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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 Link to more items from this source
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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