Skip to content

Patient Portal 

|

Text Us: 929-600-7724
MIND BODY Psychiatry Logo
  • About Us
    our team
    Our Team
    refer
    Refer a Patient
    career
    Careers
    fees
    Fees & Insurance
    drlewis
    DrLewis Functional Psychiatry Practice
  • Services
    hypnotherapy
    Hypnotherapy
    ketamine
    Ketamine Psychotherapy
    med management
    Medication Management
    nutrition
    Nutrition & Supplements
    psychiatric
    Psychiatric Evaluation & Treatment
    psychotherapy
    Psychotherapy
    service row1 (1)
    Child & Adolescent Psychiatry / Therapy
    service row1 (2)
    Adult Psychiatry and Therapy
    service row1 (3)
    Women’s Mental Health
    service row1 (4)
    LGBTQ+ Affirming Care
    service row1 (5)
    Executive & Professional Mental Health
    service row1 (6)
    Telehealth Psychiatry
    service row1 (7)
    Online Therapy
    service row1 (8)
    In-Person Psychiatry
    service row1 (9)
    Out-of-Network Psychiatrist
    Child Adolescent Psychiatry Therapy
    Couple’s Therapy
    Family Therapy
    Family Therapy
    Play Therapy
    Play Therapy
    Individual Therapy
    Individual Therapy
    Evidence Based Therapies
    Evidence-Based Therapies
    Integrative Psychotherapy
    Integrative Psychotherapy
    Integrative Mind Body Approaches
    Integrative & Mind-Body Approaches
    Mindfulness Based Therapy
    Mindfulness-Based Therapy
    Depression
    Depression & Treatment-Resistant Depression
    anxiery
    Anxiety / Health Anxiety / Panic Disorder
    adhd adults child
    ADHD (Adult & Child)
    ptsd menu
    PTSD & Trauma
    ocd menu
    OCD Treatment
    bipolar (1)
    Bipolar Disorder Treatment
    insomia
    Insomnia Treatment
    burnout (1)
    Burnout & Chronic Stress Treatment
    mental health support
    Grief Treatment
    post partum (1)
    Postpartum & Perinatal Mental Health Treatment
    therapy approaches (2)
    Therapy Approaches & Modalities
    cbt (1)
    Cognitive Behavioral Therapy (CBT)
    dbt (2)
    Dialectical Behavior Therapy (DBT)
    act (4)
    Acceptance and Commitment Therapy (ACT)
    psychodynamic (1)
    Psychodynamic Therapy
    emdr (1)
    EMDR Therapy
    last card (1)
    Internal Family Systems (IFS) Therapy
    trauma therapy (2)
    Exposure and Response Prevention (ERP)
    last card (3)
    Hypnotherapy
    trauma therapy (1)
    Trauma therapy
    emdr
    EMDR Therapy for Trauma
    trauma therapy (4)
    Trauma-Focused Cognitive Behavioral Therapy (TF-CBT)
    psych services
    Internal Family Systems (IFS) Therapy for Trauma
    Psychiatric Consultation (4)
    Psychedelic Integration Therapy
    somantic trauma (4)
    Somatic / Mind-Body Trauma Therapy
    somantic trauma (1)
    Psychiatry Services
    Psychiatric Consultation (4)
    Psychiatric Evaluation
    psych medication (1)
    Psychiatric Medication Management
    integrative psych (2)
    Integrative Psychiatry
    psych medication (2)
    Functional Psychiatry
    Psychedelic Integration (2)
    Metabolic Psychiatry
    Psychedelic Integration (4)
    Psychopharmacology
    Psychiatric Consultation (3)
    Psychiatric Consultation
    Psychiatric Consultation (1)
    Ketamine & Psychedelic Therapies
    ketamine (1)
    Ketamine-Assisted Psychotherapy
    ketamine infusion (2)
    Ketamine Infusion Therapy
    Psychedelic (1)
    Psychedelic Integration Therapy
    Psychedelic Integration (1)
    Treatment-Resistant Depression

