REMAND
remand (ri-mandalsoree-mand), n.1. The act or an instance of sending something (such as a
case, claim, or person) back for further action. 2. An order remanding a case, claim, or person.
fourth-sentence remand.In a claim for social-security benefits, a court’s decision affirming,
reversing, or modifying the decision of the Commissioner of Social Security. • 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.” See Melkonyan v. Sullivan, 501 U.S. 89,
111 S.Ct. 2157 (1991). [Cases: Social Security and Public Welfare 149. C.J.S. Social Security
and Public Welfare §§ 82–83.]
sixth-sentence remand.In a claim for social-security benefits, a court’s decision that the claim
should be reheard by the Commissioner of Social Security because new evidence is available,
which was not available before, that might change the outcome of the proceeding. • This type of
remand is called a sixth-sentence remand because it is based on the sixth sentence of 42 USCA §
405(g): “The court may, on motion of the Commissioner of Social Security made for good cause
shown before the Commissioner files the Commissioner’s answer, remand the case to the
Commissioner of Social Security for further action by the Commissioner of Social Security, and it
may at any time order additional evidence to be taken before the Commissioner of Social Security,
but only upon a showing that there is new evidence which is material and that there is good cause
for the failure to incorporate such evidence into the record in a prior proceeding ….” See
Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157 (1991). [Cases: Social Security and Public
Welfare 149. C.J.S. Social Security and Public Welfare §§ 82–83.]
remand (ri-mand), vb.1. To send (a case or claim) back to the court or tribunal from which it
came for some further action <the appellate court reversed the trial court’s opinion and remanded
the case for new trial>. Cf. REMOVAL(2). [Cases: Administrative Law and Procedure 817;
Appeal and Error 1186–1216; Federal Courts 937, 943; Removal of Cases 107(8). C.J.S.
Appeal and Error §§ 968–1010; Public Administrative Law and Procedure §§ 254–255; Removal
of Causes§ 192.] 2. To recommit (an accused person) to custody after a preliminary examination <
the magistrate, after denying bail, remanded the defendant to custody [Blacks Law 8th]