Samuel Hernandez v. Railroad Retirement Board

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4039829] [12-2935]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2935
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Samuel Hernandez
lllllllllllllllllllllPetitioner
v.
Railroad Retirement Board
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Railroad Retirement Board
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Submitted: May 17, 2013
Filed: May 29, 2013
[Unpublished]
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Before LOKEN, MELLOY, and BENTON, Circuit Judges.
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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

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Date Filed: 05/29/2013 Entry ID: 4039829

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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Appellate Case: 12-2935

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Date Filed: 05/29/2013 Entry ID: 4039829