Understanding your situation
What you need to prepare
- ✓The rejection notice from the Krankenkasse with its reasoning
- ✓A detailed medical certificate on the medical necessity of the benefit
- ✓The medical prescription or the treatment and cost plan (Heil- und Kostenplan)
- ✓The MDK expert report, if one was prepared (you are entitled to request a copy)
- ✓Your treatment records and doctors' letters to date
- ✓Your treating physician's statement on the stated rejection ground
- ✓Cost estimates for aids or treatments
- ✓Proof of the application date (decisive for the approval fiction)
- ✓A written chronology: application date, confirmation of receipt, deadline course, rejection date
- ✓Scientific studies or clinical guidelines supporting the effectiveness of the requested benefit
Widerspruch against your Krankenkasse in English: how it works
A Widerspruch is a formal objection addressed to the Krankenkasse that issued the rejection. It must be in German, but it can be short: identify the notice by date and file number, state that you object, and announce the reasoning. The insurer's Widerspruch committee then reviews the case, and if it upholds the rejection, you can sue before the Sozialgericht, which is free of court fees at first instance and appoints independent medical experts.
The approval fiction under Paragraph 13(3a) SGB V explained
If a statutory health insurer does not decide on an application within 3 weeks, or 5 weeks when it obtains an MDK report, and does not inform the insured person in writing of a sufficient reason for the delay, the deadline overrun becomes legally relevant. Under the case law of the Federal Social Court it does not automatically approve the benefit, but under certain conditions the insured person who procures the service after the deadline can claim reimbursement of the costs. This argument is attractive in practice because it turns on dates in the file rather than on medical opinion; the exact conditions should be checked in the individual case.
Related templates & guides
⏰ Deadline
Widerspruch: one month from delivery of the notice, and three months if the notice was delivered to you abroad (Paragraph 84 SGG). A notice sent by post within Germany is deemed delivered on the fourth day after posting (Paragraph 37 SGB X). Court action before the Sozialgericht: one month after the Widerspruch decision. If the notice lacks a proper instruction on legal remedies: one year. Approval fiction: takes effect automatically after 3 weeks (without MDK) or 5 weeks (with MDK).
🏛️ Authority
The Krankenkasse itself (the Widerspruch is addressed to it), the Sozialgericht (court action), the independent patient advice service, and the insurer's ombudsman
⚖️ Legal basis
SGB V (in particular Paragraph 13(3a) approval fiction, Paragraph 27 medical treatment, Paragraph 33 medical aids, Paragraph 40 rehabilitation), the Patients' Rights Act, SGB X (Paragraph 37 notification), and the Social Courts Act (SGG, Paragraph 84 deadlines).
Expert tips
- 1Check the decision deadline first, before arguing anything else. If the Krankenkasse did not decide within 3 weeks (5 weeks with an MDK report) and did not properly inform you of the delay, this does not automatically approve the benefit, but under certain conditions it can support a reimbursement claim for a service you obtained yourself after the deadline.
- 2File a short protective Widerspruch within the deadline and submit the detailed reasoning later. For expats: if the notice reached you abroad, your deadline is three months, not one (Paragraph 84 SGG).
- 3Ask your treating doctor for a detailed certificate that addresses the insurer's specific rejection ground, not just the diagnosis. The Widerspruch board reads the file, not your history.
- 4Request a copy of the MDK report. Its weaknesses, such as an assessment done on paper without examining you, are often the strongest argument.
- 5Build a dated chronology of the application from day one. The fiction cases are won on dates, not on medicine.
- 6The Widerspruch procedure is free, and proceedings before the Sozialgericht are free of court fees at first instance.
- 7For planned treatment in another EU country, check the S2 route and the EU Patients' Rights Directive before paying out of pocket; a prior authorization wrongly refused can be challenged the same way.
- 8Documents in other languages should be submitted with a German translation; the administrative language of the procedure is German (Paragraph 19 SGB X).
Practical insight on Krankenkasse appeals
DocuGov.ai
Research-based insight
The decision deadline under Paragraph 13(3a) SGB V is one of the most overlooked arguments. Before drafting a single medical argument, reconstruct the dates: application received, any notification of delay, decision issued. If the insurer missed the 3 or 5 week window without a valid interim notice, this does not automatically approve the benefit, but under case law of the Federal Social Court it can support a reimbursement claim for a service you obtained yourself after the deadline; have the conditions checked for your case.
Two deadline rules matter specifically for expats: a notice posted within Germany counts as delivered on the fourth day after posting (Paragraph 37 SGB X), and if the decision was delivered to you abroad, the Widerspruch period is three months instead of one (Paragraph 84 SGG). Many rejections become challengeable again once these rules are applied correctly.
Frequently Asked Questions
Can I write to my Krankenkasse in English?
Day-to-day queries often work in English, but the formal Widerspruch should be in German, since German is the administrative language of the procedure (Paragraph 19 SGB X). The letter can be brief and factual. DocuGov.ai generates the German Widerspruch together with an English copy so you know exactly what it says.
What is my deadline if I received the decision abroad?
Three months instead of one (Paragraph 84 SGG). Within Germany, the one-month period starts on the fourth day after the notice was posted (Paragraph 37 SGB X), not on the date printed on the letter. Keep the envelope as evidence of the posting date.
Does the Widerspruch cost anything?
No. The objection procedure at the Krankenkasse is free, and a subsequent action before the Sozialgericht is free of court fees at first instance. Your only typical costs are your own doctor's certificates and any translations of foreign documents.
