Daniel A. Bernath Attorney at Law 

Member US Supreme Court~California Supreme Court Bars
                                   15532 SW Pacific Hwy        
                                         C1B   #404             
                              Tigard Oregon 97224-3794
                                       (503) 639 6666 
  disabilitypaycheck@comcast.net 

Thursday, March 26, 2009 

                      Dedicated to helping the disabled
 

To: ALJ Haack  

Greetings: 

  Again you have cut me off in my cross examination of claimant, thus depriving her of her rights to full hearing.  I demanded three times that she be given a supplemental hearing if you thought we were running out of time but you refused to respond to my 3 motions.  (I also represented the claimant after H and hearing took a mere 15 to 20 minutes.  As such, nothing would have been lost if you had honored H’s Constitutional Rights to a full and fair hearing) 

  Therefore, I hereby demand a supplemental hearing so that my client’s rights to Due Process of Law will not be violated any further. 

  I note that H’s hearing was scheduled for 9:00 am.  At 9:10 am I saw you arriving at work at Social Security Court ODAR. 

(You were also late at the hearing we did in Astoria where you also did not let me complete my cross examination of the claimant, the vocational expert and the medical expert) The hearing started at 9:30 am or so because you were late.  (We waited outside the hearing room as the claimant had to lean on her crutches). 

 I also note that you have a canned introduction which you read to all claimants that can take five minutes or so.  I have told my client all about the vocation expert and if there are any further questions in that regard I would tell them after the hearing in any case.  Stop doing that canned introduction each hearing  as it appears to be cutting into time that should go to more useful things at the hearing, please.  You are not required to say those things by law or regulation. 

  You asked the vocational expert at the hearing a hypothetical question.  And then, even though I told you at least two times that I wanted to cross exam the VE you refused to let me cross examine him.  As such, I demanded that his entire testimony be stricken from the record and the Commissioner of Social Security cannot prove or disprove the elements of disability because no expert has provided his expertise until after claimant’s counsel can cross-exam the VE.  This is FUNDAMENTAL BLACK LETTER LAW.  Therefore, I also demand that you provide a supplemental hearing so that I may question this vocational expert.

Respectfully, 

Daniel A. Bernath 

Daniel A. Bernath