Denver S. Cooper v. United States Railroad Retirement Board

Petitioner sought review of a Board decision refusing to waive recovery of $40,661.24 in disability annuity overpayments. The Board may grant such waivers to the beneficiary of the overpayment “who, in the judgment of the Board, is without fault when, in the judgment of the Board, recovery would be ... against equity or good conscience.” 45 U.S.C. § 231i(e) (1988). In Cooper v. Railroad Retirement Bd., 977 F.2d 647, 651 (D.C.Cir.1992), we held that petitioner was without fault and remanded for the Board to consider whether recovery would impose a “severe hardship” so as to be against equity…