Curtis R. Peterson v. United States Railroad Retirement Board

ARNOLD, Circuit Judge.

Curtis R. Peterson appeals from a final decision of the United States Railroad Retirement Board denying him a waiver of recovery of overpayment under 45 U.S.C. § 231i(c). We affirm in part and reverse in part.

Mr. Peterson, age 65, receives disability benefits under the Railroad Retirement Act of 1974, 45 U.S.C. § 231 et seq. Between 1979 and 1982, Mr. Peterson’s benefits were overpaid by a total of $4,770.70. These overpayments stemmed from, two sources: Mr. Peterson was overpaid $3,974.50 (the first overpayment) because his wife had earnings in excess of the amount…