B-145307, JUL. 25, 1961

B-145307: Jul 25, 1961

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WE HAVE CAREFULLY REVIEWED YOUR CASE AND WE CONCLUDE THAT YOU WERE UNLAWFULLY PAID THE SUM OF $377.40. IT IS A WELL SETTLED PRINCIPLE OF LAW THAT THE GOVERNMENT IS NOT BOUND BY THE NEGLIGENCE OF ITS OFFICERS AND EMPLOYEES IN THE ABSENCE OF A STATUTE SO PROVIDING. OUR OFFICE IS NOT INVESTED WITH ANY AUTHORITY TO WAIVE THE INDEBTEDNESS.

B-145307, JUL. 25, 1961

TO MR. ROBERT L. MURDOCK:

ON JUNE 19, 1961, YOU REQUESTED THAT WE REVIEW THE RECORD IN YOUR CASE WHICH CONCERNS AN INDEBTEDNESS TO THE UNITED STATES FOR $377.40. THAT AMOUNTS REPRESENTS EXCESS SICK BENEFITS PAID TO YOU BY THE RAILROAD RETIREMENT BOARD FOR THE PERIOD JULY 1 TO AUGUST 25, 1959. YOU CONTEND THAT YOU SHOULD NOT BE REQUIRED TO PAY THIS DEBT BECAUSE IT ALLEGEDLY AROSE OUT OF A MISTAKE ON THE PART OF THE NEW YORK REGIONAL ADJUDICATOR.

WE HAVE CAREFULLY REVIEWED YOUR CASE AND WE CONCLUDE THAT YOU WERE UNLAWFULLY PAID THE SUM OF $377.40. IT IS A WELL SETTLED PRINCIPLE OF LAW THAT THE GOVERNMENT IS NOT BOUND BY THE NEGLIGENCE OF ITS OFFICERS AND EMPLOYEES IN THE ABSENCE OF A STATUTE SO PROVIDING. ROBERTSON V. SICHEL, 127 U.S. 507, 515.

OUR OFFICE IS NOT INVESTED WITH ANY AUTHORITY TO WAIVE THE INDEBTEDNESS. THEREFORE, REMITTANCE SHOULD BE MADE IN ACCORDANCE WITH OUR CLAIMS DIVISION LETTER TO YOU OF APRIL 19, 1961.