February 23, 2006
Oregon State Bar-Disciplinary
5200 SW Meadows Road Lake Oswego
Oregon 97035-0889
Dear Sir or Madam:
I received in the mail the Fee Petition and Summary of Time filed by my terminated attorney Merrill Schneider. I am outraged by what he is claiming.
I terminated his services because of his failure to communicate with me and his lack of diligence on this case. There are many more records on my impairments that SSA does not have because when I offered them to Schneider they were refused.
I have spoken to attorney Merrill Schneider only two times. One time was when he initially took my case. He spent 10 minutes with me, stating that “I don’t take a case unless I think I can win.” After this short 10 minute talk, he turned me over to a secretary who then asked me a lot of questions she read from a list. I note that on “summary of time spent at attorney level” that he says he spent .50, or half an hour with me. That is false. The truth is, attorney Merrill Schneider spent ten minutes with me or .20.
Whenever I telephoned to speak with my former attorney Merrill Schneider, I was told that;
"He is on vacation,
He is not here,
He is in Court,
I’ll have to take a message."
My new attorney, Daniel Alan Bernath has spoken with me numerous times. I
telephone him and I speak with him directly. A medical doctor has told me that
I have a terminal disease. Mr. Bernath has immediately spoken with this doctor
and obtained a statement. He has taken my medical records, obtained the new
ones and is preparing to go to OHA to get me priority because of my terminal
status. If I had waiting for Mr. Schneider, nothing would have occurred. In
fact, I have been told only by Schneider’s staff, when I brought up the same
facts to them that they wouldn’t do anything out of the ordinary to move my
case along and said repeatedly, “it takes a long time.”
I don’t have a long time.
I have had a stroke, two heart attacks and my doctor says I am very close to another stroke. Again, I offered these new records to Merrill Schneider but they refused to take them stating that it was too early for them to work up my case, apparently missing the fact that my case is entitled to a judge to review for priority and a favorable decision just on the medical records alone, without having to wait for a hearing.
I have looked over the “summary of time spent at the administrative level” presented by attorney Merrill Schneider. The statements there are simply false. For example, it shows that Schneider is claiming .50 (half an hour) for “intake” on my case on the Attorney page, but then charges for it again on the “administrative” page for an exact same .50 on the exact same day.
As for all the telephone calls of about half an hour (.25-.33) these statements are false. The conversations were five minutes and never with attorney Schneider. These are expenses of the Schneider law firm, office staff and the like. Just as Schneider cannot take money from my Social Security Award for postage, office supplies and envelopes, he can’t hire a staff to do his job and then charge me for that office expense. The entire demand for $299.25 for 3.99 hours for his secretary’s work cannot be charged to me from my Social Security Award. (at a rate of $75 an hour).
Merrill Schneider wants Social Security to take the secretary expense to
“change address“, stating it took his office staff 2.33 hours to do this
task taking several steps at the rate of $75 for a total cost to me of $174.75.
Again, Social Security does not set aside money from a claimants award for an
attorney’s office expenses.
At most, Merrill Schneider is entitled to .20 at his regular rate for his ten minute meeting with me but shouldn’t even be awarded that because of his lack of diligence on my case.
Sincerely,
Social Security claimant who fired Schneider
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Daniel Bernath
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