Camerer

*839 MEMORANDUM *

Continental Casualty Co. (“CNA”) and Birmingham Steel appeal the district court’s award of disability benefits to former Birmingham Steel employee Steve Camerer under an ERISA-governed welfare benefits plan. Camerer cross-appeals, seeking remand to CNA to determine his eligibility for benefits after the first twenty-four months as well as an award of attorneys’ fees. We affirm in part, vacate in part, and remand. As the parties are familiar with the facts of the case, we state them here only as necessary to explain our decision.

I. Camerer’s Eligibility for “Regular Occupation” Benefits

Under Birmingham Steel’s CNA-administered disability plan, benefits are available for up to twenty-four months so long as the claimant is “continuously unable to perform the substantial and material duties of his regular occupation.” CNA initially denied Camerer’s claim on December 18, 1999. Camerer promptly filed a notice of appeal, which eventuated in a “reconsideration” and denial of his claim on February 7, 2000, and a “final and binding” denial on appeal on May 11, 2000.

The plan in effect on December 13, 1999 (“1999 Plan”) did not confer discretion on CNA to interpret…