    Book a Comprehensive ADHD Evaluation and Computerized Attention Assessment

  • Specialties
    addiction
    Addiction Treatment
    celebrating people
    ADHD Treatment
    anxiety
    Anxiety Treatment
    bipolar
    Bipolar Disorder Treatment
    smiling woman
    Body Image and Disordered Eating Treatment
    depression
    Depression Treatment
    grief
    Grief Therapy
    health anxiety
    Health Anxiety Treatment
    insomia
    Insomnia Treatment
    lgbt
    LGBTQ+ Affirming Therapy
    panic therapy
    Panic Therapy & Treatment
    relationship
    Relationship Therapy
    stress
    Stress Treatment
    trauma
    Trauma Therapy & Healing
    woman's health
    Women's Mental Health Treatment
  • Resources
    resources
    Resources
    faqs
    FAQs
    blog
    Blogs
    review
    Reviews
  • Contact Us
(212) 621-7770
Current patient
New Patient
MIND BODY Psychiatry Logo
Open menu
Close menu
  • About Us
    • Our Team
    • The Seven
    • Fees and Insurance
    • Careers
  • Services
    • ADHD Evaluation
    • Health & Wellness Coaching
    • Hypnotherapy
    • Ketamine Therapy
    • Medication Management
    • Nutrition And Supliment
    • Psychiatric Evaluation and Treatment
    • Psychotherapy
    • Child & Adolescent Psychiatry / Therapy
    • Adult Psychiatry and Therapy
    • Women’s Mental Health
    • LGBTQ+ Affirming Care
    • Executive & Professional Mental Health
    • Telehealth Psychiatry
    • Online Therapy
    • In-Person Psychiatry
    • Out-of-Network Psychiatrist
    • Couple’s Therapy
    • Family Therapy
    • Play Therapy
    • Individual Therapy
    • Evidence-Based Therapies
    • Integrative Psychotherapy
    • Integrative & Mind-Body Approaches
    • Mindfulness-Based Therapy
    • Depression & Treatment-Resistant Depression
    • Anxiety / Health Anxiety / Panic Disorder
    • ADHD (Adult & Child)
    • PTSD & Trauma
    • OCD Treatment
    • Bipolar Disorder Treatment
    • Insomnia Treatment
    • Burnout & Chronic Stress Treatment
    • Grief Treatment
    • Postpartum & Perinatal Mental Health Treatment
    • Therapy Approaches & Modalities
    • Cognitive Behavioral Therapy (CBT)
    • Dialectical Behavior Therapy (DBT)
    • Acceptance and Commitment Therapy (ACT)
    • Psychodynamic Therapy
    • EMDR Therapy
    • Internal Family Systems Therapy
    • Exposure and Response Prevention
    • Clinical Hypnotherapy
    • Trauma Therapy
    • EMDR Therapy for Trauma
    • Trauma-Focused Cognitive Behavioral Therapy
    • Internal Family Systems Therapy for Trauma
    • Psychedelic Integration Therapy
    • Somatic / Mind-Body Trauma Therapy
    • Psychiatric Services
    • Psychiatric Evaluation
    • Psychiatric Medication Management
    • Integrative Psychiatry
    • Functional Psychiatry
    • Metabolic Psychiatry
    • Psychopharmacology
    • Psychiatric Consultation
    • Ketamine & Psychedelic Therapies
    • Ketamine-Assisted Psychotherapy
    • Ketamine Infusion Therapy
    • Psychedelic Integration Therapy
    • Treatment-Resistant Depression
  • Specialties
    • Anxiety Treatment
    • ADHD Treatment
    • Trauma Therapy & Healing
