Forney
Forney v. Chater
Opinion
Lead Opinion
Canby, J.
Sandra K. Forney appeals the district court’s order that remanded to the Administrative Law Judge (“ALJ”) Forney’s application for disability benefits under the Social Security Act. A threshold issue is whether Forney, who has prevailed in district court to the extent of winning a remand pursuant to sentence four of 42 U.S.C. § 405 (g), may now appeal the district court’s ruling to this court. We conclude that she may not, and accordingly dismiss the appeal.
I. Facts
Forney applied for disability benefits in 1991. Her application was denied and she requested a hearing. An administrative law judge (ALJ) held a hearing and denied benefits. The ALJ’s decision was reviewed by the Appeals Council, which remanded the matter to the ALJ for a further healing. The ALJ again denied the claim, and this time the Appeals Council denied review.
Forney then sought review in district court, pursuant to 42 U.S.C. § 405 (g). The district court ruled on four of Forney’s contentions. First, it held that the ALJ did not err in rejecting the testimony of Forney’s treating physician, because it conflicted with Forney’s own testimony. Second, the district court upheld the ALJ’s discrediting…