Also known as: sixth sentence remand · remand · sentencing remand
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism in social security benefits litigation by which a court orders rehearing before the Commissioner because newly available evidence could alter the outcome.
Selena Singh sought disability benefits but was denied by the Commissioner. After the district court received new hospital records unavailable at the hearing, it ordered a sixth-sentence remand so the Commissioner could consider whether the evidence changed the disability determination.
Simone Sanders lost her benefits claim. Months later her attorney learned the presiding judge had served as a university trustee while the university negotiated with the agency. The court vacated the judgment and directed a sixth-sentence remand to allow fresh consideration of new evidence.
Seth Shapiro appealed denial of benefits after an expert opinion was admitted without adequate foundation. The court found the testimony unreliable and issued a sixth-sentence remand so the Commissioner could rehear the claim with properly supported evidence.
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Scott Summers challenged a benefits denial based on an agency rule later found procedurally invalid. The court ordered a sixth-sentence remand directing the Commissioner to apply corrected standards to Summers's claim using newly submitted evidence.
Stella Shapiro was denied benefits after asserting a right tied to end-of-life decisions. Fresh medical records emerged showing changed circumstances. The court granted a sixth-sentence remand for rehearing before the Commissioner.
Skylar Sullivan lost a benefits claim involving insurer conduct. New evidence of bad faith surfaced after trial. The court ordered a sixth-sentence remand so the Commissioner could reassess the claim with the additional proof.
A sixth-sentence remand is triggered when the court finds that new evidence, unavailable earlier, might change the outcome of the benefits determination. The court orders rehearing before the Commissioner on the Commissioner's motion for good cause.
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A sixth-sentence remand specifically addresses newly available evidence that could affect the result. Other remands under the statute may affirm, modify, or reverse without requiring rehearing, whereas this type mandates rehearing by the Commissioner.
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The statute authorizes the court to act on the Commissioner's motion showing good cause. A claimant may bring new evidence to the court's attention, but the formal motion for remand rests with the Commissioner.
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…the court's views on a report filed by the defendants concerning the progress made in the equalization program. 342 U.S. 350. On remand, the District Court found that substantial equality had been achieved except for buildings and that the defendants were proceeding to rectify this inequality as well. 103 F. Supp. 920. The…