Social Security
Office of Hearings and Appeals
Special Counsel Staff
Falls Church VA
Oct 30 2002
to: Tim Wilborn
Attorney at Law
This letter is sent in response to your October 7, 2002 complaint about Administrative Law Judge Dan R. Hyatt .
On October 7, 2002, you requested that Special counsel Staff of Social Security investigate Dan R. Hyatt on a conversation you had with him on September 12, 2002. Judge told you that he applies a different standard (i.e. an "anti-claimant standard") when deciding cases brought by representatives whom Dan R. Hyatt does not like.
Dan
R. Hyatt told you that he disliked you and did not like to see you in the hallways
of the Portland Hearing Office and
that Dan R. Hyatt called you an "asshole."
You requested that the Social Security Administration removed Dan R. Hyatt as an administrative law judge, and/or prohibit Dan R. Hyatt from hearing any of your future cases and those of attorney David Lowry.
3.2.2004 Complaint to Oregon State Bar regarding Oregon Bar Member Dan R. Hyatt
I have enclosed an opening brief I filed. In that brief, I discussed multiple factual misrepresentations (lies) which had been made by Dan R. Hyatt . A copy of that document is enclosed which demonstrate that attorney Dan R. Hyatt has engaged in misconduct.
In the Findings and Recommendations, Judge Stewart held repeatedly that Dan R. Hyatt had misrepresented facts (Dan R. Hyatt lied repeatedly.) The government attorney did not file objections to these holdings. US District Court Judge Robert E. Jones adopted the findings (Dan R. Hyatt is a liar) and ordered the case be remanded for an award of benefits, without a remand for additional findings as the government had sought.
Attorney Baird agreed that Oregon State Bar member Dan R. Hyatt 's conduct had been in bad faith and he stipulated to award $6,000 under the bad faith provisions of EAJA. In short, the Social Security Administration agreed that OSB member Dan R. Hyatt 's conduct had been in bad faith and the agency ('s employer) should be made to pay what is in essence a "fine" of approximately $1,500 due to Dan R. Hyatt 's bad faith.
Bad Faith fees typically awarded "in cases of vexatious, wanton or oppressive conduct."
The punitive award of about $1,500 in bad faith fees speaks strongly regarding the unethical nature of OSB member Dan R. Hyatt 's conduct.
The bad faith acts committed by Dan R. Hyatt would warrant an order from the Bar prohibiting Dan R. Hyatt from ever again participating in the adjudication of Ms. Pitman's case.
In light of what appears to be a pattern and practice of similar bad faith by OSB member Dan R. Hyatt in other cases, even more serious sanctions against Dan R. Hyatt may well be warranted.
Sincerely,
Tim Wilborn
Attorney at Law
**** and the hits just keep on comin!
I recently received additional evidence (of Dan R. Hyatt 's lies and other misconduct) which may be helpful to the Bar in addressing this matter. In a federal district court case, Civil Number 01-1687-JE, the federal Magistrate Judge ruled that attorney Dan R. Hyatt had engaged in misrepresentation (lied) in another case. The Court held, "a careful review of the record fully supports plaintiff's assertion that OSB Member Dan R. Hyatt misrepresented (lied about) plaintiff's description of her daily activities and mischaracterized (lied about) evidence in the record..." Findings and Recommendation dated 8.4.04 at page 23.
...the misrepresentations (lies by Dan R. Hyatt ) in the other case do suggest that attorney Dan R. Hyatt may have a pattern and practice of misrepresentations, (lying) bearing on his ethical fitness to be a member of the Oregon State Bar, and possibly violating the same DR's cited in the Bar's 3.8.04 letter.
Tim Wilborn
Dan
R.Hyatt
is a member of the Oregon Bar.
He
must be a member of the bar to be eligible to be an administrative law judge.
He currently is employed by the Social Security Administration as an
administrative law judge out of the Portland Oregon ODAR.
The following are complaints to the Oregon State Bar
or other privileged documents:
Administrative Law Judge Dan R. Hyatt calls
claimant "White Trash" tells black and white couple that he has "a problem
with interracial marriage." Eventually another judge hears the case
and they are granted Social Security Disability
click here
Request for investigation
as to why ALJ Dan Hyatt insists on holding hearings in inconvenient location
in State of Washington after report that he was doing it for his own "tax
reasons." click here
Social Security agrees to fine itself $1,500 because of the
vexatious, wanton and oppressive conduct of Dan Hyatt.
