The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, April 22, 1998
Decision: Monday, June 15, 1998
Issues: Judicial Power, Review of Non-Final Order

Advocates

Lisa Schiavo Blatt (On behalf of the respondent in support of the petitioner)
Allen R. Snyder (As amicus curiae by invitation of the Court in support of the judgment below)
Ralph Wilborn (Argued the cause for the petitioner)

Facts of the Case

Sandra K. Forney applied for Social Security disability benefits. A Social Security Judge determined Forney was minimally disabled, but that she was not disabled enough to qualify for benefits. Consequently she was denied her disability claim. The Social Security Administration's Appeals Council denied Forney's request for review. Forney then sought judicial review in federal District Court. The District Court found that the final determination was inadequately supported by the evidence and remanded the case to the agency for further proceedings. Forney appealed the remand order to the Court of Appeals. She contended that the agency's denial of benefits should be reversed outright. The Court of Appeals did not hear her claim, however, for it decided that Forney did not have the legal right to appeal.

Question

Can a Social Security disability claimant seeking court reversal of an agency decision denying benefits appeal a district court order remanding the case to the agency for further proceeding?

Conclusion

Yes. In a unanimous decision announced by Justice Stephen G. Breyer, the Court held that a person seeking Social Security disability benefits may appeal to a federal Court of Appeals when a District Court remands the case to the agency for further proceedings.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Forney, 0 vote(s) against
Legal Provision: 28 U.S.C. 1291
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Voted with the majority
Ginsburg
Wrote the majority opinion
Breyer
Full Opinion by Justice Stephen G. Breyer

Cite this page

The Oyez Project, Forney v. Apfel, Commissioner of Social Security, 524 U.S. 266 (1998),
available at: <http://www.oyez.org/cases/1990-1999/1997/1997_97_5737/>
(last visited ).