
Having health insurance can be a huge relief, but it's not worth much if your claims are denied. In the US, it's estimated that up to 30% of health insurance claims are initially denied.
These denials can be frustrating and confusing, especially if you're already dealing with a medical issue. But don't worry, there are steps you can take to protect your coverage and fight back against denial.
If your health insurance claim is denied, you have the right to appeal the decision. In fact, the Affordable Care Act (ACA) requires health insurance companies to have an appeals process in place. This means you can request a review of the denial and potentially have it overturned.
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Understanding Claim Denials
Health insurance companies are required to provide a written explanation for denying a claim, which can help you understand why your claim was rejected.
Some common reasons for claim denials include a finding that the care was not medically necessary, lack of pre-certification or authorization of treatment, claim form errors, filing a claim too late, treatment with an out-of-network healthcare provider, and a determination that the treatment was "experimental" in nature.
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You can appeal a denied claim by following the correct procedure, which may involve filing an internal appeal with your insurance company and requesting a free independent review through an Independent Review Organization.
Health insurance companies may categorically exclude treatments and medications they consider to be experimental or investigational, which is why it's essential to understand your policy's coverage and exclusions.
Here are some common types of health insurance claims that are frequently denied:
- Treatment for specific medical conditions
- Mental health diagnoses
- Experimental or investigational treatments
If you suspect that your health insurance claim was wrongfully denied, it's essential to exhaust your insurance company's internal appeals process and consider consulting an experienced insurance dispute lawyer to help you navigate the process.
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Fighting Claim Denials
You have the right to file a written appeal of your denied claim, and you should do so as soon as possible to avoid missing the deadline, which varies from plan to plan.
Your health plan may require you to exhaust its internal appeals process before filing a lawsuit, so be sure to follow the correct procedure to avoid losing your right to sue.

You may also be entitled to an independent external review conducted by a healthcare professional unaffiliated with your insurance provider.
If you've had a claim for benefits rejected by your California health insurance provider, you can get help appealing your claim denial by contacting a lawyer for a free consultation.
Health insurance is complicated, and navigating the system can be overwhelming, especially when you or a loved one is dealing with a severe illness.
If you have been denied coverage for a health insurance claim, you should consult with an attorney before initiating the appeal process or taking your claim to court.
A skilled healthcare benefits lawyer can assist you in understanding the terms of your plan and advise you on the appeal and litigation process.
Some common types of medical and mental health treatment claim denials that have been successfully challenged include proton beam radiation therapy for cancer, residential treatment for mental health and substance use disorders, and applied behavior analysis (ABA) therapy for autism.
Protecting your own health and your family's health is one of the most important things you can do, and your health insurance is a key partner in making sure you and your loved ones can access the care you need.
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If your claim has been wrongfully denied by your health insurer, there is help available, and you should schedule a free consultation with a lawyer to determine how to proceed.
The first step in appealing a denied claim is to exhaust your insurance company's internal appeals process, and it's essential to keep records of everything the insurance company communicates to you about your treatment and their policies.
Engaging an insurance dispute lawyer as soon as possible can help ensure that you begin the process within the correct time frame to proceed with your appeal.
About 17 of every 100 healthcare claims are denied, and if you're in this situation, you can appeal the denied claim and seek the help of a lawyer.
If you're suffering from an injury or illness and have learned that your medical expenses aren't covered, an experienced lawyer may be able to help you navigate the process and advocate for your rights.
A seasoned lawyer has several avenues at their disposal to attempt to settle a health insurance dispute, including filing an administrative appeal and submitting additional evidence and argument to resolve the dispute.
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If your health insurance carrier has denied medical expenses or treatment that's covered by your policy, it's time to put the legal acumen of a lawyer to work for you.
Here are some common reasons why medical insurance disputes arise:
- Denials of coverage for services rendered
- Refusal to authorize a procedure or treatment
Legal Options
If you've received a health insurance claim denial, you have several legal options to consider. You can file an appeal with your insurance company, which typically involves submitting additional documentation to support your claim.
You have a limited timeframe to file an appeal, usually 60 days from the date of the denial letter. This deadline can vary depending on your state's laws and the specific insurance policy.
Don't be discouraged if your initial appeal is denied - you can escalate the matter to an independent review organization, such as an external review board. These organizations can review your case and make a decision based on the evidence presented.
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Can You Sue Your Employer?
If you have a group health plan subject to the federal ERISA statute, you may sue your employer only after you have exhausted the written appeals process set forth in your health insurance plan.
You have a right to appeal a denied claim, and if your employer upholds the denial despite your appeal(s), you may file a lawsuit immediately.
Group health plans often have time limits restricting when a lawsuit may be initiated, so it's essential to adhere to those limits to avoid your lawsuit being dismissed from court.
