Daniel
A. Bernath
Attorney at Law
Member United States Supreme Court Bar. Member California Bar
15532 SW 99W C-1B #101
Tigard, Oregon 97224
(503) 639 6666
ussyorktown@comcast.net
To
The Honorable Congressman David Wu
I received your message that Administrative Law Judge Tielens of the Portland
Social Security Office of Adjudications and Review has “again” looked into the
emergency motion for hearing priority and has found that Mr. Scott Sch. is
not eligible for this priority.
The facts are, his home is in foreclosure, has been since about July 2007 and
SSA has done nothing about giving him a hearing on his disability claim. The
proceeds of the back benefits would be enough to take his home out of
foreclosure.
If the Social Security regulations that give a claimant hearing priority
because he is in imminent danger of losing his shelter/home to foreclosure does
not apply to the SC situation, then NO ONE can make use of that regulation. But
in truth, it appears that ALJ Tielens simply refuses again to follow SSA
regulation and there is no penalty to him to discipline him that as SSA has
simply not put any mechanism in place, (although they continue to promise over
the years that they will.)
This is the time for Congressional Intervention. Legislation must be
drafted along the lines of the California Model of one preemptory challenge to
one judge per claimant and a peer judicial council to review the improper acts
and omissions of administrative law judges for possible discipline or
termination. To have one class of government employees who are not reviewable in
any way is contrary to the principles of the United States Constitution which
guarantees us all the right to Due Process.
We are told by Judge Tielens that he “looked” at my motion in July and denied
it. If this is so, he never bothered to tell claimant that his motion was
denied, nor myself as he attorney. If he had told me that he “denied” the motion
I surely would have appealed it to the Appeals Council and the US District Court
by and through a member of the Oregon Bar.
My client says it appears that ALJ Tielens is now just “covering his ass”
after ignoring the motion in July. I am inclined to adopt my client‘s analysis.
It is either that or ALJ Tielens has not grasped the fact that he is in a chain
of adjudicators and under our system of government, his decisions can be
reviewed.
(If indeed he did as he says;) For ALJ Tielens to make a life or death
decision like this and not bother to tell Mr. Sch. again smacks of an
arrogance of our ALJ corps that only has grown because SSA is obviously
intentionally negligent in constructing a mechanism to discipline and/or
terminate rogue ALJs who refuse to follow the orders of the judges above them or
SSA rules and regulations.
Too long have these millions of Americans who are entitled to disability and
due process of law been denied their rights because there is no mechanism in
place to discipline or terminate ALJs who refuse to follow the law. SSA
continues to say they will “get around to it” but in the decades that they have
held this important responsibility to determine Disability claims that have
either refused or intentionally failed to do so.
Congresswoman
Hooley and Senator Smith and Wyden have taken an interest in these issues and I
would trust that you will soon meet with them regarding these life or death
issues for this group of American voters who up till now have been without a
voice.
Again, I would be glad to come to Washington DC or Baltimore so that you and
I can meet with Social Security Commissioner Astrue to discuss these problems
and how they can be solved.
Respectfully,
Daniel A. Bernath
Daniel A. Bernath
Attorney at Law
503.639.6666
disabilitybenefits@comcast.net
****
Letter by disabled American to her congressman and Senators:
Hello
Senators and Congressman,
We
will lose our house on 2-13-2008 as
USBANK is refusing to give us the
time to sell our home. Due to Social
Security Office of Hearings and
Appeals, Judge Tielens not acting on
my case, we have had to remove our
kids from school and transfer them
to a school in another state, leave
the only home they have known, my
wife was forced to leave her jobs
which our insurance was through and
completely uproot our family in
every way due to the foreclosure
that we first notified ODAR of in
June of last year and still haven't
heard word one from them directly to
me or my attorney only 2nd hand
through Congressman WU's office.
We
have been trying to sell our home
since July as everything we have is
tied up in our home. If there is any
possibility could you under these
circumstances make a call to ask if
they would give us enough time to at
least sell our home as it doesn't
look as if ODAR is going to make any
decision in time.
The
Title representative's number and
the attorney for US BANK are listed
below.
ODAR
didn't mind that we were losing our
shelter and are in no hurry to do
anything to save our family's
shelter and now we will lose the 10
years of equity we invested due to a
lack of compassion from ODAR to
follow their own rules or US Banks
to allow us to save our equity and
pay them off in the process. Will
you/ can you offer any help? I'm
sure a phone call would compel US
BANK to give us the time to sell our
home in this case.
Please, Scott Sch.
Scott and Julie,
|
Action
by Congressman Wu-zero.
No letter. No phone call. Nothing. (he seeks re-election every
two years)
News media
(Oregonian, AARP Magazine) VERY critical of Social Security Disability system in Portland and the
long wait click here
CBS
News Investigation of Social Security. 2/3 of people denied will
never pursue it. "Culture of Death and Denial"
click here
cbsnews video
Daniel
A. Bernath