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Simple English definitions for legal terms
sixth-sentence remand
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A quick definition of sixth-sentence remand:
A remand is when a court sends a case or claim back to where it came from for more work. There are different types of remands, like a fourth-sentence remand for social-security benefits, where the court decides if the decision made by the Commissioner of Social Security should be affirmed, modified, or reversed. Another type is a sixth-sentence remand, where new evidence is available that might change the outcome of the case. The court can send the case back to the Commissioner of Social Security for further action. Remand can also mean sending an accused person back to custody after a preliminary examination.A more thorough explanation:
A sixth-sentence remand is a legal term used in a claim for social-security benefits. It refers to a court's decision to send the case back to the Commissioner of Social Security for further action because new evidence has become available that might change the outcome of the proceeding.
The term "sixth-sentence" comes from the sixth sentence of 42 USCA § 405(g), which allows the court to remand the case to the Commissioner of Social Security for further action if there is new evidence that is material and good cause for not incorporating it into the record in a prior proceeding.
For example, if a person filed a claim for social-security benefits and new medical evidence became available that was not considered in the initial decision, the court may order a sixth-sentence remand to allow the Commissioner of Social Security to review the new evidence and make a new decision.
Overall, a sixth-sentence remand is a legal process that allows for further review of a claim for social-security benefits when new evidence becomes available that was not considered in the initial decision.