Paul E. Lowe v. Railroad Retirement Board

This proceeding was instituted by petitioner to obtain a review of a decision of the Railroad Retirement Board, an independent agency in the executive branch of the United States Government. The board held petitioner not entitled after December 17, 1959, to receive unemployment benefits under the Railroad Unemployment Insurance Act. 52 Stat. 1094 , as amended, 45 U.S.C. §§ 351-367 .

With the exception of five days, petitioner was unemployed since January 2, 1959. He had applied for and been granted benefits in the sum of $2,478.60 for unemployment from January 2, 1959, to December 16, 1959. By this proceeding he seeks additional benefits for subsequent unemployment.

The board ruled that under regulations, 20 C.F.R. § 327.15 , petitioner had not sufficiently shown that he was making reasonable efforts to obtain work; accordingly, that under 20 C.F.R. § 327.5 he had failed to show that he was willing and ready to work and that he was “available for work” under § 1 (k) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 (k). The board therefore ruled that he was not entitled to benefits.

Upon review the board’s decision is not to be set aside if it is supported by…