United States Sixth Circuit

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Scott v. U.S. R.R. Ret. Bd., 09-4045

The Railroad Retirement Board's denial of petitioner's request for waiver of recovery of an overpayment in disability benefits under 45 U.S.C. section 231i(c), is affirmed where: 1) substantial evidence supports the Board's conclusion that petitioner was at fault in causing the overpayment; and 2) even if petitioner was not at fault, there is no evidence that recovery of overpayment would cause him financial hardship, or that it is against equity or good conscience.

Appellate Information

  • Argued 11/30/2010
  • Decided 01/11/2011
  • Published 01/11/2011

Judges

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Cary L. Bauer, Kelli D. Johnson

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