Your deadlines, explained

Checked against the current rules on September 23, 2026.

There are two clocks running on a claims-ladder denial: your deadline to file, and your MAC's own deadline to decide once you have. Missing either one changes what happens next — but neither one is as unforgiving as it might feel in the moment.

Here's exactly how each one is calculated, what happens if they're missed, and why the claims ladder and the fast-track ladder run on genuinely different clocks.

Your deadline to file

120 days from the date on the Medicare Summary Notice — 120 calendar days from when you receive it (42 CFR § 405.942(a)), with receipt presumed to be 5 days after the notice's own date unless shown otherwise.42 CFR 405.942

Later claims-ladder levels each have their own filing deadline, measured from the decision notice at that level rather than the original MSN — see the five claims-ladder appeal levels for each one.

The 5-day mailing presumption isn't a formality — it exists specifically because the regulation assumes you didn't get the notice the same day it was printed. If you can show you actually received it later than that, the clock can start from the real receipt date instead.

Your MAC's own clock to decide

60 calendar days from when the MAC receives your timely request. Each time you submit new evidence after filing, that 60-day clock is extended by up to 14 more calendar days for that submission (42 CFR § 405.950(a), (b)(3)) — this can happen more than once.

The QIC's own reconsideration clock, once you've filed: 60 calendar days from when the QIC receives your timely request (42 CFR § 405.970). If the QIC can't meet that deadline, it must offer you the chance to escalate straight to OMHA instead of waiting (42 CFR § 405.970(e)(2)) — CaseWhy Appeals tells you the moment that right opens up.

Unlike a fast-track termination appeal, nothing on this ladder forwards itself automatically just because a deadline is missed — if your MAC or QIC misses its own clock, you generally have to actively ask to escalate to the next level rather than wait.

This ladder doesn't have expedited review — the fast-track ladder does

There's no faster, hours-scale review option on the claims ladder itself — every level here runs on a days-to-weeks clock, start to finish.

A genuinely urgent situation — a skilled nursing, home health, or hospice stay ending, or a hospital discharge or observation-status change — goes through a completely separate, same-day fast-track process instead, with its own QIO phone number and its own much shorter clock.

The fast-track ladder's own same-day windows

These specific notices come with their own same-day fast-appeal option through an outside reviewer (the QIO), separate from the claims-ladder timeline above:

Questions people ask

What date does my 120-day deadline actually start from?
The date printed on the Medicare Summary Notice — not the date you opened the envelope or noticed it. The extra 5 days beyond that already account for mail transit.
Can I ask for more time?
The first-level deadline can be extended for good cause. There's no guaranteed list of what qualifies — a serious illness, a family emergency, or not having received the notice are all reasonable explanations.

Sources — last checked September 23, 2026

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By CaseWhy Appeals editorial. See how this content is produced. Not legal advice. Not affiliated with or endorsed by Medicare, CMS, or any health plan. A product of CaseWhy LLC.