Denials & appeals

Medicare Advantage Appeals: Deadlines and What to Say

On this page
  1. What counts as a denial in a Medicare Advantage plan?
  2. What are the deadlines for a Medicare Advantage appeal?
  3. When should I ask for a fast appeal?
  4. What should I say in a Medicare Advantage appeal?
  5. What should I say on the phone to my plan?
  6. What happens if the plan denies my appeal?
  7. Can my doctor or a family member appeal for me?
  8. Frequently asked questions
  9. Want help keeping track of denials and deadlines?

To appeal a Medicare Advantage denial, you, your representative, or your doctor must file a request for reconsideration with your plan within 65 days from the date on the plan's denial notice. The plan generally has 30 days to decide on a service you haven't gotten yet, 60 days for a payment appeal, and 72 hours for a fast appeal when your health could be at risk. If the plan still says no, your case goes automatically to an independent reviewer.

What counts as a denial in a Medicare Advantage plan?

Medicare.gov calls a plan's coverage decision an "organization determination." A denial can mean the plan refused to:

  • Approve a service or item before you get it (often called prior authorization).
  • Pay for care you already got.
  • Keep paying for ongoing care.

You'll usually get a written denial notice. Your Explanation of Benefits (EOB) may also show a claim as denied with a reason code. If you only see it on the EOB, call the plan and ask for the formal denial notice, since your appeal deadline is based on its date.

What are the deadlines for a Medicare Advantage appeal?

Here are the timelines Medicare.gov lists for Medicare Advantage appeals:

Step Deadline
You file a Level 1 appeal (reconsideration) Within 65 days from the date on the denial notice
Plan decides: service you haven't gotten yet 30 days
Plan decides: payment for care you already got 60 days
Plan decides: Part B drug 7 days
Plan decides: fast (expedited) appeal 72 hours

Medicare.gov says these time frames can be extended by up to 14 days in some cases, and the plan must tell you in writing if it takes an extension.

If you miss the 65-day deadline, you must give a reason for filing late.

When should I ask for a fast appeal?

Ask for a fast (expedited) appeal if waiting the standard 30 days could seriously harm your health. Medicare.gov says the plan must decide within 72 hours if it determines, or your doctor tells the plan, that waiting could seriously jeopardize your life, health, or ability to regain maximum function.

A request backed by your doctor carries the most weight. Ask your doctor's office to call or write to the plan and say the case is urgent.

Fast appeals apply to care you haven't gotten yet. A payment appeal for a past bill uses the standard timeline.

What should I say in a Medicare Advantage appeal?

Follow the instructions on your denial notice. Medicare.gov says your appeal should include:

  • Your name, address, and Medicare Number (and your plan member ID).
  • The items or services you're appealing and the dates of service.
  • The reasons you're appealing.
  • Your representative's name and proof of representation, if you have one.
  • Any other information that makes your case stronger, like a doctor's note.

Keep the letter short. Address the plan's specific reason for the denial. Here's sample wording:

I am requesting a reconsideration of [plan name]'s decision dated [date on denial notice] denying [service or item] for [date of service, or "requested by Dr. (name)"]. My member ID is [number].

The denial says [quote the reason]. I disagree because [your reason: for example, "my doctor ordered this test after two other treatments did not work," or "this provider was listed as in-network when I booked the appointment"].

I have enclosed [a letter from Dr. (name) / my medical records / a copy of the provider directory listing]. Please reverse this decision.

If the denial was for a missing prior authorization, ask your doctor's office whether they requested it. Medicare.gov describes "plan directed care": if a plan provider refers you for a covered service or to an out-of-network provider without getting an approval first, in most cases you won't have to pay more than the plan's usual cost sharing.

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What should I say on the phone to my plan?

A call to your plan can get you the facts you need for the written appeal. You might say:

"I'm calling about a denial dated [date] for [service]. Can you tell me the exact reason, the appeal deadline, and the address or fax number for appeals? Can my doctor send supporting records directly to you? Is there anything missing from the claim that would change the decision?"

Write down the date, the representative's name, and a reference number for the call.

What happens if the plan denies my appeal?

If the plan upholds its denial in full or in part, Medicare.gov says it automatically forwards your case to an Independent Review Entity (IRE). You don't have to file anything for this step. Medicare.gov describes this reviewer as an independent organization that works for Medicare. It follows the same 30-day, 60-day, 7-day, and 72-hour time frames.

If you disagree with the IRE:

  • Level 3: Ask for a decision from the Office of Medicare Hearings and Appeals within 60 days. For 2026, the amount in question must be at least $200.
  • Level 4: Ask the Medicare Appeals Council for review within 60 days of the Level 3 decision.
  • Level 5: Ask for review in federal district court within 60 days of the Appeals Council's decision. For 2026, the amount must be at least $1,960.

Can my doctor or a family member appeal for me?

Your doctor can request a reconsideration for a service you haven't gotten yet, and must tell you about it. A family member or friend can act for you if you appoint them as your representative. The usual way is the "Appointment of Representative" form (CMS-1696). Include it with the appeal.

Frequently asked questions

How long do I have to appeal a Medicare Advantage denial?

65 days from the date on the plan's initial denial notice, according to Medicare.gov.

How long does the plan have to answer?

30 days for a service you haven't gotten yet, 60 days for a payment appeal, 7 days for a Part B drug, and 72 hours for a fast appeal. Extensions of up to 14 days can apply in some cases.

Do I have to file anything to get to the independent reviewer?

No. If the plan upholds its denial, it automatically sends your case to the Independent Review Entity.

Is the Medicare Advantage appeal process the same for drug coverage?

Part D drug appeals follow a separate process. Check your plan's denial notice for the right steps.

Where can I get free help with an appeal?

Your State Health Insurance Assistance Program (SHIP) offers free Medicare counseling. Find yours at shiphelp.org.

Want help keeping track of denials and deadlines?

Bill Review Coach is a monthly medical bill review service for seniors and their families. Snap photos of your EOBs and denial letters, and we'll flag what was denied, the deadline to appeal, and what to say to your plan, in plain English. You make the calls and write the emails; we help you know what to say.

General information, not legal advice. Check your own bill and notices.

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