John A. Pawelczak v. United States of America and Railroad Retirement Board

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner John A. Pawelczak (“petitioner”) challenges the amount of the Railroad Retirement Board’s (“the Board”) award of retirement benefits to his parents and of a lump sum death payment (“LSDP”) made to petitioner following his father’s death. Specifically, petitioner claims that the Board used erroneous compensation figures to derive these benefit amounts. We find, however, that the decedent’s failure to contest the accuracy of these figures within four years of his original annuity determination, as required…