Appellant sought disability insurance benefits under the Social Security Act ( 42 U.S.C. §§ 401 , et seq.). A hearing was held before an administrative law judge who denied the claim. His decision was approved by the Appeals Council and became the final decision of the Secretary. Cross-motions for summary judgment were filed, and the appellant filed a motion to remand. The district court denied the motion to remand and entered summary judgment for the Secretary.

Section 205(g) of the Act ( 42 U.S.C. § 405 (g)) provides in part:

There was substantial evidence to support the decision of the administrative law judge on the merits.

In support of the motion for remand, appellant urged that she had appeared without counsel; that Dr. Deen, a psychiatrist, whose report formed in part the basis for the administrative law judge’s findings, was not called for cross-examination; and that, subsequent to the denial of the claim, a further examination had been performed by another psychiatrist.

While the substantial evidence standard is used when the court passes upon the merits in a ruling on motion for summary judgment, a court may remand for good cause even though the record as made would support a summary judgment denying relief. Kemp v. Weinberger, 522 F.2d 967 (9th Cir. 1975); Estep v. Richardson, 465 F.2d 969 (6th Cir. 1972); Parker v. Califano, 441 F.Supp. 1174 (N.D.Cal.1977).

It is not clear from the record just what standard the district court used. During the hearing on the motion to remand, the following colloquy occurred:

The attorney for appellant then argued the motion to remand, and toward the end of the hearing the district court said:

The appellant did have a right to have the trial court exercise its discretion on the basis of the equitable considerations involved as to whether or not a remand should be granted. It may be that the court applied the proper standard, but on the record we cannot be certain.

For these reasons, the order denying the motion to remand is revised, and the case is remanded to the district court. On remand, the district court shall determine whether good cause for a remand was shown. This finding may be based on the record heretofore made, or after such further proceedings as to the district court in its discretion may order.

The petition for attorney’s fees is denied. It is premature.