A remand occurs when a court returns a case or claim to its original source for additional work. There are various types of remands, such as a fourth-sentence remand for social-security benefits, in which the court determines whether the decision made by the Commissioner of Social Security should be upheld, modified, or reversed. Another type is a sixth-sentence remand, where new evidence is available that could potentially alter the case’s outcome. In such instances, the court may send the case back to the Commissioner of Social Security for further action. Additionally, remand can also refer to returning an accused individual to custody following a preliminary examination.
A sixth-sentence remand is a legal term used in social-security benefit claims, where a court sends the case back to the Commissioner of Social Security for further action due to the availability of new evidence that could potentially change the outcome. This term is derived from the sixth sentence of 42 USCA ยง 405(g), which grants the court the authority to remand the case if there is material new evidence that was not included in a previous proceeding. For instance, if someone files a claim for social-security benefits and new medical evidence emerges that was not taken into account during 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 fresh decision. In summary, a sixth-sentence remand is a legal process that permits a thorough review of a social-security benefit claim when new evidence arises that was not considered in the initial decision.
Sixth-Sentence Remand refers to a legal procedure where a case is sent back to a lower court for further proceedings after the appellate court finds an error in the sixth sentence of the original judgment.
Sixth-Sentence Remand can be applied when the appellate court identifies a significant error or omission in the sixth sentence of the original judgment that may have affected the outcome of the case.
During Sixth-Sentence Remand, the lower court reviews the case again, focusing specifically on the sixth sentence, and may conduct additional hearings or gather more evidence if necessary.
Yes, Sixth-Sentence Remand can potentially change the outcome of a case if the error in the sixth sentence is found to be substantial and has influenced the original judgment.
Either party involved in the case, the appellant or the appellee, can request Sixth-Sentence Remand if they believe there is a significant error in the sixth sentence of the original judgment.
No, Sixth-Sentence Remand is not a commonly used legal procedure. It is a specific remedy that is only applicable in cases where an error in the sixth sentence is identified.
The duration of Sixth-Sentence Remand can vary depending on the complexity of the case and the actions required by the lower court. It can take several months to a year or more to complete.
No, the lower court’s review during Sixth-Sentence Remand is limited to the sixth sentence only. They cannot make changes to other parts of the judgment unless it is directly related to the error in the sixth sentence.
Yes, the decision made by the lower court during Sixth-Sentence Remand can be appealed by either party if they believe there was an error in the application of the law or procedure.
Yes, if the error in the sixth sentence is deemed minor or inconsequential, the appellate court may choose to correct it themselves without remanding the case to the lower court. This is known as a “self-correction” by the appellate court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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