How to Appeal Insurance Denials for Brand-Name Medications
When your doctor prescribes a brand-name medication and your insurance denies it, you’re not alone. Thousands of people face this every year-especially when insurers push for cheaper generics, even when those alternatives haven’t worked for you. It’s frustrating, confusing, and sometimes dangerous. But you can fight back. And you don’t need a lawyer to start. Here’s exactly how to get your brand-name medication covered when insurance says no.
Why Your Insurance Denied Your Brand-Name Prescription
Most denials happen because your plan’s formulary-the list of drugs they cover-doesn’t include your medication. Insurers often switch formularies without warning, dropping brand-name drugs to save money. Sometimes they say you need to try a generic first. But if you’ve already tried generics and they didn’t work-or made you worse-that’s not just inconvenient. It’s medically unnecessary. According to the Centers for Medicare & Medicaid Services, 63% of prior authorization denials for specialty drugs involve brand-name medications. The reason? Cost, not clinical need. Insurers don’t always care about your history. They care about the bottom line. That’s why documentation is everything.Step 1: Get the Exact Reason for Denial
Your insurance must send you an Explanation of Benefits (EOB) within five business days of denying your claim. Don’t ignore it. Open it. Look for the denial code or reason. Common phrases include:- “Generic equivalent available”
- “Prior authorization not obtained”
- “Not medically necessary”
- “Formulary exclusion”
Step 2: Ask Your Doctor for a Letter of Medical Necessity
This is the single most important step. A letter from your doctor isn’t just helpful-it’s required. GoodRx analyzed over 1,200 denied claims and found that 78% of successful appeals included a detailed letter from the prescribing physician. Your doctor’s letter should include:- Your diagnosis and how the medication treats it
- Specific prior attempts with generics or other brand-name alternatives-and why they failed
- Any side effects you experienced with other drugs
- How this medication improves your daily life (sleep, mobility, pain levels, etc.)
- Your diagnosis code (ICD-10) and the drug’s CPT code
- A clear statement: “This medication is medically necessary for this patient”
Step 3: File Your Internal Appeal
Most insurers require you to appeal internally before going further. You have up to 180 days from the denial date to file, but don’t wait. The sooner you act, the faster you get results. Your appeal letter should include:- Your full name, date of birth, and insurance ID
- The date of denial and denial reference number
- A copy of the doctor’s letter
- Any lab results, specialist notes, or hospital records supporting your case
- A clear request: “I request coverage for [drug name] under my plan”
Step 4: Request an Expedited Review If You Need It
If your condition is urgent-like insulin dependence, epilepsy, or severe autoimmune disease-you can ask for an expedited review. Insurers must respond within 4 business days. You don’t need to prove it’s an emergency. Just say it clearly: “I am requesting an expedited appeal because stopping this medication could result in hospitalization.” Call your insurer. Say: “I need an expedited review under Healthcare.gov guidelines.” Then follow up with a written request. Include your doctor’s note. If they refuse, note the date and name of the representative. You’ll need this later.Step 5: If the Internal Appeal Fails, Go External
If your insurer says no again, you can request an external review by an independent third party. This is where success rates jump. CMS data shows internal appeals succeed in only 39% of brand-name cases. External reviews approve coverage in 58% of cases. Who handles this depends on your plan:- ERISA plans (61% of Americans): Contact the U.S. Department of Health and Human Services
- State-regulated plans: Contact your state’s insurance commissioner
When to Hire a Lawyer
You don’t need one to start. But if your case is complex, involves long-term medication, or you’ve been denied twice, consider legal help. Kantor & Kantor found that appeals drafted by attorneys have a 47% higher success rate than self-filed ones. Why? Because insurers use legal language to deny claims. They hide behind ERISA rules. A lawyer knows how to counter those tactics. If you’re on Medicare, Medicaid, or a state plan, legal aid organizations often help for free. For ERISA plans, some attorneys work on contingency-they only get paid if you win.Real Stories: What Works
One Reddit user, ‘DiabeticDad87’, got Humalog insulin approved after his child had multiple severe hypoglycemic episodes on generic insulin. He submitted a letter from his endocrinologist detailing blood sugar logs and ER visits. Approval came in 11 days. Another patient on PatientsLikeMe spent six months fighting a denial for a brand-name migraine drug. The first two appeals failed. Only when he hired a lawyer and submitted 18 months of medical records did he win. Cost: $2,500. But he got his medication-and kept his quality of life.What to Do While You Wait
Don’t stop your medication. Many drug manufacturers offer patient assistance programs. Eli Lilly’s Insulin Value Program has helped over 1.2 million people access brand-name insulin while appeals are pending. Check the manufacturer’s website. Ask your pharmacist. You might get free or low-cost medication until your appeal is resolved.What Doesn’t Work
- Waiting too long to appeal. Time limits are strict. - Sending vague letters. “I need this drug” isn’t enough. - Not involving your doctor. Only 22% of appeals succeed without physician support. - Assuming generics are always safe. They’re not. Many patients react differently to biosimilars or inactive ingredients.What’s Changing in 2025
The Biden administration’s 2023 executive order pushed CMS to simplify the external review process. Medicare Part D plans now have real-time benefit tools that show coverage before you fill a prescription. That should cut denials by 15-20%. But insurers are still overwhelmed. Physicians now spend over 13 hours a week on prior authorizations. That means delays. Your job is to stay ahead of them.Final Tip: Document Everything
Keep a folder-digital or physical-with:- Denial letters
- Doctor’s letters
- Call logs (date, time, name, summary)
- Emails
- Prescription receipts
- Lab results
You’re not asking for luxury. You’re asking for the medication your body needs. Insurance companies have rules. But you have rights. Use them.
What if my insurance says a generic is just as good?
Insurers often claim generics are equivalent-but that’s not always true. For some medications, like seizure drugs, immunosuppressants, or insulin, even small differences in inactive ingredients can cause serious side effects. Your doctor’s letter must show you’ve tried generics and had negative outcomes. Clinical evidence beats insurance assumptions.
How long does the appeal process take?
Internal appeals take 30 days for new prescriptions and 60 days for ongoing meds. Expedited reviews take 4 business days. External reviews take 30-60 days. Don’t wait until the last day. Start as soon as you’re denied.
Can I get my medication while I wait for the appeal?
Yes. Many drugmakers offer temporary assistance programs. Eli Lilly, Novo Nordisk, and AbbVie all have patient support services that provide free or low-cost medication during appeals. Call the manufacturer’s patient helpline. Your pharmacist can help you find it.
What’s the difference between ERISA and non-ERISA plans?
ERISA plans are run by employers and follow federal law. They limit your legal options-you can’t sue in state court. Non-ERISA plans (like individual or Medicaid plans) follow state rules and allow more legal recourse. If you’re unsure, check your plan documents or call your HR department. ERISA covers about 61% of insured Americans.
Is it worth appealing for expensive medications?
If the drug is critical to your health, yes. External reviews approve 58% of brand-name appeals. For insulin, epilepsy drugs, or biologics, the success rate is even higher. The cost of not taking your medication-ER visits, hospital stays, lost work-is far greater than the cost of fighting the denial.
Can I appeal if I’m on Medicare?
Yes. Medicare Part D has its own appeal process. You have 60 days from denial to file. Medicare Advantage plans must follow the same rules. Real-time benefit tools now show coverage before you fill a prescription, so denials are dropping. Still, if you’re denied, appeal. The process is the same: doctor’s letter, documentation, follow-up.
If you’re still stuck, contact your state’s Health Insurance Assistance Program (SHIP). They offer free counseling. You’re not alone in this fight.