Forney

Forney v. Chater

Good Law
108 F.3d 228·97 Daily Journal DAR 3067·1997 WL 87870·1997 U.S. App. LEXIS 3752·97 Cal. Daily Op. Serv. 1589
United States Court of Appeals for the Ninth CircuitMarch 4, 1997No. 95-35560California3,179 words

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…

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