Thursday, July 10, 2008
To: Oregon State Bar
Social Security Administration Appeals Council (please add to appeal
already filed)
Dan Hyatt ALJ
Chief Administrative Law Judge Region X
Re: P*S* Social Security number
(REDACTED IN COPY SENT TO
OREGON STATE BAR)
Dan Hyatt, ALJ has ruled on a motion for attorney fees AFTER he recused himself as having extra judicial bias against Dan Bernath. As such, his order giving Dan Bernath $0 in attorney fees should be reversed and another judge should hear that motion.
Claimant PS must have her deposition taken to learn of all ex parte contact that Hyatt ALJ has had with her to have her request that Bernath not be paid for his labors for her after she praised Bernath’s efforts to successfully obtain disability benefits . There is probable cause to believe Hyatt has illegally contacted and influenced former claimant PS as Hyatt ALJ has a documented history of contacting claimants ex parte to turn them against their chosen attorney. Lowry v. Hyatt ALJ, brief of Appellant
Furthermore, Hyatt ALJ has denied Bernath due process of law in not
permitting Bernath to defend himself against Hyatt’s baseless allegations. Hyatt
briskly dictated an order, after he recused himself from hearing cases where
Bernath is the attorney because of Hyatt’s confessed bias AND AFTER his
earlier attempt to order $0 attorney fees for Bernath was reversed by
the Chief Judge of Region X.
After many requests and demands, Social Security has finally provided an audio CD.
Dan R Hyatt Administrative Law Judge from official audio recording of KM hearing:
(Record opens)
"Today is April 24th (2008).
We're hearing the case of KM.
Mr. Moss, good morning.
I have had a discussion with your attorney.
Aaa, Mr. Bernath and I have kind of insurmountable difficulties between us.
I don't think it's fair to you and because of that I'm going to recuse myself
from hearing this case.
Your case will be assigned this afternoon to a different judge and hopefully it will be resolved fairly quickly.
Alright?
Claimant , "good"
Hyatt, "good"
Hyatt ALJ, "Mr. Bernath anything today?"
Bernath,
"nothing, Your Honor."
Hyatt ALJ, "Ok"
(off the record)
By ruling on a motion after Bernath’s successful representation of claimant, after he has confessed to his extra-judicial bias and after the time has expired for claimant to make such a protest is a violation of ethics, due process of law and Social Security regulations and puts the Social Security Administration in a bad light.
What makes ALJ Hyatt‘s even more egregious is that he declared himself to be too biased personally against attorney Daniel Bernath on February 21, 2007 in the BM case. After a very contentious hearing that related to Bernath’s membership in the California Bar, his advertising as an attorney, his work as a judicial assistant at ODAR for ALJ Hyatt and a small portion relating to the Mcase, ALJ Hyatt stated that he had to decide if his extra-judicial bias against Bernath would “spill over” so as to taint his decisions against claimants’ who exercised their constitutional right to hire the attorney of their choice.
ALJ Hyatt determined that his extra judicial bias DID spill over when Bernath is the attorney and recused himself in February 2007 but then unethically continued to torment Bernath and Bernath’s clients at future hearings. After a year of demanding the hearing on the BM case, SSA finally produced it. The hearing began as Hyatt (in front of Bernath’s client) began by wrongfully accusing Bernath of being suspended by the California Bar:
Bernath "I think in the interest of my client you should recuse yourself."
Hyatt, "well, you can say that but I’ll make that decision myself based on your responses to my questions.
So number one you're saying you do not claim to be able to get quicker hearings than some other attorneys.
Bernath "no
I don't say that at all. I say that some of them are lax in not asking for OTRs
or pushing things along or..."
Hyatt, "how do you push things along?"
Bernath, "well for one thing (Alan) Graf when he received notice that he was denied a recon and the client wonder what was going to happen next said, 'well in 65 days I'll ask for a hearing.' and I file for a hearing on the very day I get notice of the recon denial, for example.
So some lawyers will slow things down whether intentionally or unintentionally."
