Forney v. Apfel, 524 U.S. 266, 6 (1998)

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

Opinion of the Court

The Court of Appeals nonetheless reached a "no appeal" conclusion—but on a different ground. It pointed out that a "party normally may not appeal [a] decision in its favor." Ibid. (citing Electrical Fittings Corp. v. Thomas & Betts Co., 307 U. S. 241, 242 (1939)). And it said that Forney had obtained a decision in her favor here. Because Forney "may, on remand, secure all of the relief she seeks," the court wrote, she is a "prevailing" party and therefore cannot appeal. 108 F. 3d, at 232-233.

We do not agree. We concede that this Court has held that a "party who receives all that he has sought generally is not aggrieved by the judgment affording the relief and cannot appeal from it." Deposit Guaranty Nat. Bank v. Roper, 445 U. S. 326, 333 (1980). But this Court also has clearly stated that 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 (1996) (per curiam). And this latter statement determines the outcome of this case.

Forney's complaint sought as relief:

"1. That this court reverse and set aside the decision . . . denying [the] claim for disability benefits;

"2. In the alternative, that this court remand the case back to the Secretary for proper evaluation of the evidence or a hearing de novo." App. 37.

The context makes clear that, from Forney's perspective, the second "alternative," which means further delay and risk, is only half a loaf. Thus, the District Court's order gives petitioner some, but not all, of the relief she requested; and she consequently can appeal the District Court's order insofar as it denies her the relief she has sought. Indeed, to hold to the contrary would deny a disability claimant the right to seek reversal (instead of remand) through a cross-appeal in cases where the Government itself appeals a re-

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