Dan Hyatt has an "anti-claimant" standard if an attorney is an effective
attorney as Dan Hyatt demands only "docile counsel", Dan Hyatt calls Social
Security lawyer an "asshole." click here
Complaint about Dan R. Hyatt's alleged criminal coercion against editor of Oregon State Bar Reporter to get him to take down this webpage and all over public documents of Dan R. Hyatt click here
Complaint to Oregon State Bar~ Re: Probable cause to investigate Administrative Law Judge Dan Hyatt’s
(Oregon Bar Member: 782524) possible involvement in transport of
stolen federal property across state lines and breach and broadcast of citizen’s
Social Security number and other confidential and private information
click here
Chief
Administrative Law Judge of the United States, scolds Oregon State Bar for
receiving and hanging onto stolen social security number from ALJ Dan Hyatt
Private Social Security number revealed by ALJ Dan Hyatt to the public
"property of Social Security" and its ended up at Oregon Bar violates the
law
click letter to make larger
Complaint to Oregon State Bar-damage to thousands if
Dan Hyatt is acting recklessly and has the secrets of thousands of helpless
people in Oregon and Washington State.
click here
Social Security number of attorney goes missing in office
where Dan Hyatt works click here
Demand that Administrative Law Judge Dan Hyatt be suspended
pending results of investigation of theft of government property and
compromising of private social security numbers
click here
Demand that Oregon State Bar surrender stolen property to
victim of Social Security employee who revealed his personal medical
information and social security number. Receiving/possession stolen
property is a crime click here
Administrative Law Judge Dan Hyatt cooks the evidence to
blackball consultative examiners who find that claimants are disabled; stops
claimant's lawyer from asking questions at hearings
click here
Hyatt blackballs some of the finest psychiatrists in two states because they
sometimes find claimants "disabled" click
here
Dan
Hyatt is misrepresenting that he is a United States District Court Judge
says complaint to Oregon State Bar click here
This has been going on since he first became a administrative law judge 11 years ago:
Dan Hyatt lies, Dan Hyatt is biased against certain claimants, takes out revenge against lawyer who aggressively represented Social Security clients, after waiting 3 years for a Social Security hearing, claimants face;
intimidation,
anger,
and other vituperative behavior (containing or characterized by verbal abuse)
refusal to hear evidence,
cancellation of hearings with no opportunity to develop a record on appeal,
ex parte (without their attorney present) contact with claimants, and
foreclosure of cross-examination.
according to
lawsuit against ALJ Dan Hyatt click here
Administrative Law Judge Dan Hyatt calls private
attorney for claimant a "moron" and a liar. Hyatt is proven to be
wrong on all counts. Threatens to have disabled veteran of Vietnam War
"thrown out" of hearing because he was moving too slowly after
hearing cancelled by ALJ Dan Hyatt click here
Dan Hyatt treats disabled United States Navy veteran
shamefully. Threatens to have 300 pound (plus) guard "throw out"
disabled veteran. click here
Dan Hyatt ignores the law and lies in an order.
click here
Dan Hyatt misrepresents and commits fraud by implying he is
a United States District Court Judge, nominated by the President and
confirmed by the US Senate when he is not;
Dan Hyatt admonished by Social Security Administration for
acting "unprofessionally",
Dan Hyatt is a "poor historian", said another way, Dan Hyatt is a liar,
Dan Hyatt attempts to overburden attorneys who practice in
his Social Security room so that claimants will either decide not to hire an
attorney (and lose) or so he can act as an admin judge in front of only
docile and ineffective lawyers click here
Attorney David Lowry quoted by US Ninth Circuit Court of Appeal (one level below US Supreme Court) saying that Dan Hyatt is a bald faced liar click here
Dan Hyatt "a bald faced liar" since 1998 to 2008! Ten Years a Liar, complaint to Oregon State Bar, "Unfitness of Dan R. Hyatt (Bar Number 782524)to be a member of the Oregon Bar Multiple violations of Rule 8.4 (3) dishonest, fraudulent, deceitful conduct, etc. click here
Dan Hyatt betrays his oath to support the laws of the United States as he creates his own laws and becomes judge/jury/executioner
Dan Hyatt lies, tells such a big lie, such an obvious lie, that it will take your breath away
Dan Hyatt demands that Shaking Social Security claimant
breach confidential attorney-client communication
click here
Dan Hyatt stops hearing of claimant who has been waiting for 8 years for disability benefits because claimant's attorney 'objected' to Dan Hyatt misstating the testimony and asking a leading question. click here
Because of Dan Hyatt's lies and cruelty, a social security claimant is forced to beg for food click here
Because of Dan Hyatt's betrayal of a claimant's social security number, steps are taken to protect his him identity theft so that his future social security benefits are not denied him when an illegal alien uses his stolen social security number click here
Dan Hyatt lies repeatedly to investigator as the Oregon State Bar investigates his alleged unethical conduct click here
Model Motion so that you can disqualify Dan Hyatt from hearing your case click here
Judge Dan Hyatt admits extra
judicial bias-if you don't have a lawyer, he will rule against you
click here