20 C.F.R. § 416.1439
Objections to the issues
If you object to the issues to be decided at the hearing, you must notify the administrative law judge in writing at the earliest possible opportunity, but no later than 5 business days before the date set for the hearing, unless you show that your circumstances meet the conditions described in § 416.1435(b). You must state the reason(s) for your objection(s). The administrative law judge will make a decision on your objection(s) either at the hearing or in writing before the hearing.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1982–2025 · leading case: Benko v. Schweiker
Benko v. Schweiker (1982)
“If plaintiff was dissatisfied with the statement of the issues contained in the Notice of Hearing, she should have objected pursuant to 20 C.F.R. § 416.1439 . Since she has not, she is precluded from objecting at this stage of the review.”
Ibarra v. Martin O'Malley (2023)
“437; however, Defendant created a 14 ruse to have ALJ Lunderman in her decision find that she had no jurisdiction by citing the wrong HALLEX manual section and regulation at 20 C.F.R. § 416.1439 15 which do not under the facts of this case lead to the conclusion that an ALJ has…”
Widener v. Commissioner of Social Security (2020)
“See 20 C.F.R. § 416.1439 (2019). The Social Security regulations do not, however, require a claimant to raise a specific issue on appeal of an ALJ’s decision to the Appeals Council to preserve that issue for appeal to the district court, and the Supreme Court has refused to…”
Frost v. Commissioner of Social Security (2025)
“Although the regulations generally require a claimant to object to the 22 issues to be decided at a hearing beforehand, see 20 C.F.R. § 416.1439 , the 23 regulations do not prohibit a claimant from objecting to the issues to be decided at a 24 1 subsequent hearing when the same…”
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