Forney v. Apfel, 524 U.S. 266 (1998). · Go Syfert
Forney v. Apfel, 524 U.S. 266 (1998). Cases Citing This Book View Copy Cite
“he 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”
318 citation events (227 in the last 25 years) across 30 distinct courts.
Negative lean: 11th  ·  Positive lean: 5th, 10th, 8th, 9th, 3rd, 2nd, 7th, 1st
Strongest positive: Nyesha Swope v. Episcopal Foundation of Jefferson County (ca11, 2026-05-08) · Strongest negative: Keating v. City of Miami (ca11, 2010-03-02)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Keating v. City of Miami (3×)
11th Cir. · 2010 · signal: but see · confidence high
But see Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (entertaining an appeal on a collateral issue by a party who won below but did not receive the remedy requested); Deposit Guaranty *761 Nat’l Bank v. Roper, 445 U.S. 326, 336 , 100 S.Ct. 1166 , 63 L.Ed.2d 427 (1980) (entertaining an appeal on a collateral issue by a party who won below and asserted a “continuing stake in the outcome of the appeal”).
discussed Cited as authority (verbatim quote) Nyesha Swope v. Episcopal Foundation of Jefferson County
11th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
party is 'aggrieved' and ordinarily can ap- peal a decision 'granting in part and denying in part the remedy requested.
examined Cited as authority (verbatim quote) Leiva v. Kijakazi
D. Neb. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he 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
discussed Cited as authority (verbatim quote) Patman v. Social Security, Commissioner of
E.D. Mich. · 2020 · quote attribution · 1 verbatim quote · confidence high
party who receives all that has sought generally is not aggrieved . . . and cannot appeal from it
discussed Cited as authority (rule) Crescent City Surg v. Interstate Fire (2×) also: Cited "see"
5th Cir. · 2026 · confidence medium
The Supreme Court “has clearly stated that a party is ‘aggrieved’ and ordinarily can appeal a decision ‘granting in part and denying in part the remedy requested.’” Forney v. Apfel, 524 U.S. 266, 271 (1998) (quoting United States v. Jose, 519 U.S. 54, 56 (1996)).
discussed Cited as authority (rule) Sambrano v. United Airlines
5th Cir. · 2026 · confidence medium
For purposes of this appeal, the court will separately analyze whether certification is proper for the Title VII claimants and the ADA claimants, the latter of whom we will refer to as the “ADA subclass.” 5 Case: 24-10708 Document: 132-1 Page: 6 Date Filed: 03/09/2026 No. 24-10708 ordinarily can appeal a decision granting in part and denying in part the rem- edy requested.” Forney v. Apfel, 524 U.S. 266, 271 (1998).
discussed Cited as authority (rule) Dwayne Jay Norton v. Shirley Ann Marzan
11th Cir. · 2025 · confidence medium
See 28 U.S.C. § 1291 (providing that the courts of appeals have jurisdiction over “appeals from all final de- cisions of the district courts” (emphasis added)); Forney v. Apfel, 524 U.S. 266, 269 (1998) (applying § 1291 in a Social Security case); Fed.
cited Cited as authority (rule) Fallon v. Dudek
9th Cir. · 2025 · signal: cf. · confidence medium
Cf. Forney v. Apfel, 524 U.S. 266, 267 (1998) (allowing social- security applicants to appeal a district court’s remand order).
discussed Cited as authority (rule) United States v. Weinlein
2d Cir. · 2024 · confidence medium
When a party has received “some, but not all, of the relief she requested,” she “can appeal the District Court’s order insofar as it denies her the relief she has sought.” Forney v. Apfel, 524 U.S. 266, 271 (1998).
cited Cited as authority (rule) Larry Klayman v. Julia Porter
D.C. Cir. · 2024 · confidence medium
Forney v. Apfel, 524 U.S. 266, 271 (1998).
cited Cited as authority (rule) Walsh v. Berryhill
E.D.N.Y · 2022 · confidence medium
“A ‘sentence four’ remand is a final and appealable judgment.” Sinkler,. 932 F.3d at 86 -87 (citing Forney v. Apfel, 524 U.S. 266, 270-71 (1998)}.
discussed Cited as authority (rule) S.S. v. Cobb County School District (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
In social security cases, a district court order remanding a “disability benefit claim to the agency for further proceedings is a ‘final judgment’ for purposes of [sec- tion] 1291 and it is, therefore, appealable.” Forney v. Apfel, 524 U.S. 266, 269 (1998).
discussed Cited as authority (rule) Grey v. Commissioner of Social Security
M.D. Fla. · 2021 · confidence medium
According to the fourth sentence of § 405(g), “[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” Id. “[A] judgment of the district court that reverses the decision of the Commissioner and orders a remand to the [Social Security Administration] is final and appealable under § 1291 when entered under the fourth sentence of § 405(g).” Crawford & Co. v. Apfel, 235 F.3d 1298 , 1302 (11th Cir. 2000) (c…
cited Cited as authority (rule) D & G Holdings L L C v. Price
W.D. La. · 2020 · confidence medium
Forney v. Apfel, 524 U.S. 266, 271 (1998); United States v. Fletcher ex rel.
discussed Cited as authority (rule) Myra Corley v. Long-Lewis, Inc. (2×) also: Cited "see, e.g."
11th Cir. · 2020 · confidence medium
