Understanding your situation
What you need to prepare
- ✓Medicare Summary Notice (MSN) or Explanation of Benefits (EOB) showing the denied claim with denial reason code
- ✓Your Medicare card (red, white, and blue card for Original Medicare; plan card for Medicare Advantage or Part D)
- ✓Detailed letter of medical necessity from your treating physician
- ✓Complete medical records relating to the denied service
- ✓Relevant lab results, imaging reports, and diagnostic test results
- ✓Applicable Medicare coverage policy (NCD or LCD) for the denied service
- ✓Previous treatment records showing what alternatives have been tried
- ✓Any prior authorization documentation that was submitted
- ✓For DME claims: the physician's detailed written order and face-to-face encounter documentation
- ✓For Part D drug appeals: list of medications tried and failed, with documented reasons for failure or contraindications
⏰ Deadline
Level 1 (Redetermination): 120 days from the date of the Medicare Summary Notice or initial determination. Level 2 (Reconsideration by QIC): 180 days from the redetermination decision. Level 3 (ALJ Hearing): 60 days from the QIC reconsideration decision. For Medicare Advantage plans: 60 days from the initial denial for standard appeals. For expedited appeals (urgent medical situations): request must be filed within 72 hours and the plan must respond within 72 hours. Part D appeals: 60 days from the coverage determination for standard; 24 hours for expedited.
🏛️ Authority
Level 1: Medicare Administrative Contractor (MAC) for Parts A and B; your plan for Part C or Part D. Level 2: Qualified Independent Contractor (QIC) - currently Maximus Federal Services. Level 3: Office of Medicare Hearings and Appeals (OMHA), Administrative Law Judge. Level 4: Medicare Appeals Council (Departmental Appeals Board). Level 5: Federal District Court.
⚖️ Legal basis
Social Security Act Sections 1155, 1869, 1852(g), 1860D-4(h). Medicare appeals regulations: 42 CFR Parts 405, 417, 422, 423. Jimmo v. Sebelius settlement (2013) regarding improvement standard. Medicare Benefit Policy Manual (CMS Pub. 100-02). Medicare Claims Processing Manual (CMS Pub. 100-04). National and Local Coverage Determinations published on CMS.gov.
Expert tips
- 1Always file Level 1 (Redetermination) as your first step - it's free, requires only a written request, and a surprising number of denials are overturned at this level.
- 2Obtain the specific Medicare coverage policy (NCD or LCD) for the denied service and address each criterion in your appeal. Show specifically how you meet the coverage requirements.
- 3Get your doctor involved - a strong letter of medical necessity from your treating physician is the most powerful document in a Medicare appeal.
- 4For Part D drug denials, ask your doctor to request an exception if the drug is not on the formulary. Include documentation of why formulary alternatives are inappropriate for you.
- 5If your situation is urgent (health could be seriously harmed by waiting), request an expedited appeal. Medicare Advantage and Part D plans must respond within 72 hours for expedited requests.
- 6Know the Jimmo v. Sebelius settlement - Medicare cannot deny skilled care solely because you are not improving. If you need skilled care to maintain function or prevent decline, coverage should continue.
- 7Keep copies of everything you submit and send appeals by certified mail or fax with confirmation. Lost paperwork is a common problem in Medicare appeals.
- 8Consider contacting your State Health Insurance Assistance Program (SHIP) for free, unbiased Medicare counseling and help with appeals.
Document you need
Administrative appeal
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