---
kind: "range"
citation: "20 C.F.R. §§ 408.1040–408.1060"
title: "20"
from: "408.1040"
to: "408.1060"
count: 4
url: "https://uscodex.org/cfr/20/408.1040..408.1060"
---

# §408.1040. When can you request a hearing before an administrative law judge (ALJ)?

- (a) **General rules.** For purposes of this part, we use the same rules on hearings before an administrative law judge (ALJ) that we use in the title XVI program (see [§§ 416.1429-1416.1440](/cfr/20/416.1429-1416.1440.md) of this chapter), except as noted in [paragraph (b)](#b) of this section.
- (b) **Exceptions.** In [§ 416.1433](/cfr/20/416.1433.md), the words “one of our offices” in [paragraph (b)](#b) are deemed to read “any of the offices listed in [§ 408.1009(b)](/cfr/20/408.1009.md?p=b)” and the reference in the last sentence of [§ 416.1433(c)](/cfr/20/416.1433.md?p=c) to “[§ 416.1411](/cfr/20/416.1411.md)” is deemed to read “[§ 408.1011](/cfr/20/408.1011.md).”

# §408.1045. What procedures apply if you request an ALJ hearing?

- (a) **General rules.** For purposes of this part, we use the same rules on ALJ hearing procedures that we use in the title XVI program (see [§§ 416.1444-416.1461](/cfr/20/416.1444-416.1461.md) of this chapter), except as noted in [paragraph (b)](#b) of this section.
- (b) **Exceptions.**
  - (1) In [§ 416.1446(b)(1)](/cfr/20/416.1446.md?p=b-1), the last sentence does not apply under this part.
  - (2) In [§ 416.1452(a)(1)(i)](/cfr/20/416.1452.md?p=a-1-i), the words “supplemental security income” are deemed to read “SVB.”
  - (3) In [§ 416.1457](/cfr/20/416.1457.md), the provisions of paragraph (c)(4) do not apply under this part.

# §408.1050. When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request?

- (a) **General rules.** For purposes of this part, we use the same rules on Appeals Council review that we use in the title XVI program (see [§§ 416.1467-416.1482](/cfr/20/416.1467-416.1482.md) of this chapter), except as noted in [paragraph (b)](#b) of this section.
- (b) **Exceptions.**
  - (1) In [§ 416.1468(b)](/cfr/20/416.1468.md?p=b), the words “one of our offices” in the third sentence are deemed to read “any of the offices listed in [§ 408.1009(b)](/cfr/20/408.1009.md?p=b).”
  - (2) In [§ 416.1469(d)](/cfr/20/416.1469.md?p=d), the last sentence does not apply under this part.
  - (3) In [§ 416.1471](/cfr/20/416.1471.md), [paragraph (b)](#b) does not apply under this part.
  - (4) In [§ 416.1482](/cfr/20/416.1482.md), the reference to “[§ 416.1411](/cfr/20/416.1411.md)” in the last sentence is deemed to read “[§ 408.1011](/cfr/20/408.1011.md).”

# §408.1060. What happens if a Federal Court remands your case to the Commissioner?


For purposes of this part, we use the same rules on court remand cases that we use in the title XVI program (see [§§ 416.1483-416.1485](/cfr/20/416.1483-416.1485.md) of this chapter).