    • Bipolar Disorder Treatment
    • Depression Treatment
    • Body Image and Disordered Eating Treatment
    • LGBTQ+ Affirming Therapy
    • Women’s Mental Health Treatment
    • Addiction Treatment
    • Grief Therapy
    • Panic Therapy & Treatment
    • Stress Treatment
    • Insomnia Treatment
    • Relationship Therapy
    • Health Anxiety Treatment
  • Resources
    • FAQs
    • Blogs
    • Reviews
  • Contact Us
  • About Us
    • Our Team
    • The Seven
    • Fees and Insurance
    • Careers
  • Services
    • ADHD Evaluation
    • Health & Wellness Coaching
    • Hypnotherapy
    • Ketamine Therapy
    • Medication Management
    • Nutrition And Supliment
    • Psychiatric Evaluation and Treatment
    • Psychotherapy
    • Child & Adolescent Psychiatry / Therapy
    • Adult Psychiatry and Therapy
    • Women’s Mental Health
    • LGBTQ+ Affirming Care
    • Executive & Professional Mental Health
    • Telehealth Psychiatry
    • Online Therapy
    • In-Person Psychiatry
    • Out-of-Network Psychiatrist
    • Couple’s Therapy
    • Family Therapy
    • Play Therapy
    • Individual Therapy
    • Evidence-Based Therapies
    • Integrative Psychotherapy
    • Integrative & Mind-Body Approaches
    • Mindfulness-Based Therapy
    • Depression & Treatment-Resistant Depression
    • Anxiety / Health Anxiety / Panic Disorder
    • ADHD (Adult & Child)
    • PTSD & Trauma
    • OCD Treatment
    • Bipolar Disorder Treatment
    • Insomnia Treatment
    • Burnout & Chronic Stress Treatment
    • Grief Treatment
    • Postpartum & Perinatal Mental Health Treatment
    • Therapy Approaches & Modalities
    • Cognitive Behavioral Therapy (CBT)
    • Dialectical Behavior Therapy (DBT)
    • Acceptance and Commitment Therapy (ACT)
    • Psychodynamic Therapy
    • EMDR Therapy
    • Internal Family Systems Therapy
    • Exposure and Response Prevention
    • Clinical Hypnotherapy
    • Trauma Therapy
    • EMDR Therapy for Trauma
    • Trauma-Focused Cognitive Behavioral Therapy
    • Internal Family Systems Therapy for Trauma
    • Psychedelic Integration Therapy
    • Somatic / Mind-Body Trauma Therapy
    • Psychiatric Services
    • Psychiatric Evaluation
    • Psychiatric Medication Management
    • Integrative Psychiatry
    • Functional Psychiatry
    • Metabolic Psychiatry
    • Psychopharmacology
    • Psychiatric Consultation
    • Ketamine & Psychedelic Therapies
    • Ketamine-Assisted Psychotherapy
    • Ketamine Infusion Therapy
    • Psychedelic Integration Therapy
    • Treatment-Resistant Depression
  • Specialties
    • Anxiety Treatment
    • ADHD Treatment
    • Trauma Therapy & Healing
    • Bipolar Disorder Treatment
    • Depression Treatment
    • Body Image and Disordered Eating Treatment
    • LGBTQ+ Affirming Therapy
    • Women’s Mental Health Treatment
    • Addiction Treatment
    • Grief Therapy
    • Panic Therapy & Treatment
    • Stress Treatment
    • Insomnia Treatment
    • Relationship Therapy
    • Health Anxiety Treatment
  • Resources
    • FAQs
    • Blogs
    • Reviews
  • Contact Us
Home / Guides / Appeal a mental health denial

