Dan R Hyatt rules against 28 year old claimant
because she is "too pretty".
Asks her about her dating and dancing.
Orders claimant's mother into court to intimidate Mother.
Does Dan R Hyatt have "a problem" with
African American claimants asks complaint to Senator Gordon Smith. (read
below)
From: Oregon State Bar Discipline
To: Dan R. Hyatt
Sherri G. Warren...has expressed her concern about your conduct. Ms. Warren and her mother raise ethical issues (about you Dan R. Hyatt) under DR 1-102(A)(4) [conduct prejudicial to the administration of justice] insofar as they suggest that you, as an Administrative Law Judge on Ms. Warren's social security case, scheduled a hearing not in the legitimate furtherance of the case, but rather in an effort to intimidate and threatened Ms. Warren, her mother, and her lawyer.
Another case of Administrative Law Judge Dan R. Hyatt having "a problem" with an African American claimant?
I am a claimant for social security benefits and came in contact with Dan R Hyatt when my case was assigned to him for adjudication. My social security case was (finally) decided by Dan R. Hyatt on December 12, 2003.
I am writing to complain about the way Dan R. Hyatt conducted my hearings over a four-year period, but primarily about an April 3, 203 hearing. Not all of it is on the tape from that hearing (Dan R Hyatt goes off the record so many things he doesn't say are not recorded)
I became severely ill with cardiomyopathy when I was 28 years old. I filed a claim for benefits on April 29, 1998 and went through a series of hearings on January 25, 2000 and April 25, 2000 before Dan R Hyatt which ultimately resulted in an unfavorable Decision dated August 18, 2000. My attorney...appealed the decision (and Hyatt was overturned and the case remanded back to him for a new decision).
Following the remand I went through ANOTHER series of hearings before Dan R Hyatt on 9.12.2002, 12.19.2002, 2.20.2003 and 4.3.2003. I found Dan R Hyatt intimidating and came to dread each new notice of hearing.
In December 2002 my mother Ms Sherriann Haggar (exercised her right under the US Constitution First Amendment) wrote a letter to Senator Gordon Smith complaining of the way my case was being handled. Smith forwarded her letter to the Office of Hearings and Appeals (where Dan R Hyatt read it).
On February 5, 2003, Dan R Hyatt sent a subpoena to my mother, telling her that she needed to appear (in social security court) before him. At the time, neither my mother nor I knew what the substance of the inquiry would be. We thought that the hearing on April 3, 2003 was going to be about my disability claim (after all that is what the Notice that Dan R Hyatt signed had indicated-did Hyatt lie in the official Social Security Notice?)
On April 3, 2003 Dan R Hyatt cross-examined my mother about her letter to Senator Smith. ...as the session proceeded it was clear that he was really trying to get evidence against my lawyer. Dan R Hyatt's behavior became quite threatening. Not everything that Dan R Hyatt said to us is on the tape. Over the many hearings that I have had with him, I have come to see that he goes off the record as he wishes. There have been many times when I wished very much that what was being said (by Dan R Hyatt) was going to be on the tape.
Dan R Hyatt used his position as a social security judge to try to intimidate and threaten my mother and I, as well as my lawyer. When his real purpose to hold the hearing became evidence (my lawyer) insisted that it end. Even getting Dan R Hyatt to acknowledge (and let my lawyer speak against Hyatt's angry voice and demeanor) was difficult.
After having to appeal before Dan R Hyatt so many times and be subjected to his tirades, I had gotten to the point where I was very nervous about having to go before him again. ...Dan R Hyatt's behavior as a judge was very trying, and occasionally insulting, demeaning or threatening.
There was nothing in the entire session April 3, 2006 that had anything to do with my claim for benefits.
/s/ Sherry Georgiann Warren 5.30.2004
****
Letter to OSB Disciplinary Counsel
from: attorney Tim Wilburn
Date Nov 30, 2004
It is not a matter of the Oregon State Bar (OSB) being asked to interfere with the quasi-judicial duties of a federal administrative law judge. This is the matter of an aggrieved citizen, injured by the dishonesty of OSB member Dan R Hyatt, seeking to have the OSB enforce its code of conduct for lawyers in general. OSB should not condone its members engaging in the harmfull dissemination of lies, and if a member of the OSB does engage in such unbecomingn conduct that the OSB take appropriate disciplinary steps, up to and including suspension or revocation of the offending member's (Dan R Hyatt's) license to practice law.
