Forney v. Apfel, 524 U.S. 266, 2 (1998)

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Cite as: 524 U. S. 266 (1998)

Opinion of the Court

ney could not appeal because she was the prevailing party. A party is "aggrieved" and ordinarily can appeal a decision granting in part and denying in part the remedy requested, United States v. Jose, 519 U. S. 54, 56; Forney, who sought reversal of the administrative decision denying benefits and, in the alternative, a remand, received some, but not all, of the relief requested. The Solicitor General disputes the Ninth Circuit's assertion that a rule permitting appeals in these circumstances would impose additional, and unnecessary, burdens upon federal appeals courts. If the Solicitor General proves wrong in his prediction, the remedy must be legislative, for the statutes at issue do not give the courts the power to redefine or subdivide the classes of cases where appeals will (or will not) lie. Pp. 269-273.

108 F. 3d 228, reversed and remanded.

Breyer, J., delivered the opinion for a unanimous Court.

Ralph Wilborn argued the cause for petitioner. With him on the briefs were Tim Wilborn and Eric Schnaufer.

Lisa Schiavo Blatt argued the cause for respondent in support of petitioner. With her on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, and William Kanter.

Allen R. Snyder, by invitation of the Court, 522 U. S. 1088 (1998), argued the cause as amicus curiae in support of the judgment below.

Justice Breyer delivered the opinion of the Court. The question in this case is whether a Social Security disability claimant seeking court reversal of an agency decision denying benefits may appeal a district court order remanding the case to the agency for further proceedings. We conclude that the law authorizes such an appeal.

I

Sandra K. Forney, the petitioner, applied for Social Security disability benefits under § 223 of the Social Security Act, as added, 70 Stat. 815, and as amended, 42 U. S. C. § 423. A Social Security Administration Administrative Law Judge (ALJ) determined (1) that Forney had not worked since the

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