How to Appeal a Mental Health Insurance Denial in New York

Decide Facts checked November 8, 2026 · Reviewed by Dr. Beata Lewis, MD, Founder and Clinical Director, board-certified in adult psychiatry, child and adolescent psychiatry, and integrative medicine on November 8, 2026

Short answer

Most New York-regulated plans give you two steps. First, an internal appeal to the plan, which DFS says you have 180 days to file. If the plan upholds the denial, you can ask the Department of Financial Services for an external appeal decided by independent reviewers, generally within four months of receiving the final denial. Self-funded employer plans follow federal rules instead, so check your denial letter for its exact deadlines.

In crisis or thinking about suicide? Call or text 988 now (in New York City it reaches NYC 988). If you are in immediate danger, call 911.

This guide is not enough if

  • You need care right now. If you are in crisis, call or text 988, or call 911 if you are in immediate danger. Do not wait on an appeal.
  • You have Medicare. Medicare has its own appeal levels and notices.
  • The problem is a missing code or a typo on a claim. A corrected claim is usually faster than an appeal.
  • You want legal advice. This page is general information only.

In this guide

  1. A denial letter is not the last word
  2. Find out which rules apply to your plan
  3. Step 1: the internal appeal
  4. What to put in your appeal packet
  5. Step 2: a New York external appeal
  6. If your plan is self-funded
  7. When an appeal is not the right next step
  8. Frequently asked questions
  9. Sources

A denial letter is not the last word

A denial for therapy, a psychiatric evaluation or a medication visit can feel final, especially when you are already struggling. In many cases it is the start of a process with set steps and deadlines, and you are allowed to use them.

This guide is the general map for New York. For a worked example with one treatment, see appealing a TMS denial in New York. If your out-of-network claim bounced for missing information, what a superbill is covers corrected claims.

Find out which rules apply to your plan

DFS says New York's rules apply to individual and group policies that you or your employer buy in New York. For a self-funded employer plan, an insurer may still process the claims, but DFS says New York protections do not apply. Those plans follow federal rules from the U.S. Department of Labor.

Look for "fully insured coverage" on your ID card, which DFS says means your coverage follows New York law, or ask your benefits office. Medicare has a separate appeal system. Your denial letter should also name the type of plan and the steps it offers.

Step 1: the internal appeal

The internal appeal goes to your plan. DFS says you or someone you choose (a designee) can submit it within 180 days. New York law sets a floor of 45 days, so use the date in your own letter. Then:

  • Read the reason. "Not medically necessary," "experimental," "out-of-network" and "missing information" each call for a different response.
  • Ask for the criteria. DFS says you can request a copy of the clinical review criteria the plan used, and that New York insurers must use state-approved tools to decide whether mental health care is medically necessary.
  • Ask your clinician for a letter. It works well when it answers the plan's criteria point by point and attaches the records that show each one.
  • Know who decides. Under Insurance Law section 4904, a clinical peer reviewer who did not make the first decision hears the appeal.
  • Know the timing. The law gives the plan 30 days after it receives the necessary information for a standard appeal, and 2 business days for an expedited appeal when your provider believes an immediate appeal is warranted.

What to put in your appeal packet

A strong appeal is usually an organized one. Reviewers decide on what reaches them, so gather the pieces before the deadline gets close:

  • The denial letter, the claim or reference number, and the date you received the letter.
  • The plan's clinical review criteria or policy, with its name and date.
  • A letter from your psychiatrist, therapist or other clinician that addresses each criterion.
  • Records that back up the letter, such as dates of earlier treatment, medicines tried and why they stopped, and any rating scales your clinician used.
  • A short statement from you, if you want, about how symptoms affect work, school, family or safety.
  • A log of every call: date, name, what was said and any reference number.
  • A copy of everything you send, and proof of how and when you sent it.

Step 2: a New York external appeal

If the plan upholds its denial, it issues a final adverse determination. You can then ask DFS for an external appeal, which a medical expert independent of your plan decides. These points come from the DFS external appeal page, its application form and Insurance Law section 4914:

  • What qualifies: denials for care the plan calls not medically necessary, experimental or investigational (including clinical trials and rare diseases), out-of-network services or referrals, formulary exceptions, and certain No Surprises Act denials.
  • Your deadline: the law gives you four months after you receive the final adverse determination. A 2025 DFS flyer says 120 days, which can be a little shorter, so plan around the earlier date.
  • Who can file: you, your designee, or your provider. A provider appealing on its own behalf has 60 days, and only for services already provided.
  • A second internal level is optional. If you use it, DFS says the four months still run from the first appeal decision.
  • Decision times: 30 days for a standard appeal and 72 hours for an expedited one. You can ask for an expedited internal and external appeal at the same time.
  • Paperwork: a signed consent to release records, plus a physician attestation for expedited appeals and for most denial types other than "not medically necessary." A plan may charge a fee; it is waived for Medicaid, Child Health Plus or hardship and returned if you win.
Match the denial reason to your first move (New York-regulated plans)
Reason on the letterUsual first moveIf the plan says no again
Not medically necessaryInternal appeal with the plan's criteria and a clinician letter that answers each oneExternal appeal through DFS
Experimental or investigationalInternal appeal; ask exactly which policy the plan appliedExternal appeal with a physician attestation
Out-of-network service or referralInternal appeal with your physician's statement on why in-network options do not fitExternal appeal (out-of-network or referral type)
Missing information, coding or late filingCorrected claim or resubmission; ask the plan which route it wantsInternal appeal if it is still denied
Waiting could seriously harm your healthAsk for an expedited internal appealExpedited external appeal, which can be filed at the same time
Self-funded employer planInternal appeal under the plan's federal processExternal review as your denial notice describes

Swipe the table sideways to see every column.

