Samuel Hernandez v. Railroad Retirement Board, No. 12-2935 (8th Cir. 2013)
Annotate this CaseCourt Description: Petition for Review - Railroad Retirement Board. Decision denying waiver of recovery of disability-annuity overpayments and penalty is supported by substantial evidence.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2935 ___________________________ Samuel Hernandez lllllllllllllllllllllPetitioner v. Railroad Retirement Board lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Railroad Retirement Board ____________ Submitted: May 17, 2013 Filed: May 29, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ 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. ______________________________ -2-
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