20 CFR § 408.1040 - When can you request a hearing before an administrative law judge (ALJ)?
---
identifier: "/us/cfr/t20/s408.1040"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 408.1040 - When can you request a hearing before an administrative law judge (ALJ)?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "408.1040"
section_name: "When can you request a hearing before an administrative law judge (ALJ)?"
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "408"
part_name: "SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
regulatory_source: "68 FR 16418, Apr. 4, 2003, unless otherwise noted."
cfr_part: "408"
---
# 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 of this chapter), except as noted in paragraph (b) of this section.
(b) *Exceptions.* In § 416.1433, the words “one of our offices” in paragraph (b) are deemed to read “any of the offices listed in § 408.1009(b)” and the reference in the last sentence of § 416.1433(c) to “§ 416.1411” is deemed to read “§ 408.1011.”