Patricia Hartman~the Queen of the Partially-Favorable
Hearing officer HARTMAN'S trick is this; she
will ask that claimant give up $20,000 to $30,000 of past benefits for a
guarantee that disability benefits will be approved, basically around the date
of the hearing. Hartman is counting on the desparate claimant being
willing to take half the pie rather than risk losing the whole pie.
This is unfair pressure by the agency against a helpless, destitute citizen and as such is despicable. Be strong and REJECT such an offer by her and she will be forced to write a PARTIALLY FAVORABLE so that you will get your benefits started BUT you can appeal to get your past benefits to the Appeals Council. If everyone stands up to her unfair pressure then she will be overturned so much that she will start to act honestly with social security claimants.
Complaint filed against Patricia E. Hartman for
improper direct contact with claimant represented by attorney
AND urging the claimant to fire his attorney for a earlier hearing date.
(It is improper for an attorney in government service to urge a person to give up a US Constitutional Right) Colorado Supreme Court, Attorney Regulation Counsel, Complaint July 30 2009
"Hartman, by and through her assistant telephoned (claimant) directly and stated
"if you fire your attorney we can get you a hearing on Friday"
On a second occasion the claimant telephone Hartman at the number she had provided and was connected to Patricia E. Hartman's Assistant who said "yeah, if you fire your attorney...the judge will hear your case at 2:30".
Says the complaint, "This is an outrage that a government lawyer (Patricia E. Hartman) would contact a represented party and in effect blackmail that citizen that to apparently receive a favorable outcome that they must first fire their attorney. Of course, claimant has a US Constitutional Right to be represented by legal counsel and legal counsel of his choice.
For Hartman to demand that claimant, using the full power and weight of the United States government in her role as a government hearing officer, put this unbearable pressure on a citizen is a violation of the ethics code which forbids members in government service to urge a person to give up US Constitutional Rights in these circumstances.
Standard Hartman Hearing Questions"
Past Relevant work of claimant;
Wants you to stipulate to past relevant work and what is was like
TIP: Have claimant holding pad of paper and have claimant write down everything that is incorrect.
After informing judge what is incorrect, then agree to stipulation but not before. Often times claimant will have performed job at much high weight level than is in the Dictionary of Occupational Titles.
ALJ Patricia Hartman's standard questions:
State full name for the record and social security number;
How old today;
Married;
w/ whom living at this time;
how old is blank;
another else;
living w/ blank since aod?
how situation changed since aod;
ct; so lived alone then went through savings and moved in blank?
anyone dependent on you?
How tall how much weight?
Weight stable since aod?
Driver license?:
How get here;
(trick question. If you can drive to the hearing, why can't you be employed? Have someone drive you to the hearing.)
How far drive to get here?
Trouble on trip?
Type of dwelling live;
Any trouble getting into or out of;
Children-person you live with able to take care of himself?
Education listed-is that correct? NOTE; IF YOU DIDN’T FINISH A GRADE GIVE ONLY THE GRADE YOU FINISHED.
If ged, how many times did you have to take it; was it prison ged where they gave you the answers so you could use GED credentials to get a job once out?
Are you literate, read and write w/o difficulties
(objection; claimant lacks foundation to determine if he is literate)
Proficient in math, add two digit numbers ok with store change?
Any voc rehab?
Ever in military? Branch, highest rank?
How supporting self at this time?
Help with rent, utilities, food stamps, health insurance?
Unemployment since alleged onset date-aod?
Work comp benefits since aod;
Look for work after aod?
TRICK QUESTION: if you did look for work, WHY did you do that, as you said you couldn’t work after AOD?
Med treatment in addition to lump sum payments?
Worked anywhere for wages since aod?
Any volunteer work since
See earnings record here, outlines old jobs:
VE Now ve: has opinion changed as to nature of her work
Counsel; list her impairments and where they show up the record and her rfc as stated by treating physician?
objection; The Notice is not addressed to and I am here only to ask questions and not be asked them. what you are asking me is attorney work product and not discoverable by the Social Security Administration of which you are an employee. I am an attorney at law and not a medical doctor and therefore my answer lacks foundation, is not evidence and is legally incompetent. Without waiving these objections, here is my opening statement; claimant cannot perform substantial gainful activity because she can not use her hands....etc., she can sit for only x minutes and then must walk around for x minutes, she will miss more than 2 days of work per month, will perform at 80% of the typical worker and these are all the things I shall prove now in this hearing.
Metho use: and mj;
When first started in 2006 when quit lost my job felt unworthy unusful seduced by it, have no excuse feb 06 don’t use it anymore used it for 6 months drug treatment counceling Beaverton m and w counseling lifewise
Walker seated; describe it?
When first started?
???using two canes but hurt
Walker prescribed by md:
How get it?
Use any other assisted walking devise?
Work comp claim, who md treated you under work comp claim;
Able to take care of grooming and bathing by self?
Drive a car?
How long since able to drive a car?
Do you prepare meals for yourself?
Can you go to grocery store?
When quit cooking and shopping?
How come
Able to do dishes or load dishwasher?
How spend typical day?
Sleep through the night?
Advertisement:
Daniel Bernath
Attorney at Law