Gennie Sullivan v. Louis W. Sullivan, Secretary of Health and Human Services

OPINION

LUTTIG, Circuit Judge:

Appellant, Louis W. Sullivan, Secretary of the Department of Health and Human Services, challenges the district court’s use of the “personal expenses” subcategory of the Consumer Price Index (CPI), rather than the CPI itself or a more general cost-of-living index, in the calculation of appel-lee’s fee award under the Equal Access to Justice Act. We agree with appellant that the district court lacked statutory authority to base appellee’s attorney fee award on the personal expenses subcategory. We therefore vacate the district court’s fee award and remand for…