---
kind: "section"
citation: "20 C.F.R. § 408.1040"
title: "20"
number: "408.1040"
heading: "When can you request a hearing before an administrative law judge (ALJ)?"
url: "https://uscodex.org/cfr/20/408.1040"
---

# §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).”

## Notes

### Authority

Authority: Secs. 702(a)(5) and 809 of the Social Security Act (42 U.S.C. 902(a)(5) and 1009).

### Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

### Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.