, an administrative law judge, the Medicare Appeals Council, and federal court). If one level upholds the denial, the next is still open as long as you meet each deadline.
Sources
- KFF. Claims Denials and Appeals in ACA Marketplace Plans in 2024. 2026 (internal/external overturn rates, appeal rate, denial reasons). kff.org
- KFF. Medicare Advantage Insurers Made Nearly 53 Million Prior Authorization Determinations in 2024. 2026 (about 11.5% of denials appealed, ~81% overturned). kff.org
- HealthCare.gov. Internal Appeals. healthcare.gov
- HealthCare.gov. External Review. healthcare.gov
- U.S. Department of Labor. Benefit claims procedure regulation, 29 CFR 2560.503-1. ecfr.gov
- 45 CFR § 147.136 — internal claims and appeals and external review. ecfr.gov
- CMS. Reconsideration by the Medicare Advantage (Part C) Health Plan (65-day window). cms.gov
- Medicare.gov. Appeals in Original Medicare (120-day window). medicare.gov
- CMS. HHS-Administered Federal External Review Process (MAXIMUS; free; $25 cap). cms.gov