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Simple English definitions for legal terms
fourth-sentence remand
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A quick definition of fourth-sentence remand:
Remand means sending something back for further action. In a claim for social-security benefits, a court's decision can affirm, reverse, or modify the decision of the Commissioner of Social Security. If the court decides to send the case back to the Commissioner for further action, it is called a remand. There are two types of remands: fourth-sentence remand and sixth-sentence remand. A fourth-sentence remand is based on the fourth sentence of 42 USCA § 405(g), and a sixth-sentence remand is based on the sixth sentence of the same section. The court can order a remand if there is new evidence that was not available before or if there is good cause for the failure to incorporate such evidence into the record in a prior proceeding.A more thorough explanation:
Definition: Fourth-sentence remand is a legal term that refers to a court's decision in a claim for social-security benefits. It affirms, reverses, or modifies the decision of the Commissioner of Social Security and sends the case back for further action.
Example: If a person applies for social-security benefits and their claim is denied by the Commissioner of Social Security, they can appeal the decision in court. If the court finds that the Commissioner's decision was incorrect, they can issue a fourth-sentence remand, which means that the case is sent back to the Commissioner for further action.
This type of remand is called a fourth-sentence remand because it is based on the fourth sentence of 42 USCA § 405(g): “The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”
Explanation: The example illustrates how a fourth-sentence remand works in a claim for social-security benefits. If the court finds that the Commissioner's decision was incorrect, they can send the case back for further action. This means that the Commissioner will have to review the case again and make a new decision based on the court's ruling.