Independent Health NY anyone?

[Infernored 5]

My carrier, Independent Health does cover Vertical Sleeve, and my BMI is certainly high enough (50+). They do require a pre-surgery weight loss of 5% starting weight. Last time I was at the surgeons office he gave me a hard time because I barely lost anything. I am journaling, exercising, and have been eating right. I keep getting depressed because I'm so afraid that when I go back on february 17 that he'll put me on the backburner and make me wait forever. Self-pay for this surgery, including the hospital stay and necessary consults is $29,000.

If I can't lose this 5% by then (it's been 3 months of dieting like this), can I ask him to make a petition to my insurance company to see if they will cover it anyway? I've been jumping through hoops for this surgery since May 2010.