Skip to main content

Health insurer refuses

Health insurer refuses a benefit — check objection and deemed approval

Therapy, medical aid or rehabilitation refused? Often the insurer has missed its own response deadline — in which case the benefit is already deemed approved.

No credit card · 10 credits free · Cancel anytime

Quick check: what should you do?

3 short questions — no sign-up required.

Has the insurer left your application without a timely response or reasons?
Is the treatment time-critical (e.g. threatened deterioration)?

Deadline at a glance

1 month from notification

§ 84 SGG

The objection to the refusal decision must be lodged within one month of notification — irrespective of this, it is worth checking whether the insurer has already missed its own response deadline (deemed approval).

It is an AI, not a person: nobody looks at your individual case, and we do not know who signs up or for what reason. That is why we give pointers, but no legal advice on the individual case. Guidelines and playbooks in the platform are only guardrails: the AI relies on the available sources and your information. AI can make mistakes — check important results, and if in doubt, ask a lawyer.

Typical risks in this scenario

What we pay special attention to

Curated from real cases. The AI review flags exactly these points in your document.

  • The deemed approval under § 13 Abs. 3a SGB V is frequently overlooked.

  • Without an up-to-date medical statement, the decisive medical justification is often missing.

  • In urgent cases, valuable time passes without an application for interim relief.

What you can do here in 5 minutes

If the statutory health insurer (Krankenkasse) refuses a benefit applied for (with or without a report from the Medical Service, MD, formerly MDK), it is worth looking at the deadline first: if the insurer does not decide within 3 weeks (5 weeks with an MD report) and gives no sufficient reason, the benefit is deemed approved under § 13 Abs. 3a SGB V (Genehmigungsfiktion).

Upload the decision + the application date — our AI tools check the deemed approval and the medical reasoning and prepare the objection (Widerspruch).

How it works

Results in three steps

1

Check deadlines

Compare the date the application was received, the insurer's response and a possible deemed approval (§ 13 Abs. 3a SGB V).

2

Request the MD report

Request access to the file/the report, if one exists.

3

File the objection

A deadline-preserving objection with a medical statement on medical necessity.

What you get
  • Check deadlines – Compare the date the application was received, the insurer's response and a possible deemed approval (§ 13 Abs. 3a SGB V).
  • Request the MD report – Request access to the file/the report, if one exists.
  • File the objection – A deadline-preserving objection with a medical statement on medical necessity.
What it is not
  • No medical assessment.
  • No substitute for a doctor's statement on the necessity of the benefit.
  • No representation before the social court.

Transparency

What the AI checks — and what only a lawyer can decide

An AI is only as good as the question. We show openly where your answer is reliable and where you should speak with a lawyer.

In urgent cases (interim relief, § 86b SGG) or where treatment costs are high.

Lex & Lexi

You ask. Lex or Lexi shows what Smart Legal Pro can do.

Product guidance right on the page — features, pricing and the best way to start.

Start free
No credit card
Get started