U.S. Court of Appeals for the Eighth Circuit, 2013

Samuel Hernandez v. Railroad Retirement Board

Samuel Hernandez v. Railroad Retirement Board
U.S. Court of Appeals for the Eighth Circuit · Decided May 29, 2013 · Loken, Melloy, Benton
507 F. App'x 619

Samuel Hernandez v. Railroad Retirement Board

Opinion

PER CURIAM.

Samuel Hernandez petitions for review of the Railroad Retirement Board’s (Board’s) final decision adopting a hearings officer’s determination that Hernandez is not entitled to a waiver of recovery of disability-annuity overpayments and is subject to a penalty for not timely reporting earnings over the allowable amount. Hernandez offers no valid basis for overturning the Board’s decision; and upon careful review of the relevant record, we conclude that the Board’s decision is supported by substantial evidence, is not arbitrary, and has a reasonable basis in the law, see Worms v. R.R. Ret. Bd., 255 F.3d 502, 505 (8th Cir. 2001). Accordingly, the Board is affirmed. See 8th Cir. R. 47B.

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