Because the Corleys never consented to that order, the final judgment contains an adverse decision on the merits that does not “derive[] only from the plaintiff’s own written request.” OFS Fitel, 549 F.3d at 1356 . 22 Case: 18-10474 Date Filed: 07/16/2020 Page: 23 of 33 Although our precedent on voluntary dismissals does not resolve this appeal, a broader principle of appellate standing establishes that the Corleys are adverse to the final judgment: “a party is ‘aggrieved’ and ordinarily can appeal a decision ‘granting in part and denying in part the remedy requested.’” Forne…
discussed Cited as authority (rule) American Stewards of Liberty v. Department
5th Cir. · 2020 · confidence medium
The Intervening Plaintiffs argue that vacatur and remand does not moot an appeal when a plaintiff has requested and been denied additional relief beyond the vacatur because the plaintiff has received only “half a loaf.” However, the cases the Intervening Plaintiffs rely on deal exclusively with the special statutory judicial review provision of the Social Security Act, which permits a court to “modify[] or revers[e] the decision of the [agency] with or without remanding the cause for a rehearing.” Forney v. Apfel, 524 U.S. 266, 269 (1998) (quoting 42 U.S.C. § 405 (g)); Bordelon v. Bar…
discussed Cited as authority (rule) James Juszczyk v. Michael Astrue
8th Cir. · 2008 · confidence medium
He quotes this court’s opinion in McCoy v. Schweiker, 683 F.2d 1138 (8th Cir. 1982) (abrogated on other grounds by Forney v. Apfel, 524 U.S. 266, 267 (1988)), and notes that the functional-capacity evaluation must be a realistic evaluation of his abilities to work “day in and day out . . . in the sometimes competitive and stressful conditions in which real people work in the real world” and “not the ability merely to lift weights occasionally in a doctor’s office.” Id. at 1147.
discussed Cited as authority (rule) Somoza v. New York City Dept. of Education
2d Cir. · 2008 · signal: cf. · confidence medium
Cf. Forney v. Apfel, 524 U.S. 266, 269 (1998) (in the context of a Social Security Act case, concluding that an order remanding the case to the agency is a final, appealable order). 6 The IDEA does not apply to children from age three to five or over the age of eighteen where it would be inconsistent with state law.
discussed Cited as authority (rule) Crawford & Company v. Apfel
11th Cir. · 2000 · confidence medium
However the Supreme Court has held a judgment of the district court that reverses the decision of the Commissioner and orders a remand to the SSA is final and appealable under §1291 when entered under the fourth sentence of § 405(g).13 Forney v. Apfel, 118 S.Ct. 1984, 1986-87 (1998). 12 The SSA was established in 1994 as “an independent agency in the executive branch,” 42 U.S.C. § 901 (a), “to administer the old-age, survivors, and disability insurance program[s],” 42 U.S.C. § 901 (b).
cited Cited as authority (rule) Asarco, Inc. v. Secretary of Labor
6th Cir. · 2000 · confidence medium
Forney v. Apfel, 524 U.S. 266, 271 (1998).
discussed Cited "see" Cecilia Clinkscale v. Commissioner Social Security (2×)
3rd Cir. · 2025 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269-70 (1998); Schaefer, 509 U.S. at 297, 299-300 ; Johnson v. Gonzales, 416 F.3d 205, 209 (3d Cir. 2005).
discussed Cited "see" Travis Carr v. Kilolo Kijakazi
4th Cir. · 2022 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269 (1998). 2 The Commissioner argues that Carr’s notice of appeal is limited to the district court’s second order, denying reconsideration under Rule 59(e), further narrowing the scope of our review.
examined Cited "see" Sierra-Rossy v. Commissioner of Social Security (3×)
D.P.R. · 2021 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 , 270–71, 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (holding sentence four remand appealable by either party); accord Mead v. Reliastar Life Ins.
examined Cited "see" Melendez v. Commissioner of Social Security (3×)
D.P.R. · 2021 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 , 270–71, 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (holding sentence four remand appealable by either party); accord Mead v. Reliastar Life Ins.
examined Cited "see" Sinkler v. Berryhill (3×)
2d Cir. · 2019 · signal: see · confidence high
See Forney v. Apfel , 524 U.S. 266 , 270-71, 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (holding sentence four remand appealable by either party); accord Mead v. Reliastar Life Ins.
cited Cited "see" Cheryl J. Schwandt v. Nancy A. Berryhill
8th Cir. · 2019 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269, 271-72 (1998). -3- We review the district court’s judgment de novo and will affirm if substantial evidence supports the Commissioner’s decision.
cited Cited "see" Leopoldo Leon v. Nancy Berryhill
9th Cir. · 2018 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 (1998).
examined Cited "see" Leopoldo Leon v. Nancy Berryhill (3×)
9th Cir. · 2017 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 , 271, 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).
examined Cited "see" Leon v. Berryhill (3×)
9th Cir. · 2017 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).
examined Cited "see" Joseph Aruanno v. Caldwell (3×)
3rd Cir. · 2016 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (party can appeal decision granting in part and denying in part remedy requested); see also Kolstad v. Am.
examined Cited "see" Treichler v. Commissioner of Social Security Administration (4×)
9th Cir. · 2014 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).
