Pick the level and enter the date on the notice.
Medicare appeals run through five levels, and each one has its own filing window. Treating them as a single “appeal deadline” is how practices miss them — the 120 days you had at the first level becomes 60 days by the third, and nothing warns you.
| Level | Decided by | Filing window |
|---|---|---|
| 1. Redetermination | Your MAC | 120 days from receipt of the initial determination |
| 2. Reconsideration | A Qualified Independent Contractor | 180 days from receipt of the redetermination |
| 3. ALJ hearing | Office of Medicare Hearings and Appeals | 60 days from receipt of the reconsideration |
| 4. Appeals Council | Medicare Appeals Council | 60 days from receipt of the ALJ decision |
| 5. Judicial review | Federal District Court | 60 days from receipt of the Council decision |
Levels 3 and 5 also carry an amount in controversy threshold — the claim has to be worth enough to justify the forum. Those figures are indexed and published annually, so check the current amount before planning an ALJ appeal on a small-dollar claim. Small claims can often be aggregated to reach the threshold.
The clock runs from receipt, not from the date on the notice — and receipt is presumed to be five days after that date unless you can show otherwise.
That sounds like a technicality until a filing lands on day 121. Counting from the notice date makes you five days early, which costs nothing. Counting from the day it physically arrived, with no evidence of when that was, makes you five days optimistic — and the contractor counts from the presumption, not from your recollection.
This calculator applies the five days for you. If you have proof of a later delivery date, you may have longer, but build the plan around the presumption and treat anything extra as a buffer.
Medicare allows late filing for good cause at the first two levels. It is not a formality and it is not granted for being busy, but genuine circumstances — serious illness, a records request that went unanswered, a notice sent to the wrong address — are considered when documented and explained in the request itself.
What does not work is filing late and hoping nobody notices. State the reason, attach what supports it, and ask explicitly for good cause. A request that ignores its own lateness is simply dismissed.
Timely filing & appeal deadline calculator for commercial payers, Medicare billing guide, and appeal letter generator. Programme rules are set federally and revised periodically — confirm current windows and thresholds with your MAC before relying on them for a specific claim.
Denial management is what we do — including the Medicare ladder, where the deadlines tighten at every level. The first week is free.
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