If your plan is self-funded

The Department of Labor says you have at least 180 days to appeal a denied claim under a job-based plan, and your summary plan description may allow longer. The plan must give you copies of documents and records relevant to your claim, free of charge, if you ask.

The external review route depends on whether the plan is self-funded or insured, and your denial notice should describe it. Labor Department benefits advisors can help for free through askebsa.dol.gov. If the denial looks harsher than how the plan treats medical care, federal parity rules may matter.

When an appeal is not the right next step

Some problems are faster to fix another way. A missing code or a wrong member ID usually needs a corrected claim. A dispute about how much an out-of-network claim paid may not fit the external appeal categories, so DFS complaints are another route. If no in-network clinician can see you in time, an access complaint may fit better; see when you can't find an in-network psychiatrist.

Do not let an appeal delay care you need. Talk with your clinician about a plan for the meantime, and compare in-network, out-of-network and self-pay if you need to keep going while you wait. Mind Body Seven is out-of-network with all plans, files out-of-network claims for many clients with Cigna, Aetna or BCBS plans, and offers superbills in its patient portal; details are on the fees and insurance page.

Frequently asked questions

Do I have to file a second internal appeal before going to DFS?

No. DFS says that if your plan offers a second level of internal appeal, you do not have to use it. If you choose to, you still must send your external appeal to DFS within four months of the first appeal decision. Waiting on a second level can use up most of your window, so mark the date as soon as the first decision arrives.

What if my plan misses its own appeal deadline?

The New York external appeal application lists a plan's failure to follow internal appeal requirements as one way to become eligible for external appeal. Keep proof of when you filed and what you sent. If you are unsure whether the plan missed a deadline, DFS answers external appeal questions, and New York's Behavioral Health Ombudsman program (CHAMP) can help with mental health appeals.

Can I appeal if my plan won't pay for an out-of-network therapist?

Sometimes. DFS lists out-of-network denials among those that can go to external appeal, for example when the plan says an in-network service would work instead. A disagreement about the size of an out-of-network payment is different and may not qualify. Read the reason in your letter, and ask the plan in writing which appeal rights apply to that decision.

Is there a fee for a New York external appeal?

There can be. The DFS application says a plan may require a fee, that it is waived for people covered by Medicaid or Child Health Plus, and that you can ask for a hardship waiver. If the appeal is decided in your favor, the fee is returned to you. Some plans charge no fee at all; your denial letter should say.

Next: take the next step

When you are ready, read more about how Mind Body Seven can help, in Brooklyn or by telehealth across New York State, or request a consultation and an Intake Coordinator will follow up.

Fees and insuranceBook a consultation

Keep reading

  • No in-network psychiatrist available Decide
  • Federal vs New York parity Compare
  • In-network vs out-of-network vs self-pay Compare
  • All guides

Already on this site

  • TMS Denied by Insurance? How to Appeal in New York
  • What Is a Superbill? How to Get Reimbursed for Therapy

If you need help now

  • 988 Suicide & Crisis Lifeline: call or text 988, or chat at 988lifeline.org/chat. Free, confidential, 24/7.
  • New York City: in NYC, 988 is answered by NYC 988, the city's crisis line, which replaced NYC Well in 2023. Help is available in Spanish (press 2 after dialing) and through interpreters in more than 200 languages. If you are deaf or hard of hearing, use your relay service or dial 711, then 988. NYC 988 can also send a Mobile Crisis Team to where a person is, from 8 am to 8 pm, seven days a week.
  • Immediate danger: call 911 or go to the nearest emergency room.

