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- Subject: SULLIVAN v. FINKELSTEIN, Syllabus
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court
- but has been prepared by the Reporter of Decisions for the convenience
- of the reader. See United States v. Detroit Lumber Co., 200 U. S. 321,
- 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- SULLIVAN, SECRETARY OF HEALTH AND HUMAN
- SERVICES v. FINKELSTEIN
-
-
- certiorari to the united states court of appeals for the third circuit
-
- No. 89-504. Argued April 24, 1990, Decided June 18, 1990
-
- Title 42 U. S. C. 405(g), which is not further divided into subsections,
- provides, inter alia, that: an individual may obtain judicial review of a
- final decision of the Secretary of Health and Human Services under the
- Social Security Act by filing "a civil action" in the district court
- (sentence one); in such action, that court has the power to enter "a
- judgment affirming, modifying, or reversing the [Secretary's] decision,
- with or without remanding the cause for a rehearing" (sentence four)
- (emphasis added); that court may order a remand for the taking of
- additional evidence, "but only upon a showing that there is new evidence
- which is material and that there is good cause for the failure to
- incorporate such evidence into the record in a prior proceeding" (sentence
- six); that court may review the Secretary's postremand "additional or
- modified findings of fact and decision" (sentence seven); and that court's
- judgment "shall be final except that it shall be subject to review in the
- same manner as a judgment in other civil actions" (sentence eight).
- Respondent filed an application for widow's disability benefits under
- 423(d)(2)(B), which authorizes an award to a widow whose impairment is of a
- level of severity deemed sufficient by the Secretary's regulations to
- preclude an individual from engaging in any gainful activity. Under those
- regulations, a surviving spouse who suffers from an impairment meeting or
- equaling the severity of an impairment included in the Secretary's Listing
- of Impairments is disabled. After respondent's application was denied on
- the ground that her heart condition did not meet or equal a listed
- impairment, she filed suit in the District Court, invoking 405(g). The
- court sustained the Secretary's conclusion that she did not meet the
- regulatory definition for disability, but reversed the decision and
- remanded the case for a determination of her ability to engage in any
- gainful activity without regard to the regulation. The Court of Appeals
- dismissed the Secretary's appeal for lack of jurisdiction, because remands
- to administrative agencies are not ordinarily "final decisions" appealable
- under 28 U. S. C. 1291. It held that the exception for cases in which an
- important legal issue is finally resolved and review of that issue would be
- foreclosed as a practical matter if an immediate appeal were unavailable
- was inapplicable because, if the Secretary persisted in refusing benefits
- on remand, the District Court might order that benefits be granted, thereby
- providing the Secretary with an appealable final decision. The court also
- believed that Circuit precedent foreclosed the Secretary's argument that he
- might not be able to obtain review at a later point if he awarded benefits
- on remand.
-
- Held: The Secretary may immediately appeal a district court order
- effectively invalidating regulations limiting the kinds of inquiries that
- must be made to determine entitlement to disability insurance benefits and
- remanding a claim to the Secretary for consideration without those
- restrictions. Pp. 5-12.
-
- (a) The District Court's order essentially invalidated, as inconsistent
- with the Act, regulations restricting eligibility for widow's
- disability benefits. Pp. 5-6.
-
- (b) Section 405(g)'s text and structure define the court of appeals'
- jurisdiction. The term "a civil action" in sentence one suggests that
- each final decision of the Secretary is reviewable by a separate piece
- of litigation. Here, the District Court entered a judgment pursuant to
- sentence four: it reversed the Secretary's decision and "remand[ed] the
- cause for a rehearing." Unquestionably this is a "judgment" in
- 405(g)'s terminology, as the court terminated the civil action
- challenging the Secretary's final decision, set aside that decision,
- and decided that the Secretary could not follow his own regulations on
- remand. Since there would be grave doubt whether the Secretary could
- appeal his own order if on remand he awarded benefits, the District
- Court's order was a "final judgment" subject to further review under
- sentence eight. Pp. 6-7.
-
- (c) Respondent's several arguments countering this construction of
- 405(g) are unpersuasive. First, the remand in this case was not
- ordered pursuant to the sixth sentence, since a sixth-sentence remand
- is appropriate only when the district court learns of evidence not in
- existence or available to the claimant at the time of the
- administrative proceeding that might have changed that proceeding's
- outcome. Second, the postremand judicial review contemplated by
- sentence seven refers only to reviews in cases that were previously
- remanded under sentence six, and thus does not fit the kind of remand
- ordered in this case. Third, the eighth sentence does in fact compel
- the conclusion that a fourth- sentence judgment is immediately
- appealable. That Congress may have used "final" to mean conclusively
- decided for res judicata purposes does not preclude the construction of
- "final" to include "appealable," a meaning with which "final" is
- usually coupled. Moreover, Congress is empowered to define a class of
- orders that are "final judgments" within the meaning of 1291, and that
- is precisely what it has done in sentence four. Fourth, sentence four
- does not limit a district court's power to remand a case, since it does
- not require the court to choose between entering a final judgment and
- remanding, but specifically provides that it may do both. Finally,
- language in Sullivan v. Hudson, U. S. , suggesting that this type of
- remand order is not appealable as a final decision is insufficient to
- sustain respondent's contentions here, since that case dealt with the
- interpretation of the Equal Access to Justice Act's term "any civil
- action," not with whether a remand order could be appealed as a "final
- decision" under 1291. Pp. 7-12.
-
- 869 F. 2d 215, reversed and remanded.
-
- White, J., delivered the opinion of the Court, in which Rehnquist, C. J.,
- and Brennan, Marshall, Stevens, O'Connor, and Kennedy, JJ., joined, and in
- which Scalia, J., joined except as to n. 8. Scalia, J., filed an opinion
- concurring in part. Blackmun, J., filed an opinion concurring in the
- judgment.
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