OSB retains the jurisdiction and authority to preclude dishonest and represensible people from being OSB members. The OSB should exercise that authority, find that attorney Dan R. Hyatt's misconduct reflects adversely on the integrity of the profession and suspend or revoke attorney Dan R. Hyatt's bar membership.
Letter from Mother of claimant to Senator Gordon
Smith regarding Dan R Hyatt's unethical conduct as a hearing officer for Social
Security that caused Dan R Hyatt to fly into a non-judicial rage
Why is it so hard for African Americans to get disability benefits when Dan R.
Hyatt is the SSA judge?
Dan R Hyatt said (my daugter) was too pretty to be really sick and that he had read her medical information and even though her doctor said she is disabled and ill and would never fully recover and should have SSD, Dan R Hyatt thought she was getting better and was almost well. Sherri's lawyer argued that Dan R Hyatt was biased and sexist and general making medical decisions with no (medical) training.
The hideous aspects of all that has happened to my daughter in culminating the a sorry state of affairs, as she has to go back before the same Social Security judge that has denied her every time (after the higher court overturned and humiliated Dan R Hyatt). for a new hearing.
Dan R Hyatt has told Sherri, she does not need SSI, and that he won't give it to her because she is too young, pretty and smart. She is close to terrified at this point. I am close to heart broken. Dan R Hyatt has told my daughter that he will make sure she does not get one dime for the long wait and nothing for the future.
Last time Sherri had a hearing she was told to go to the meeting in a wheelchair and drool at the mouth...
We were told that in Oregon African Americans have a harder time getting SSI for any reason without them acting as though they have a mental problem.
Why are people routinely humiliated and torn apart by judges (Dan R Hyatt) during the process of trying to obtain help?
Why, please help me understand, why a person, such as my daughter, who has a problem with her body, that she did not bring on herself, should be routinely humiliated (by Dan R Hyatt) and left in gross poverty?"
Sherrian Haggar, mother
LIFE IN HELL
Actual transcript of a hearing with the angry, fuming, intimidating Dan R Hyatt
How
did the oregon state Bar deal with a complaint against Dan R Hyatt that he
misused his position to intimidate citizens? they swept it under the rug
as usual.
Oregon State
Bar Reporter
Daniel A. Bernath, EditorRegularly
publishing on the internet at
www.OregonShyster.com
15532 SW 99W #101
Tigard, Oregon 97224
(503) 639 6666
ussyorktown@comcast.net
Sunday, October 19, 2008
Re: Dan R. Hyatt’s Improper racial prejudice as an Administrative Law Judge
To: OSB
SSA General Counsel
I have been researching the checkered career of Dan R. Hyatt in your employ as a hearing officer at the Social Security Office in Portland Oregon.
In a previous complaint, Hyatt was quoted by two claimants as saying that he has “a problem with interracial couples”.
Now my research of the misconduct of Dan R. Hyatt reveals that he forced a 28 year old black woman to attend several intimidating hearings with him, told her she was “too pretty” to be disabled, asked her about her “dating and dancing” and even misused the power of his office by issuing an order that the claimant’s mother appear at a hearing so he could intimidate her. The mother states in her letter to Senator Smith that black people have a very difficult time getting social security benefits in Portland Oregon.
I believe that we must investigate these two startling similar complaints accusing Dan R. Hyatt of racial discrimination and if appropriate, remove Dan R. Hyatt from his employment from the powerful position of Administrative Law Judge. He has harmed many people by his cruelty in the past in the name of the United States Government and at the very least the citizens of this country deserve to know the basis of his sometimes irrational decisions as a hearing officer.
All the polls show that our next president is a man who is the product of an “interracial couple” and in our “post racial period” in America, if Dan R. Hyatt is intentionally harming citizens because one parent or both parents are African Americans then we must remove him from office and disbar him.
Respectfully,
Daniel A. Bernath
Daniel A. Bernath
Editor
