Flom

MEMORANDUM *

James D. Flom appeals an order of the district court denying his motion for attorney’s fees. Flom requested fees after Metropolitan Life Insurance Company (“MetLife”) reinstated his disability benefits following the district court’s decision to remand his ERISA case to MetLife. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

A prevailing ERISA plaintiff is entitled to attorney’s fees unless special circumstances would render such an award unjust. Smith v. CMTA-IAM Pension Trust, 746 F.2d 587, 589 (9th Cir.1984). In determining whether an ERISA plaintiff has prevailed, we look to case law defining “prevailing party” for purposes of other federal statutes. See id. In that context, a prevailing party is one who achieves a judicially sanctioned and material change in the legal relationship between the parties. Buckhannon Bd. & Care Home, Inc. v. W. Virginia Dep’t of Health & Human Res., 532 U.S. 598, 604-05 , 121 S.Ct. 1835 , 149 L.Ed.2d 855 (2001).

This judicially-sanctioned change in the parties’ relationship need not be a judgment on the merits, and a prevailing plaintiff need not achieve directly through the judicial order itself the ultimate benefit…