If your employer fails to timely issue a decision on your appeal or does not comply with ERISA's notice requirements, you may be excused from the exhaustion requirement.
You can hire a health insurance benefits lawyer to represent you in the appeal process and in court, which can increase your chances of success and ensure that your employer plays by the rules.
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Which Laws Impact My Coverage?
Most Americans receive health insurance through their employer, which can be an insurance contract or a self-funded plan. If your employer self-funds your plan, they pay the benefits, even if they contract with an insurance company to administer it.
The federal benefits law, ERISA, governs health insurance claims for people who get coverage through a private-sector employer. This means your claim will be subject to ERISA's rules.
If you're an independent contractor, work part-time, are unemployed, or your employer doesn't offer health insurance, you can get an individual healthcare plan under the Affordable Care Act (ACA).
The ACA requires individual and small-group plans to cover ten essential health benefits, including doctors' services and mental health treatment.
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California Claim Denials
If you've had a claim for benefits rejected by your California health insurance provider, help is available. You can get seasoned and reliable help appealing your claim denial by contacting a health insurance claim denial lawyer.
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Some healthcare plans and insurance companies do not cover treatment for specific medical conditions and/or mental health diagnoses, and many healthcare plans will categorically exclude treatments and medications they consider to be experimental/investigational.
A wrongly denied health insurance claim does not have to be the end of the road. You can exhaust your insurance company's internal appeals process, keep records of everything that the insurance company communicates to you, and request a free independent review of your situation through an Independent Review Organization.
The professional insurance dispute attorneys at Wallace Law have years of experience navigating the tricky field of health insurance denials. They can advocate for you when your insurance company lets you down.
If you suspect your health insurance claim was wrongly denied, it's crucial to have an experienced insurance dispute lawyer by your side. Insurers who have wrongfully denied a claim will do almost anything to keep from paying, and the bureaucratic hurdles in place to file an appeal can be overwhelming.
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Representative Cases
Our firm has successfully challenged numerous health insurance claim denials in court, resulting in favorable decisions for our clients.
Some of these notable cases include Dominic W. v. N. Trust Co. Emp. Welfare Benefit Plan, where the court ruled in our client's favor, and Alice F. v. Health Care Serv. Corp., where we also secured a positive outcome for our client.
In Day v. Humana Ins. Co., we helped our client navigate the complex insurance appeals process and ultimately secured a favorable decision.
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Scanlon v. N. Am Case Analysis
The Scanlon v. Life Ins. Co. of N. Am. case is a significant precedent for disability cases under ERISA.
This case was decided just over one year ago by the United States Court of Appeals for the Seventh Circuit.
The decision has a direct impact on disability cases, which are governed by the Employee Retirement Income Security Act of 1974.
Let's break down some key points from this case:
These cases show that our firm has successfully reversed coverage denials for health insurance claims.
Mark, a client who had his case handled by our team, expressed his gratitude and appreciation for the work and guidance provided.
He felt reassured from the first phone call and was pleased with the effort and expertise brought to his case.
2 Rulings Show Court Assessments of Benefit Denials
Two recent court rulings have shed light on how courts assess health benefit denials. In Dwyer v. United Healthcare Insurance Co., the court considered a claim for residential behavior health treatment.
These cases highlight the importance of understanding the terms of your health insurance plan. Many healthcare plans will categorically exclude treatments and medications they consider to be experimental/investigational.
The court in Dwyer v. United Healthcare Insurance Co. also noted that health insurance companies must provide clear explanations for denying claims. This is in line with the advice of experienced healthcare benefits lawyers, who recommend that individuals consult with an attorney before initiating the appeal process or taking their claim to court.
Some examples of health insurance claim denials that have been successfully challenged include proton beam radiation therapy for cancer, residential treatment for mental health and substance use disorders, and applied behavior analysis (ABA) therapy for autism.
Recent successes in reversing coverage denials for health insurance claims include:
- Dominic W. v. N. Trust Co. Emp. Welfare Benefit Plan, 392 F. Supp. 3d 907 (N.D. Ill 2019)
- Alice F. v. Health Care Serv. Corp., 367 F. Supp. 3d 817 (N.D. Ill. 2019)
- Day v. Humana Ins. Co., 335 F.R.D. 181 (N.D. Ill. 2020)
Protect Your Claim
If you've had a health insurance claim denied, it's essential to understand your options and the steps you can take to protect your claim.
You can appeal the denial through your insurance company's internal process, which may involve filing paperwork and providing additional information to support your claim.
A skilled healthcare benefits lawyer can assist you in understanding the terms of your plan and advise you on the appeal and litigation process, helping you preserve your claim and build a strong case.
If you're unsure about the denial, it's crucial to exhaust your insurance company's internal appeals process before seeking outside help.