Crisis line details checked on November 8, 2026 against NYC 988 and the NYC Health Department testimony on NYC 988, September 26, 2025. More numbers: crisis and support hotlines. Mind Body Seven cannot respond to emergencies.

Sources

  • NYS DFS: New York State External Appeal
  • NYS DFS: New York State External Appeal Application (EA 04/23)
  • NYS DFS: Your Right To Appeal A Health Plan Decision (updated August 2025)
  • NYS DFS: Mental Health and Substance Use Disorder Information
  • NY Insurance Law section 4904, Appeal of adverse determinations
  • NY Insurance Law section 4914, External appeal procedures
  • U.S. Department of Labor: Filing a Claim for Your Health Benefits
  • Mind Body Seven: Fees and Insurance

Recent changes

  • May 15, 2025: The federal Departments of Labor, HHS and the Treasury said they will not enforce the parts of the 2024 parity rule that are new compared with the 2013 rule while they reconsider it. The parity statute and the 2013 rule still apply, which can matter in mental health appeals. U.S. Department of Labor: Statement regarding enforcement of the final rule on requirements related to MHPAEA

Reviewed by Dr. Beata Lewis, MD, Founder and Clinical Director, board-certified in adult psychiatry, child and adolescent psychiatry, and integrative medicine on November 8, 2026. Facts checked against the sources above on November 8, 2026. This guide is general education, not medical advice, a diagnosis or a treatment plan, and reading it does not make you a patient of Mind Body Seven. For advice about your situation, talk with a licensed clinician.

In crisis or thinking about suicide? Call or text 988 (Suicide & Crisis Lifeline, 24/7) or call 911. Veterans: dial 988, then press 1. This practice cannot respond to emergencies.

Ready to begin your healing journey?

Get started with Mind Body Psychiatry

Schedule a Consultation
MIND BODY Psychiatry LOGO White
Facebook Youtube Instagram Mental Health Support tiktok

Join our Newsletter

Join our email list. Subscribers receive exclusive content featuring my best wisdom, resources, and advice to enhance your well-being.

This form is provided by our patient-intake system (HighLevel), which sets its own cookies when the form loads.


Specialties

  • ADHD
  • Anxiety
  • Bipolar Disorder
  • Depression
  • Grief Therapy
  • Trauma
  • Eating & Body Concerns
  • Relationship Concerns
  • Insomnia Treatment
  • Stress Treatment
  • Women’s Health
  • LGBTQ+ Affirming Therapy
  • ADHD
  • Anxiety
  • Bipolar Disorder
  • Depression
  • Grief Therapy
  • Trauma
  • Eating & Body Concerns
  • Relationship Concerns
  • Insomnia Treatment
  • Stress Treatment
  • Women’s Health
  • LGBTQ+ Affirming Therapy

Browse

  • Home
  • About Us
  • Services
  • Resources
  • Articles
  • Guides
  • Reviews
  • Contact Us
  • Home
  • About Us
  • Services
  • Resources
  • Articles
  • Guides
  • Reviews
  • Contact Us

Contact Info

  • Email: info@mindbody7.com
  • Text: (929) 600-7724
  • Call: (212) 621-7770
  • Brooklyn Office:
    200 Prospect Park West Brooklyn, NY 11215
castle connoly

©2025 Mind Body Psychiatry PC | All Rights Reserved.

  • Terms of Service
  • Privacy Policy
  • Cookie settings
  • HIPAA Notice of Privacy Practices
  • Terms of Service
  • Privacy Policy
  • Cookie settings
  • HIPAA Notice of Privacy Practices

Site by: eseospace.com

ADHD Evaluation Form

ADHD Evaluation with a Licensed Clinical Psychologist






    Contact Form

    Get in touch with our team






      Schedule a Consultation Fees & Insurance

      Schedule Your Consultation

      Complete the form below and you’ll be redirected to our secure scheduling portal.

      This form is provided by our patient-intake system (HighLevel), which sets its own cookies when the form loads.

      We use cookies from Google Analytics and HighLevel (our chat and contact-form provider) to measure visits and run the chat. Nothing loads unless you click Accept. Cookie policy