Medicare Advantage denied your claim

You have 65 days. Here’s how the appeal works.

The short version
65 days
to appeal
From the date on the plan’s denial notice
Automatic
second look
If the plan says no again, an outside reviewer decides
Free help
your SHIP
One-on-one counseling on appeals, at no cost

Appeal or grievance? Appeal a denied claim or payment. File a grievance about bad service. They’re separate tracks.

Jump to a section
  1. First, read the denial notice
  2. The five appeal levels
  3. Grievances: problems that aren’t a denial
  4. Who to call
  5. For federal retirees: the FEHB exit
  6. Frequently asked questions
65 days
To ask the plan for a reconsideration
Medicare
60 days
For the plan to decide a payment appeal
Medicare
72 hours
For an urgent appeal when your health is at risk
Medicare
$200
Minimum in dispute to reach a judge, 2026
CMS

1. First, read the denial notice

Every denial must come in writing and say why. The reason decides your next move:

2. The five appeal levels

1 Your plan reconsiders You file within 65 days 2 Independent reviewer Automatic — nothing to file 3 Judge hearing (OMHA) Ask within 60 days 4 Medicare Appeals Council Ask within 60 days 5 Federal court File within 60 days
LevelHow fast it’s decidedMinimum in dispute
1. Plan reconsideration30 days for care, 60 days for payment, 72 hours if urgentNone
2. Independent reviewSame timeframesNone
3. Judge hearingMonths$200
4. Appeals CouncilMonthsNo added minimum
5. Federal courtVaries$1,960

Most disputes end at level 1 or 2. Ask for an expedited appeal if waiting could seriously harm your health — a doctor’s request makes it automatic.

3. Grievances: problems that aren’t a denial

A grievance is a complaint about how the plan treated you: hours on hold, a rude representative, a provider’s conduct, trouble getting an appointment. File it with the plan within 60 days of the problem; the plan generally must answer within 30 days.

Don’t mix them up

A grievance won’t overturn a denied claim. If money or coverage is at stake, file the appeal — and add a grievance separately if the service was also bad.

4. Who to call

CallWhen
Your plan (number on your card)Always first — ask for the denial reason and appeal form
1-800-MEDICARE (1-800-633-4227)The plan isn’t following the rules, or you want to file a complaint about it
Your SHIPFree one-on-one help with an appeal or with switching plans — find yours at shiphelp.org

5. For federal retirees: the FEHB exit

If Medicare Advantage keeps failing you, the way out depends on what you did with FEHB:

For a claim under your FEHB plan rather than Medicare Advantage, the process is different; Warrior Insure covers it in appealing a denied FEHB claim.

6. Frequently asked questions

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

You have 65 days from the date on the plan’s denial notice to ask the plan for a reconsideration. A request about a service you have not received yet is decided within 30 days, a payment request within 60 days, and an urgent request within 72 hours.

What happens if my Medicare Advantage plan denies my appeal?

The plan must automatically send your case to an Independent Review Entity, an outside reviewer that is not part of the plan. You do not have to file anything for that second level.

What is the difference between an appeal and a grievance?

An appeal challenges a decision about coverage or payment, such as a denied claim. A grievance is a complaint about how the plan treated you, such as long waits, rude service or a provider’s conduct. File a grievance with the plan within 60 days of the problem; the plan generally must respond within 30 days.

When should I call 1-800-MEDICARE or a SHIP?

Call 1-800-MEDICARE (1-800-633-4227) to file a complaint about the plan or when the plan is not following the rules. Your State Health Insurance Assistance Program gives free, unbiased one-on-one help with appeals and with choosing or leaving a plan.

Can a federal retiree go back to FEHB if Medicare Advantage isn’t working?

If you suspended FEHB to join a Medicare Advantage plan, you can generally re-enroll in FEHB during Open Season, or sooner if your Medicare Advantage coverage ends involuntarily. If you cancelled FEHB instead of suspending it, you generally cannot return.

Sources
  1. Medicare.gov, appeals in Medicare health plans
  2. CMS, hearing by an administrative law judge (Part C)
  3. 42 CFR part 422 subpart M, grievances and appeals