8.4 Remand Procedures Flashcards
“What does it mean to remand a case to the SSA?”
Answer: “Remanding a case means sending it back to the SSA for further review or action.”
Explanation: “The court may remand if the record is incomplete, new evidence is discovered, or errors occurred in the decision-making process.”
Source: 42 U.S.C. §405(g).
What are the types of remands available in SSA cases?
Answer:
“1. Sentence Four Remand: Based on errors in law or lack of substantial evidence.”
“2. Sentence Six Remand: Based on new, material evidence that was not available during the initial decision.”
Explanation: “The type of remand determines whether the court retains jurisdiction over the case.”
Source: 42 U.S.C. §405(g).
What is required for a Sentence Six Remand?
Answer: “The claimant must show that new evidence is material and there was good cause for not presenting it earlier.”
Explanation: “Sentence Six Remands are limited to situations where the new evidence could change the outcome of the case.”
Procedural Fairness:
Courts evaluate SSA’s adherence to regulations and due process.
Statement: “Federal court review of SSA decisions is limited in scope, focusing on substantial evidence, legal compliance, and procedural fairness.”
Explanation:
Judicial review is based on the administrative record.
New evidence is generally inadmissible unless remanded under Sentence Six.
Filing deadlines and proper service are critical to maintain the case.
Courts can remand cases under Sentence Four for further development or procedural corrections.
Key Resource: 42 U.S.C. §405(g) – Comprehensive statute governing federal court review of SSA cases.
Statement: “Federal court review of SSA decisions is limited in scope, focusing on substantial evidence, legal compliance, and procedural fairness.”
Explanation:
Judicial review is based on the administrative record.
New evidence is generally inadmissible unless remanded under Sentence Six.
Filing deadlines and proper service are critical to maintain the case.
Courts can remand cases under Sentence Four for further development or procedural corrections.
Key Resource: 42 U.S.C. §405(g) – Comprehensive statute governing federal court review of SSA cases.
Procedural Fairness:
Courts evaluate SSA’s adherence to regulations and due process.
