sixth-sentence remand

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 ¡ì 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 ¡ì¡ì 82¨C83.]


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