• 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.]
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.
