Samuel Hernandez v. Railroad Retirement Board

Filing

PER CURIAM OPINION FILED - THE COURT: ROGER L. WOLLMAN, STEVEN M. COLLOTON and RAYMOND W. GRUENDER (UNPUBLISHED) [3671671] [09-3761]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 09-3761
___________
Samuel Hernandez,
Petitioner,
v.
Railroad Retirement Board,
Respondent.

*
*
*
* Petition for Review of
* an Order of the
* Railroad Retirement Board.
*
* [UNPUBLISHED]
*
___________
Submitted: June 2, 2010
Filed: June 7, 2010
___________

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Samuel Hernandez petitions for review of the final decision of the Railroad
Retirement Board (Board) adopting the decision of the hearings officer that
Hernandez’s February 2008 annuity adjustment was properly calculated. Hernandez
has not pointed to any error in the Board’s adjustment calculation, and we find none.
See Worms v. R.R. Ret. Bd., 255 F.3d 502, 505 (8th Cir. 2001) (Board’s decision will
be upheld if it is supported by substantial evidence, is not arbitrary, and has reasonable
basis in law). Hernandez’s arguments concerning earlier decisions and other issues
are beyond the scope of our review. See 45 U.S.C. § 355(f) (claimant may seek
review of final decision of Board after exhausting all administrative remedies within
Board). Accordingly, we affirm.
______________________________

Appellate Case: 09-3761

Page: 1

Date Filed: 06/07/2010 Entry ID: 3671671