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Text of First Circuit Opinion: Claimant Entitled to Attorney's Fees Because Procedural Victory Increased Likelihood of Successful Benefit Claim (PDF)
U.S. Court of Appeals for the First Circuit 
Aug. 14, 2014
"[A] remand for a second look at the merits of her benefits application is often the best outcome that a claimant can reasonably hope to achieve from the courts.... [T]he question in each case is whether the claimant has achieved something more than trivial or procedural success. When an ERISA beneficiary has earned a second look at her claim based on a deficient first review, her success can be equally consequential whether or not the identified flaw is explicitly linked by the remanding court to a statute or regulation[.]" [Gross v. Sun Life Assurance Co. of Canada, No. 12-1175 (1st Cir. Aug. 14, 2014)]
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