Leon S. Dolata and Robert A. Dolata v. Railroad Retirement Board

WINTER, Circuit Judge:

Petitioners Leon S. Dolata and Robert A. Dolata seek review of a decision of the Railroad Retirement Board (“Board”) denying them a residual lump-sum death benefit payable to them as survivors of their brother, Michael R. Dolata, under Section 6(c)(l)(v) of the Railroad Retirement Act, 45 U.S.C. § 231e(c)(l)(v) (1982).

We reverse and remand with directions to award them the benefit.

Background

The pertinent facts of this case are not in dispute. Leon S. Dolata and Robert A. Dolata are the only siblings and, except for a natural child, the only close relatives of Michael R.…