In ERISA litigation, the availability of an attorney fee award pursuant to 29 U.S.C. Sec. 1132(g) gives an incentive to attorneys to take on such difficult cases. But what happens if a court fails to decide the matter, but instead, remands the case to reconsider the issues presented. In Gross v. Sun Life Assur.Co. of Canada, 2014 WL 3954030, 2014 U.S.App.LEXIS 15617 (1st Cir. August 14, 2014), the court firmly held that fees are due for remands even if no benefits are recovered.