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SCOTT v. U.S. R.R. RETIREMENT BD.

No. 09-4045.

631 F.3d 359 (2011)

J.C. SCOTT, Petitioner, v. UNITED STATES RAILROAD RETIREMENT BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Cary L. Bauer , Gilreath & Associates, Knoxville, Tennessee, for Petitioner. Kelli D. Johnson , U.S. Railroad Retirement Board, Chicago, Illinois, for Respondent. ON BRIEF: Sidney W. Gilreath , Gilreath & Associates, Knoxville, Tennessee, for Petitioner. Kelli D. Johnson , Steven A. Bartholow , U.S. Railroad Retirement Board, Chicago, Illinois, for Respondent.

Before: SILER, CLAY, and GIBBONS, Circuit Judges.

OPINION

SILER, Circuit Judge.

J.C. Scott petitions for review of the Railroad Retirement Board's denial of his request for waiver of recovery of an overpayment in benefits under 45 U.S.C. § 231i(c). While receiving disability payments, Scott earned more per month from work than the Act allowed, resulting in overpaid benefits. He repaid that amount to the Board, but now seeks a waiver of recovery. The Board denied his request because it determined that...

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