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Appeal guide · Physical therapy

Physical therapy denials

Physical, occupational, and speech therapy are denied after a visit cap, when the plan decides progress has stopped, or when it labels care 'maintenance'. Denials are small per visit and large in total, and the maintenance argument is often wrong.

The rule that controls this: For Medicare, therapy is covered when it requires the skills of a therapist, including maintenance therapy where skilled care is needed to maintain function or prevent deterioration (Jimmo v. Sebelius settlement; Medicare Benefit Policy Manual, Chapter 15). Medicare has no hard visit cap; claims above a threshold require the KX modifier attesting medical necessity. ACA-compliant individual and small-group plans must cover rehabilitative and habilitative services as an essential health benefit (45 CFR 156.115), and mental-health parity rules limit non-quantitative treatment limits. Plan visit limits and criteria must be disclosed on request.

Last reviewed 13 September 2026 · General information, not legal or medical advice · Apellica is not a law firm

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What gets denied

  • Visits beyond a plan's annual limit
  • Continued therapy after the plan decides the patient has plateaued
  • Habilitative therapy for children with developmental conditions
  • Therapy after surgery when the plan's protocol allows fewer visits
  • Speech therapy for stroke, brain injury, or developmental delay

Common denial reasons

  • Plan says the patient has reached 'maximum medical improvement'
  • Care labeled 'maintenance' or 'could be done as a home program'
  • Progress notes lack measurable functional goals
  • Visit limit reached under the plan's benefit design
  • Referral or plan of care not signed or renewed

How we approach the appeal

The decisive question is whether the denial says you stopped improving or says you ran out of visits, because they are different arguments. If the letter uses the language of plateau, maintenance, maximum medical improvement, or says the work could be done as a home programme, that is the improvement standard, and for Medicare it is not a lawful basis on its own. The Jimmo v. Sebelius settlement confirmed that skilled therapy is covered where the skill of a therapist is needed to maintain function or to slow deterioration, even when no further improvement is expected. Making that argument concrete is what wins: the notes have to show why a licensed therapist is required rather than a carer or a handout, which usually means documenting the clinical judgement being exercised, the safety risk being managed, the adjustments made session to session, and what specifically would deteriorate without skilled input. Measurable functional goals expressed in daily activity, such as transfers, stair negotiation, gait distance or fall incidents, carry far more weight than range-of-motion numbers alone. If instead the plan has applied a hard visit cap, the argument is different: check whether the cap is a true plan exclusion or a soft limit that medical necessity can exceed, and for Medicare note that the therapy threshold is not a cap at all but a point at which additional documentation is required, which the provider can supply. For children denied habilitative therapy, the mental health and substance use parity rules and many state habilitative-services mandates are additional routes, because habilitative care is a required benefit category in most plans rather than an optional one.

Filing window

Internal appeal: at least 180 days to file for commercial and employer plans; pre-service decisions within 30 days, post-service within 60 (29 CFR 2560.503-1). Medicare Advantage: 65 days to request reconsideration. Ongoing therapy after surgery or stroke may qualify as urgent (72-hour decision).

Typical recovery

Individual visits are modest, but a denied course of therapy over months adds up to a meaningful sum; the amount at stake is the plan's allowed amount times the denied visits.

Documents we'll ask for
  • · The denial letter and the plan's visit-limit or criteria language
  • · Physician referral and signed plan of care
  • · Therapy evaluation and progress notes with functional measures
  • · Surgical or hospital records where therapy follows an event
  • · Any prior authorization approvals and their dates

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This page provides general information about appeal strategy. It is not legal advice. Outcomes depend on documentation, plan terms, and timing.