Forney v. Apfel, 524 U.S. 266, 3 (1998)

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268

FORNEY v. APFEL

Opinion of the Court

onset of her medical problem, and (2) that she was more than minimally disabled, but (3) that she was not disabled enough to qualify for benefits automatically. Moreover, her disability, (4) while sufficiently serious to prevent her return to her former work (cook, kitchen manager, or baker), (5) was not serious enough to prevent her from holding other jobs available in the economy (such as order clerk or telephone answering service operator). App. 12-28. The ALJ consequently denied her disability claim, id., at 28, and the Administration's Appeals Council denied Forney's request for review, App. to Pet. for Cert. 39-40; see generally Bowen v. Yuckert, 482 U. S. 137, 140-142 (1987) (setting forth five-part "disability" test); 20 CFR § 404.1520 (1997) (same).

Forney then sought judicial review in Federal District Court. The court found the agency's final determination— that Forney could hold other jobs—inadequately supported because those jobs "require frequent or constant reaching," but the record showed that Forney's "ability to reach is impaired." Forney v. Secretary, Civ. No. 94-6357 (D. Ore., May 1, 1995); App. 127-128. The District Court then entered a judgment, which remanded the case to the agency for further proceedings (pursuant to sentence four of 42 U. S. C. § 405(g)). Id., at 128.

Forney sought to appeal the remand order. She contended that, because the agency had already had sufficient opportunity to prove the existence of other relevant employment (and for other reasons), its denial of benefits should be reversed outright. The Court of Appeals for the Ninth Circuit did not hear her claim, however, for it decided that Forney did not have the legal right to appeal. Forney v. Chater, 108 F. 3d 228, 234 (1997).

Forney sought certiorari. Both she and the Solicitor General agreed that Forney had the legal right to appeal from the District Court's judgment. The Solicitor General suggested that we reverse the Ninth Circuit and remand the case so that it could hear Forney's appeal. We granted cer-

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