Samuel Hernandez v. Railroad Retirement Board


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4039829] [12-2935]

Download PDF
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for Review of an Order of the Railroad Retirement Board ____________ Submitted: May 17, 2013 Filed: May 29, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges.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 Appellate Case: 12-2935 Page: 1 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. ______________________________ -2- Appellate Case: 12-2935 Page: 2 Date Filed: 05/29/2013 Entry ID: 4039829

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?