Hyatt, "ok, lets go back to this 'judge's assistant' that you claim you were. Did you ever assist me when you were working at the office?
Bernath "yes"
Hyatt "when? You tell me what you ever did assisting me. Did we ever have a work related discussion in the time that you worked there?
Bernath, "I believed that I added exhibits to your files. I remember going into your office many times looking for files so I could add exhibits for upcoming hearings.
Hyatt "How was that a judge's assistant?"
Bernath, "I was assisting you so that you didn't have to put the exhibits in the file."
Hyatt, "well I think that's a misrepresentation of what you did. I have no doubt that you put exhibits in the file and did photocopy work.
But to claim that you were a judge's assistant is just false."
(click here to read of Bernath's many duties for the judges at Social Security Court ODAR)
Bernath, "well I believe that there is nowhere in HALLEX that says you have the authority to dress me down like this..."
Hyatt
(yells) "I'm not dressing you down..."
Bernath "If you wish to file some sort of complaint with the..."
Hyatt, "I don't need to. I don’t need to Mr. Bernath."
Bernath, "well I think that you've overstated your authority, you've gone too far. If you wish to not hear this case that's fine..."
Hyatt: "I’m trying to"
Bernath, "but I think if the Appeals Council hears this tape ..."
Hyatt: "I hope they do!
Bernath, "...they may determine...that you're in a state of mind that you could not rule fairly for my client".
Hyatt: Mr. BM I want to reassure that my discussion with Mr. Bernath has nothing to do with you, OK?
Bernath: then we should have had it (discussion) when he wasn't here...
Hyatt: Mr. Bernath would you please be quiet while I'm speaking?
Bernath: sure.
Hyatt: the purpose of my inquiring of you is that I've formed some opinions about you that I want to make sure in my mind does not spill over to the detriment of your client. And if I thought it would I would recuse myself."
A few hours after this discussion in front of claimant BM, ALJ Dan R. Hyatt recused himself and with the evidence in the file, ALJ ** granted a Fully Favorable On the Record(s) decision.
Therefore ALJ Hyatt has REPEATEDLY stated that he has extra judicial bias against attorney Daniel Bernath, his former assistant but continues to make motions denying him attorney fees and continuing his cases (as he promised he would to put Bernath out of business). ALJ Hyatt’s orders after February 2007 are all void because he has declared his own extra-judicial bias and then recused himself from the BM case.
The Administrative Law Judge (ALJ) must disqualify or recuse himself or herself from adjudicating a case if the ALJ is prejudiced or partial with respect to the claimant or has any interest in the matter pending for decision.
HALLEX I-2-1-60. Disqualification of Administrative Law JudgesALJ Hyatt had a personal interest in this matter in that he was using the PS
case to advance his own interests in his criminal coercion of claimant’s
attorney Daniel Bernath. When the representative refused to be subjected to the
coercion (conspiracy to commit coercion first act was when he threatened Bernath
prior to the Moss hearing), Hyatt ALJ punished him by awarding him $0 attorney
fees in a separate case (the PS case).
JR 1-101
states that a judge may “not commit a criminal act” but here, Hyatt ALJ
has committed the criminal acts of coercion and conspiracy to commit coercion. A
judge may “not allow personal relationships to influence judicial
conduct or judgment.”
Hyatt also violated this canon as he used his position as a judge to advance his own private interests as he attempted to have a news publisher/reporter stop publishing news and gathering news about him with the carrot that he would recuse himself in future case and the stick of issuing orders granting Bernath $0 in attorney fees on the cases he handled successful for claimants.
As Hyatt’s ruling in granting Bernath $0 in attorney fees is based on Hyatt’s multiple criminal acts and unethical acts, it is void and should be declared void and another ALJ who has no knowledge of the background of ALJ Hyatt and of these unpleasant violations of law and ethics by Social Security employees should decide this attorney fee protest.
Respectfully,
Daniel A. Bernath
Daniel A. Bernath
Editor
Cc: PS