examined Cited "see" Watchtower Bible & Tract Society of New York, Inc. v. Municipality of San Juan (3×)
1st Cir. · 2014 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).
examined Cited "see" Pryce-Dawes v. Colvin (3×)
10th Cir. · 2014 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269-70 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (holding that remand under sentence four is final judgment that may be appealed); see also Aplt.App., Vol. 3 at 514 (directing in district court’s sentence-four remand order that appeal be to Tenth Circuit).
discussed Cited "see" Mead v. Reliastar Life Insurance Company (2×)
2d Cir. · 2014 · signal: see · confidence high
See Forney, 524 U.S. at 270 , 118 S.Ct. 1984 (noting that neither § 405(g) nor Finkelstein permits an inference that a remand order “could be ‘final’ for purposes of appeal only when the Government seeks to appeal” or that “ ‘finality’ turns on ... the availability (or lack of availability) of an avenue for appeal from the different, later, agency determination that might emerge after remand”); Shalala v. Schaefer, 509 U.S. 292 , 297 n. 2, 113 S.Ct. 2625 , 125 L.Ed.2d 239 (1993) (noting that a sentence-six remand, which is the only type of interlocutory remand under § 405(g),…
cited Cited "see" Gibbs v. Astrue
10th Cir. · 2011 · signal: see · confidence high
See id. at 269 , 118 S.Ct. 1984 .
discussed Cited "see" Allord v. Astrue (2×)
7th Cir. · 2011 · signal: see · confidence high
See id. at 271 , 118 S.Ct. 1984 . 3 .
examined Cited "see" Zied v. Astrue (3×)
3rd Cir. · 2009 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 267-69 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998). .
examined Cited "see" Zied v. Astrue (3×)
3rd Cir. · 2009 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 267-69 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998). .
cited Cited "see" Rush University Medical Center v. Michael Leavitt
7th Cir. · 2008 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 (1998); Sullivan v. Finkelstein, 496 U.S. 617 (1990).
examined Cited "see" Rush University Medical Center v. Leavitt (3×)
7th Cir. · 2008 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998); Sullivan v. Finkelstein, 496 U.S. 617 , 110 S.Ct. 2658 , 110 L.Ed.2d 563 (1990).
examined Cited "see" Brown v. Astrue (3×)
10th Cir. · 2008 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (recognizing that aggrieved party usually can appeal decision that grants in part and denies in part remedy party requested).
examined Cited "see" Galadjian v. Astrue (3×)
9th Cir. · 2007 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998); United States v. Smith, 389 F.3d 944, 948-49 (9th Cir.2004).
examined Cited "see" LEE BORNTRAGER, PLAINTIFFS—APPELLEES v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, DEFENDANT—APPELLANT (3×)
8th Cir. · 2005 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).
cited Cited "see" Lee Borntrager v. Central States, SE
8th Cir. · 2005 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269 (1998).
examined Cited "see" Adkins v. Barnhart (3×)
W.D. Va. · 2005 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 269 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (internal citations omitted) (explaining that “a district court order remanding a Social Security disability benefit claim ... [under sentence four] is a final judgment” for purposes of appeal or award of attorney’s fees).
examined Cited "see" Ward v. Santa Fe Independent School District (3×)
5th Cir. · 2004 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998) (general rule that prevailing party lacks standing to appeal is inapplicable where judgment grants only partial relief.) According to the plaintiffs, “the nominal damages construct is a fictional vehicle created by the Supreme Court to allow the merits to be reached so that constitutional issues can be decided.” 3 Thus, they implicitly argue, plaintiffs who so plead necessarily are aggrieved by a judgment in their favor if it does not articulate the court’s reasons and conclusions with respect to the constit…
examined Cited "see" Navin v. Park Ridge School District 64 (3×)
7th Cir. · 2002 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998); Sullivan v. Finkelstein, 496 U.S. 617 , 110 S.Ct. 2658 , 110 L.Ed.2d 563 (1990).
discussed Cited "see" United States v. Whitaker (2×)
3rd Cir. · 2001 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984, 1987 (1998); Fong Foo v. United States, 369 U.S. 141 , 82 S.Ct. 671 (1962).
examined Cited "see" United States v. Wayne Whittaker (3×)
3rd Cir. · 2001 · signal: see · confidence high
See Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984, 1987 , 141 L.Ed.2d 269 (1998); Fong Foo v. United States, 369 U.S. 141 , 82 S.Ct. 671 , 7 L.Ed.2d 629 (1962).
Retrieving the full opinion text from the archive…
Forney
v.
Apfel, Commissioner of Social Security
97-5737.
Supreme Court of the United States.
Jun 22, 1998.
524 U.S. 266
Ralph Wilborn argued the cause for petitioner. With him on the briefs were Tim Wilborn and Erie Schnaufer., Lisa Schiavo Blatt argued the cause for respondent in support of petitioner. With her on the briefs were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, and William Kanter., Allen R. Snyder, by invitation of the Court, 522 U. S. 1088 (1998), argued the cause as amicus curiae in support of the judgment below.
Breyer, Bkeyer.
Cited by 114 opinions  |  Published
Justice Breyer