You can request a free independent review of your situation through an Independent Review Organization, which can help strengthen your case.
If the Independent Review Organization finds your claim was rightfully denied, it may be difficult to proceed, but don't let the insurance company weaponize mountains of paperwork and procedural rules against you.
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A seasoned and reliable health insurance claim denial lawyer can guide you through the process and advocate for you when your insurance company lets you down.
Here are some types of medical and mental health treatment claim denials that can be successfully challenged:
- Proton beam radiation therapy for cancer
- Residential treatment for mental health and substance use disorders
- Applied Behavior Analysis (ABA) therapy for autism
- Transition-related and gender-affirming healthcare for gender dysphoria
Lawyers in MD
If you're dealing with a health insurance claim denial in Maryland, you're not alone. About 17 of every 100 healthcare claims are denied, leaving many people wondering what to do next.
In Maryland, you can seek help from experienced health insurance dispute lawyers in Ellicott City, Silver Spring, and Bethesda. These lawyers can assist individuals who have substantial bills for physical or mental health treatment that have been denied by the insurance company.
Time is of the essence when dealing with insurance claim denials. Many insurance companies require you to go through their internal appeals process within a certain time frame. In Maryland, the statute of limitations on bad faith insurance lawsuits varies from one year to six.
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Insurance companies often have a clause that institutes a one-year "Suit Against Us" policy, meaning you have only one year from the date of your loss to file an appeal. Engaging an insurance dispute lawyer as soon as possible can help ensure you begin the process within the correct time frame.
If you're suffering from an injury or illness and have learned that your medical expenses aren't covered, you can appeal the denied claim. Medical insurance companies may cause a dispute to arise for a number of reasons, including denials of coverage for services rendered or refusal to authorize a procedure or treatment.
Here are some reasons why you may need to appeal your health insurance claim denial in Maryland:
- Denials of coverage for services rendered
- Refusal to authorize a procedure or treatment
Medical Disputes
About 17 of every 100 healthcare claims are denied, so don't assume you're alone in dealing with a denied claim.
Time is of the essence when disputing a health insurance claim. Many insurance companies require you to go through their internal appeals process within a certain time frame, and the statute of limitations on bad faith insurance lawsuits varies from state to state, often from one year to six.
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You have only one year from the date of your loss to file an appeal, due to many insurance companies' "Suit Against Us" policy. This is a crucial deadline to keep in mind.
Health insurance companies can deny claims, but consumers can challenge these denials. Engaging an insurance dispute lawyer as soon as possible can help ensure that you begin the process within the correct time frame.
A seasoned lawyer has several avenues at their disposal to attempt to settle a health insurance dispute. Your health insurance policy needs to be carefully reviewed first to determine the procedures that must be followed to ensure that coverage is provided.
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Payment and Coverage
Health insurance claim denials can be frustrating and confusing, especially when it comes to payment and coverage. The Mental Health Parity and Addiction Equity Act (MHPAEA) requires most health plans to provide equal coverage for mental health and substance abuse treatments as they do for medical and surgical claims.

You might be surprised to learn that state laws have increased insurance coverage requirements for certain conditions, such as pregnancy, childbirth, and prescription medication costs. These laws vary by state, so it's essential to review your specific policy and state regulations.
The MHPAEA is a federal law passed in 1996 to address disparities in insurance coverage for mental health and substance abuse treatments. This means that most health plans must provide equal coverage for these treatments as they do for medical and surgical claims.
If you suspect your insurer is denying certain areas of your care that should be covered, contact a health insurance claim denial lawyer for a review of your situation. They can help you navigate the complexities of your policy and state laws to ensure you receive the coverage you deserve.
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Ignoring Requests Can Be Costly
Ignoring requests for documents can have serious consequences for health insurers. Courts may view their decisions as less credible if they fail to provide necessary information.
You're entitled to a cost-free, external review if your health plan provides for it, and this review can be conducted by an independent review organization.
Health insurers need to be transparent in adjudicating claims, especially for mental health treatment benefits. Recent developments in litigation have sent a clear message on this.
An experienced healthcare lawyer can guide you through the process of requesting an external review, including navigating the independent review organization's decision.
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Frequently Asked Questions
Can I sue an insurance company for denying my claim?
Yes, you may be able to sue an insurance company for denying your claim, especially if the denied service is crucial to your health or the health of a loved one
Sources
- https://www.debofsky.com/articles/hire-lawyer-claim-health-insurance-denial/
- https://www.gmlawyers.com/practice-areas/appeal-health-insurance/
- https://www.debofsky.com/health-insurance-benefits/
- https://www.wallaceinsurancelaw.com/legal-services/health-insurance/
- https://andalmanflynn.com/disability-benefits-law/medical-insurance/
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