Legal Definitions - fourth-sentence remand

Definition: Fourth-sentence remand is a legal term that refers to a court's decision in a claim for social-security benefits. It affirms, reverses, or modifies the decision of the Commissioner of Social Security and sends the case back for further action.

Example: If a person applies for social-security benefits and their claim is denied by the Commissioner of Social Security, they can appeal the decision in court. If the court finds that the Commissioner's decision was incorrect, they can issue a fourth-sentence remand, which means that the case is sent back to the Commissioner for further action.

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.”

Explanation: The example illustrates how a fourth-sentence remand works in a claim for social-security benefits. If the court finds that the Commissioner's decision was incorrect, they can send the case back for further action. This means that the Commissioner will have to review the case again and make a new decision based on the court's ruling.