delivered the opinion of the Court.

The question in this case is whether a Social Security disability claimant seeking court reversal of an agency decision denying benefits may appeal a district court order remanding the case to the agency for further proceedings. We conclude that the law authorizes such an appeal.

I

Sandra K. Forney, the petitioner, applied for Social Security disability benefits under § 228 of the Social Security Act, as added, 70 Stat. 815, and as amended, 42 U. S. C. §423. A Social Security Administration Administrative Law Judge (ALJ) determined (1) that Forney had not worked since the[*268] 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 ease 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-[*269] tiorari to consider the merits of this position, and we appointed an amicus to defend the Ninth Circuit’s decision. We now agree with Forney and the Solicitor General that the Court of Appeals should have heard Forney’s appeal.

r*H

Section 1291 of Title 28 of the United States Code grants the “courts of appeals . . . jurisdiction of appeals from all final decisions of the district courts.” (Emphasis added.) Forney’s appeal falls within the scope of this jurisdictional grant. That is because the District Court entered its judgment under the authority of the special “judicial review” provision of the Social Security Act, which says, in its fourth sentence, that “district court[s]” (reviewing, for example, agency denials of Social Security disability claims)

“shall have power to enter ... a judgment affirming, modifying, or reversing the decision of the [agency] with or without remanding the cause for a rehearing,” 42 U. S. C. § 405(g) (emphasis added),

and which adds, in its eighth sentence, that the

“judgment of the court shall be final except that it shall be subject to review in the same manner as a judgment in other civil actions,” ibid, (emphases added).

This Court has previously held that this statutory language means what it says, namely, that a district court order remanding a Social Security disability benefit claim to the agency for further proceedings is a “final judgment” for purposes of § 1291 and it is, therefore, appealable. Sullivan v. Finkelstein, 496 U. S. 617 (1990); see also Shalala v. Schaefer, 509 U. S. 292, 294 (1993) (statute that requires attorney’s fees application to be filed within “thirty days of final judgment” requires filing within 30 days of entry of § 405(g) “sentence four” district court remand order, not within 30 days Of final agency decision after remand).

[*270] Finkelstein is not identical to the case before us. It involved an appeal by the Government; this case involves an appeal by a disability benefits claimant. Moreover, the need for immediate appeal in Finkelstein was arguably greater than that here. The District Court there had invalidated a set of Health and Human Services regulations, and the Government might have found it difficult to obtain appellate review of this matter of general importance. Further, the Court, in Finkelstein, said specifically that it would “express no opinion about appealability” where a party seeks to “appeal on the ground that” the district court should have granted broader relief. 496 U. S., at 623, n. 3.

