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

Recovery of overpayment in disability benefits

Scott v. U.S. R.R. Ret. Bd., 09-4045, concerned a challenge to 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).  In affirming, the court held that substantial evidence supports the Board's conclusion that petitioner was at fault in causing the overpayment.  Further, 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.

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