Finkelstein’s logic, however, makes these features of that case irrelevant here. Finkelstein focused upon a “class of orders” that Congress had made “appealable under § 1291.” Id., at 628. It reasoned, primarily from the language of § 405(g), that a district court judgment remanding a Social Security disability benefit case fell within that class. Nothing in the language, either of the statute or the Court’s opinion, suggests that such an order could be “final” for purposes of appeal only when the Government seeks to appeal but not when the claimant seeks to do so. Nor does the opinion’s reasoning permit an inference that “finality” turns on the order’s importance or the availability (or lack of availability) of an avenue for appeal from the different, later, agency determination that might emerge after remand.

The Ninth Circuit itself recognized that the District Court’s judgment was “final” for purposes of appeal, for it said that any effort “to conclude” that a judgment remanding the ease is “not final for the claimant” was “inconsistent” with Finkelstein. 108 F. 3d, at 232. The court added that it would be “error for the district court to attempt to retain jurisdiction” after remanding the case; and it wrote that the remand judgment, which ended the “civil action,” must be “ ‘final’ in a formalistic sense ... for all parties to it.” Ibid.

[*271] 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 eourt reverse and set aside the decision... denying [the] claim for disability benefits;
“2. In the alternative, that this eourt 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[*272] mand order, as the Government has every right to do. See Finkelstein, supra, at 619.

The Solicitor General points to many cases that find a right to appeal in roughly comparable circumstances. See Brief for Respondent 21, n. 12 (citing Gargoyles, Inc. v. United States, 113 F. 3d 1572 (CA Fed. 1997) (permitting appeal where prevailing party recovered reasonable royalty but was denied lost profits); Castle v. Rubin, 78 F. 3d 654 (CADC 1996) (per curiam) (permitting appeal where prevailing party awarded partial backpay but denied reinstatement and front pay); La Plante v. American Honda Motor Co., 27 F. 3d 731 (CA1 1994) (permitting appeal where prevailing party awarded compensatory but not punitive damages); Graziano v. Harrison, 950 F. 2d 107 (CA3 1991) (permitting appeal where prevailing party awarded damages but denied attorney’s fees); Ragen Corp. v. Kearney & Trecker Corp., 912 F. 2d 619 (CA3 1990) (permitting appeal where prevailing party denied consequential damages); Carrigan v. Exxon Co., U. S. A., 877 F. 2d 1237 (CA5 1989) (permitting appeal where prevailing party awarded damages but not injunc-tive relief)).

The contrary authority that amicus, through diligent efforts, has found arose in less closely analogous circumstances and consequently does not persuade us. Brief for Amicus Curiae in Support of the Judgment Below 17, and n. 13; see, e.g., Parr v. United States, 351 U. S. 513, 518 (1956) (order granting Government’s motion to dismiss indictment without prejudice as not appealable by defendant in part because the dismissal would not be “final” (emphasis added)); see also CH2M Hill Central, Inc. v. Herman, 131 F. 3d 1244, 1246-1247 (CA7 1997) (claimant cannot appeal agency appeals panel remand of case for further agency hearing, for appeals order is not type of final agency decision that is reviewable under relevant judicial review statute); Director, Office of Workers’ Compensation Programs v. Bath Iron Works Corp., 853 F. 2d 11, 16 (CA1 1988) (same); Stripe-A-Zone v.[*273] Occupational Safety and Health Review Comm’rs, 643 F. 2d 230, 233 (CA5 1981) (same).

Finally, we recognize that the Ninth Circuit expressed concern that a rule of law permitting appeals in these circumstances would impose additional, and unnecessary, burdens upon federal appeals courts. The Solicitor General, while noting that the federal courts reviewed nearly 10,000 Social Security Administration decisions in 1996, says that the “[pjractical [cjonsequences” of permitting appeals “[a]re limited.” Brief for Respondent 26; Reply Brief for Respondent 17, n. 13. Except for unusual cases, he believes, a claimant obtaining a remand will prefer to return to the agency rather than to appeal immediately seeking outright agency reversal — because appeal means further delay, because the chance of obtaining reversal should be small, and because the appeal (if it provokes a Government cross-appeal) risks losing all. Brief for Respondent 26-29.

Regardless, as we noted in Finkelstein, congressional statutes governing appealability normally proceed by defining “classes” of cases where appeals will (or will not) lie. 496 U. S., at 628. The statutes at issue here do not give courts the power to redefine, or to subdivide, those classes, according to whether or not they believe, in a particular case, further agency proceedings might obviate the need for an immediate appeal. Thus, if the Solicitor General proves wrong in his prediction, the remedy must be legislative in nature.

For these reasons, the judgment of the Ninth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.